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HomeMy WebLinkAbout6/16/2004 - STAFF REPORTS (14) DATE: June 16, 2004 TO: City Council FROM: Director of Human Resources INSURANCE RENEWALS FOR THE CITY'S AIRPORT LIABILITY, AERO SQUADRON AIRCRAFT, ALL-RISK PROPERTY, EARTHQUAKE/FLOOD (PRIMARY LEVEL), CRIME, BOILER & MACHINERY, GENERAL LIABILITY, AND AUTO PHYSICAL DAMAGE (CALEASE) INSURANCE. RECOMMENDATION: It is recommended that the City Council adopt a Resolution approving the City's insurance renewals effective July 1, 2004. SUMMARY: The City of Palm Springs contracted with Davis & Graeber Insurance Services, Inc., a California Corporation, on October 1, 2001, to perform services as the City's Insurance Broker of Record and to solicit insurance proposals from qualified carriers upon renewal of the City's policies. Davis & Graeber has provided the City with July 1 renewal quotations and marketing summaries attached hereto. The July 1, 2004, renewals reflect an overall 12% decrease over last year's premiums. BACKGROUND: Following is a summary of last year's premiums, and staff's recommendation for the July 1 renewals (based on the lowest quoted price and coverage): COVERAGE FROM DAVIS&GRAEBER Premium 7/1103 through 6/30/04 Premium 7/1/04 through 6/30/05 1) Quake/Flood Primary Level $142,800 $128,110 Deductible 5%of Values/$50,000 Minimum 5%of Values/$50,000 Minimum Limits $2,500,000 $2,500,000 2) All-Risk Property $149,791 $146,318 Loss Control Audit Fee $2,000 $2,000 Deductible $10,000 $10,000 Property Schedule $199,034,210 $208,239,694 3) Airport Liability $51,420 $50,412 Limits $50,000,000 $50,000,000 Deductible none $1,000 4) Boiler/Machinery $37,545 $9,500 Deductible $25,000/Cogen;$5,000/AII other $10,000 Limits $40.000,000 $40,000,000 5) Crime Insurance $3,971 $4,198 Employee Theft 510,000 Employee Theft$10,000 Deductible All other$1,000 All other$1,000 Limits $11000,000 $1,000,000 6) Aare Squadron/ Cessna 182P $4,905 $5,893 War Coverage option $918 $918 Deductible $500 $500 Limits $5,000,000 $5,000,000 7)General Liability $229,134 $202,416 Self-Insured Retention $300,000 $400,000 Limits $10,000,000 $10,000,000 8) Auto Physical Damage Program $20,610 $15,955 Deductible 88,354 798.878 CaLease schedule $5,388,354 $3,798,878 Total Premiums $640,176 $562,802 In comparison to last year, the recommended renewals reflect a 10% decrease in the Earthquake/Flood premium (item number 1); a 15% decrease in the All-Risk Property premium (item number 2); and a 300% decrease in the Boiler & Machinery premium (item number 4). All of the recommended renewals came in with lower than anticipated budget projections with status quo coverage limits. Our broker provided two self-insured retention (SIR) options for the General Liability renewal (item number 7). Option number 1 offers a SIR of $300,000 at a premium of $303,416. Option number 2 offers a SIR of $400,000 at a premium of$202,416. Staffs recommendation is to increase the City's SIR to $400,000 and to renew the coverage at the $202,416 premium. This recommendation is based on the fact that over the past six (6) years, the City has not had a known occurrence that has exceeded $300,000. The All-Risk Property renewal (item number 1 & 2) and the Boiler & Machinery renewal (item number 4) include Acts of Terrorism. There is a caveat to that inclusion: "If a government sponsored alternative risk transfer vehicle is initiated," Affiliated FM has the right to remove the City's terrorism coverage. In addition, the Public Entity Excess Liability renewal (item number 7) premium includes terrorism coverage. The Airport Liability quote (item number 3) provides for optional War & Terrorism Coverage. Staffs recommendation for renewal, however, does not include the War & Terrorism Coverage option because of the additional $37,500 in premium cost; and because of the excellent security that is in place at the Palm Springs Airport. In addition, if the City were to purchase the War & Terrorism Coverage, lost revenue resulting from terrorist attacks at another (non -owned) location would not permit us to recover our losses under the terms of the policy, as a city-owned property loss is a prerequisite for filing a claim for any revenue losses. As a result, the benefit of War & Terrorism Coverage does not seem to warrant the premium increase to purchase this option. Sufficient funds are available in the Risk Management insurance premium accounts: (5904) 48640 (General Liability Insurance), 48665 (Aircraft Liability), 48670 (Crime/Fidelity Insurance), 48675 (Airport Liability), and (5905) 48651 (CaLease Insurance), 48655 (Earthquake Insurance), 48692 (Boiler/Machinery Insurance), 48690 (Property Insurance). It is staff's recommendation that the savings from these insurance renewals be retained in the Risk Management Fund to cover contingencies in the fund's reserve requirements. SUSAN E. MILLS, PHR _ Director of Human Resources City Manager Attachments: 1. Quotation Packet and Marketing Report from Davis & Graeber 2. Resolution g Insurance Proposal for City of Palm Springs June 16, 2004 By Ross B. Jones Vice President Commercial Marketing Davis & Graeber Insurance Services, Inc. 470 E. Highland Avenue P.O. Box 750 Redlands, CA 92373 (909) 793-2373 J� Property All Risk Named Insured: City of Palm Springs Policy Term: July 1, 2004 to July 1, 2005 Insurance Carrier: Affiliated FM Insurance Company (A+XV)Admitted Coverage: All Risk, as defined and limited herein, on Real Property, Personal Property, Extra Expense, Rental Income, Gross Earnings excluding Ordinary Payroll and including Extensions of Coverage applying at the following locations on schedule with Company. Limit: TIV $222,639,694 This Company's total limit will not exceed the respective Limits of Liability shown elsewhere for coverage involved. However in no event will the limit exceed $225,000,000 as a result of any one loss, disaster or occurrence, regardless of the number of perils, coverages or locations involved. Sub-limit: Earth Movement: $2,500,000 Annual Aggregate Flood: $2,500,000 Annual Aggregate Off Premises Power: $1,000,000 Extra Expense: $2,000,000 Deductible: The following deductible amounts shall apply to each claim for loss or damage under this Policy in One respective loss categories indicated: 1.Earth Movement: For each occurrence, this company will not be liable for loss or damage to insured property unless the amount of the loss or damage exceeds 5% of the combined value of property at the location where loss or damage occurs, in accordance with the valuation section of this policy and amoral business intemiption value as defined in the Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where loss occurs, subject to a minium deductible amount of $50,000 per location, If coverage is provided for more than one location,this deductible percentage or minium deductible amount will be calculated for and applied separately to each location. 2.$100,000 Flood(per occurrence for all coverages provided in this policy). 3.Off Premises Power Qualifying Period In the event of loss or damage covered by this policy, no coverage is provided unless the period of interruption exceeds 24 hours beginning from the time of loss. If the period of interruption exceeds 24 hours, the loss will be calculated from the original time of loss, subject to the policy deductible. 4.$5,000Electronic data Processing,no coverage is provided unless the period of interruption exceeds 48 hours. 5.$10,000All Other Losses Special Conditions: The following forms will be attached at policy issuance: 1.Excludes Crime,Boiler&Machinery and all third party liability coverages. 2.EQSL is included to policy limits,with a 1%deductible of value of property per location 3. Sewer Back-up included.Debris removal$5,000,000 or 25%of loss 4. EDP Equipment included under Personal Property(includes electrical/mechanical breakdown) 5.Newly acquired property(120 days) Affiliated FM is available to assist the insured in completing recommendations for risk improvement developed as a result of inspections on this account.For more details and assistance,the insured can contact Account Engineer Farrell Fatemi at 818-227-2289, Annual Premium: $266,146.00 Terrorism additional premium: $8,282.00 Inspection Fee: $29000.00 Total Annual Premium: $2689146.00 $276,482.00 (With terrorism included) //A �,J Breakdown of Premium: Property Premium: $138,036.00 DIC & Flood$2,500,000 Primary $128,110.00 CITY OF PALM SPRINGS PROPERTY COVERAGE QUOTATION Affiliated FMInsurance Company 1.TERMS AND CONDITIONS: A. Policy Term: July 1,2004 to July 1,2005 B.NAMED INSURED: City of Palm Springs, and its wholly or majority owned subsidiaries and any interest which may now exist or hereinafter be created or acquired which are owned,controlled or operated by any one or more of those named insureds. C.POLICY LIMIT: This company's liability will not exceed the respective Limits of Liability shown elsewhere for the coverages involved. However, in no event will the company's total limit exceed $208,239,694 as a result of any one loss, disaster or occurrence, regardless of the number of perils, coverages or locations involved. D.INSURANCE PROVIDED: All risks, as defined and limited herein, on Real Property, Personal Property,Extra Expense,Rental Income, Gross Earnings excluding Ordinary Payroll,and including Extensions of Coverage applying at the following locations: As per schedule on file dated 05/24/2004. E.SUB-LIMITS: The following sub-limits will apply on a per occurrence basis and are inclusive of, not in addition to the above Bmit(s). The annual aggregate limit of this company's liability for loss or damage caused by Earth Movement and Flood will not exceed the annual aggregate limit as specified below in any one policy year.The policy year will begin at the inception date of this policy and be concurrent with the anniversary dates of this policy. 1. $2,500,000 Earth Movement 2. $2,500,000 Flood 3. $1,000,000 Off Premises Power 4. $2,000,000 Extra Expense 5. $100,000 Acts of Terrorism(Annual aggregate limit in any one policy year) F.EXTENSIONS OF COVERAGE SUB-LIMITS: The following sub-limits will apply on a per occurrence basis and are inclusive of,not in addition to the above Bmit(s). 1. $100,000 Fire Fighting Materials and Expenses 2. $100,000 Professional Fees 3. $100,000 Expediting Expenses 4. $100,000 Trees,Shrubs,Plants and Lawns limit$1,000 per item 5. $250,000 Pavements and Roadways 6. $50,000 Land and Water Clean Up Expense 7. $50,000 Installation Floater 8. $500,000 Newly Acquired Property 9. $500,000 Unnamed Locations Coverage 10. $1,500,000 Fine Arts It. $250,000 Accounts Receivable 12. $256,000 Valuable Papers and Records 13. $100,000 Electronic Data Processing,Data and Media 14. $5,000,000 Coverage A:Demolition&Increased Cost of Construction Included in A: Coverage B: Demolition&Increased Cost of Construction 15. $500,000 Errors and Omissions 16. $100,000 Transit Coverage 17. $100,000 A.Non-Certified Act of Terrorism $100,000 B. Certified Act of Terrorism Coverage Not Covered C.Terrorism Coverage for Locations Outside of the United States. The above Extensions of Coverage Sub-limits will be the maximum payable for property damage and business interruption(if applicable),or any combination thereof. With respect to Items: 7.Installation Floater S.Newly Acquired Property 9.Unnamed Locations, the specified sub-limit is the maximum amount payable in any one loss or occurrence and can not be combined with any other limits or sub-limits in this policy. With respect to Terrorism Coverage in Item 17.A and C each sub-limit will apply as an aggregate thrill during any one policy year for Property Damage and Business Interruption (if provided) combined, and the Company's maximum liability for such covelrage will not exceed such limit during the policy year regardless of the number of locations coverages or occurrences involved. With respect to Terrorism Coverage in Item 17.B each sub-limit will apply per occurrence.Terrorism coverage in Items 17. A and B applies only to locations within in the United States and it's territories. The applicable annual,aggregate limit of liability will not exceed the following sub-limits in the aggregate during any policy year. $100,000 for Unnamed Locations Coverage and Property Removed From Described Locations, for Property Damage and Business Interruption. $100,000 for Flood for Property Damage and Business Interruption combined when caused by or resulting from Terrorism. These Kinits shall not include the actual Cash Value portion of fire damage caused by Terrorism. G.DEDUCTIBLE AMOUNT: The following deductible amounts shall apply to each claim for loss or damage under this Policy in the respective loss categories indicated: 1. Earth Movement: For each occurrence, this company will not be liable for loss or damage to insured property unless the amount of the loss or damage exceeds 5% of the combined value of property at the location where loss or damage occurs, in accordance with the valuation section of this policy and annual business interruption value as defined in the Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where loss occurs,subject to a miniuni deductible amount of $50,000 per occurrence. If coverage is provided for more than one location, this deductible percentage or minium deductible amount will be calculated for and applied separately to each location. 2.$100,000 Flood(per occurrence for all coverages provided in this policy). 3.Off Premises Power Qualifying Period In the event of loss or damage covered by this policy, no coverage is provided unless the period of interruption exceeds 24 hours beginning from the time of loss. If the period of interruption exceeds 24 hours, the loss will be calculated from the original time of loss,subject to the policy deductible. 4. $5,000 Electronic data Processing 5. $10,000 All Other Losses H.SPECIAL TERMS AND CONDITIONS: 1.Vacancy Clause Permission is given for the Insured to cease operations and for the following location(s) to remain vacant for more than 60 days, provided that the Insured maintains: 1)Fire protection; and 2)Watch and alarm service; As existed prior to the discontinuance of normal operations. As per schedule,if any. 2.Flood Exclusion Coverage for the peril of flood, as provided by the Flood Endorsement attached to this policy, is excluded at any location situated in: 1.Any flood zone or area designated by the Federal Emergency Management Agency(FEMA) as subject to a flood frequency up to and including the 500 year frequency,or 2. Any flood zone or area for which FEMA has not yet determined the flood hazard frequency or has not yet classified or designated as being in or out of a flood zone,or any area outside the United States. The peril of flood is covered in an area protected by dams,levees,dikes,or walls which: a.Protect such areas from at least the level of the 500 year flood,and have no such openings or flood gates, and b.Were built by and are either maintained or inspected by the Army Corps of Engineers. 3.Library Books,Periodicals,and Rare Books Section G., General Conditions, 14.Basic Valuation,of Form No.PRO AR 2100 is amended to include: 11.Library Books,Periodicals and Rare Books a.Library Books and Periodicals will be valued at the lesser of: 1. The value designated for each book and periodical (including the cost of re-shelving and processing) as shown in the declarations; or 2.The cost to repair or restore the article to the condition that existed immediately prior to the loss. b.Rare Library books will be valued at the lesser of: 1. The cost to repair or restore the rare book on the schedule to the condition that existed immediately prior to the loss. 2.The cost to replace the rare book; or 3. The value designated for the rare.book on the schedule of Rare Books on file with this company, if not scheduled,the value designated for each rare book as shown in the declarations. In case of loss or damage to an article that is part of a pair or set,this company will pay the full amount of the value of such pair or set only if: a.The damaged article cannot be repaired or restored to its condition before the loss; and b.The Insured surrenders the remaining article or articles of the pair or set to the company. 4.Historical Replacement Cost Wording With respect to buildings which are declared by a local,state or federal authority to be of historical significance or of historical value, such rebuilding, repairing or replacement 'shall be with material, workmanship processes, technologies and designs publicly available within the current marketplace and shall not include the cost of creating outdated, archaic or antiquated materials,workmanship,processes,technologies or design. 5.Acts of Terrorism This Policy covers insured physical loss or damage caused by or resulting from Terrorism. In any action, suit or other proceedings where the Company alleges that physical loss or damage is limited by this Additional Coverage,the burden of proving that such physical loss or damage is not limited by this Policy shall be upon the Insured. Section H.,Definition,of Form No.PRO AR 2100,is amended to include: Terrorism is defined as any act,including but not limited to the use of force or violence and/or the treat thereof,of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political,religious,ideological or similar purposes including the intention to influence any government and/or to put the public,or any section of the public,in fear. It is understood and agreed that the financial impact from the physical loss or damage caused by terrorist acts cannot be carried by the general insurance industry alone.In the spirit of assistance, this policy continues to provide through the Acts of Terrorists Additional Coverage, a limited amount of coverage for terrorist acts.However, City of Palm Springs (the Insured), agrees to allow Affiliated FM Insurance Company to remove terrorism coverage from the policy, no earlier than 30 days following the availability of a government sponsored alternative risk transfer vehicle that covers acts of terrorism or the anniversary date of this policy,whichever comes first. 1.Index of Forms: The following forms are made part of this policy: Title Form No. Edition Declarations S-1 (7/02) All Risk Property Coverage PRO AR 2100 (1/99) Business Interruption fndomement Extra Expense PRG EE 2260 (1/99) Busuue Imeauption.Endorsement Rental Income PRaRl2250 (1/99) Business Interruption Endorsement //4 Gross Earnings Excluding Ordinary Payroll PRO GE 2210 (1/99) Earth Movement Endorsement PRO EM 2300 (1/98) Flood Endorsement PRO FL 2310 (1198) Off Premises Power Endorsement PRO OPP 2320 (1/99) California Amendatory Endorsement 6488 (6/00) Application of Policy to Date and Time Recognition PRO DTR 2400 (11/00) 2.Special Quote Conditions: a.Excludes Crime,Boiler&Machinery and all third party liability coverages. (Boiler&Machinery quote is available) b.If Boiler&Machinery is quoted and not ordered,Affiliated FM will not provide Joint Loss Agreements. c. Coinsurance does not apply subject to receipt dated/signed statement of values and BI worksheet from insured and acceptance of reported values by the Company. d.EQSL included to policy limit e.Sewer back-up included f.Debris removal$5,000,000 or 25%of loss,whichever is greater. g.EDP Equipment included under Personal Property(Includes electrical/mechanical breakdown) h.Newly acquired property(120 days) This quote does not address any coverage items not mentioned above or not provided for in the specified coverage forms. Airport Liability Named Insured: City of Palm Springs Palm Springs International Airport and all other airport premises necessary and/or incidental to the operations of the Named Insured. Policy Term: July 1, 2004 to July 1,2005 Insurance Carrier: Ace USA/WEST Westchester Fire (A+IX) Admitted Coverage: Special Airport Liability Deductible: $1,000.00 Each Loss Limits: Bodil%lnlur#&Pwpe"Damage $50,000,000 CSL each aircral't/occutcence.and in the aggregate with respect to- Products/Completed Operations $50,000,000 aggregate Personal/Advertising Injury $50,000,000 aggregate Airport Premises $50,000,000 Ground Hangarkeepers $50,000,000 Any one occurrence/aircraft Premises Medical $5,000/person/$25,000 Per occurrence Independent Contractors $50,000,000 Incidental Control Tower Liability $50,000,000 Airshow Liability $1,000,000 primary excess of contractor $5,000,000 aggregate Mobile Equipment on airport premises $50,000,000 Excess auto liability off airport premises $1,000,000/$50,000,OOOFire Legal LiabiliVO,000 each occurrence Contractual Liability $50,000,000 Non Owned Aircraft Liability $50,000,000 Medical Malpractice Liability $50,000,000 aggregate War and Associated Perils Excluded Notice of Cancellation—90 days/10 for non payment Contingent Liquor Liability $50,000,000 Additional Insureds as required Included Excess Employers Liability $1,000,000 any one accident/ $50,000,000 occurrence Date Exclusion&Limited Writeback Included Passenger Misdirection Included Goods, Merchandise &Baggage other than as bailee for hire - Included Premium: $509412. War & Terrorism Coverage: $37,500 Boiler & Machinery Named Insured: City of Palm Springs Policy Term: July 1, 2004 to July 1, 2005 Insurance Carrier: Travelers Indemnity Company (A+XV) Admitted Limits: $40,000,000 Per Accident $208,239,694 TIV Sublimits: Ammonia Contamination: $250,000 Brands &Labels $250,000 Business Income: $8,000,000 (No coverage at Co-Gen Plants) Spoilage: $250,000 Off Premises Service Interruption: $250,000 Ordinance or Law: $250,000 Newly Acquired Locations: $1,000,000 90 days Error in Description: $1,000,000 Expediting Expense: $250,000 Extra Expense: Included with BI Hazardous Substance: $250,000 "Media" $25,000 Water Damage: $250,000 Deductibles: $5,000 All Other Objects $25,000 Co-Generation Plants Business Income: 24 Hours Extra Expense: 24 Hours Spoilage: 10% of loss w/min $5,000 Off-Premises Service Interruption: 24 Hours Ammonia Contamination: $5,000 Premium: $37,184.00 Annual Alternate Quote: Affiliated FM Insurance Company Terms & Conditions: Same as listed above Deductibles: $10,000 All Objects & Co-Generation Plants 24 hours Time Element - Full Policy Limits Premium: $9,500.00 Annual , Crime Bond Named Insured: City of palm Springs Policy Term: July 1, 2004 to July 1, 2007 Insurance Carrier: Hartford Fire Insurance Company (A+IX) Admitted Coverage Form: Crime Shield Limits: Public Employee Dishonesty per Employee: Limit Coverage Deductible $1,000,000 Employee Theft $10,000 $100,000 Forgery $1,000 $300,000 Theft, Disappearance & Destruction - In & Out$1,000 $50,000 Counterfeit Currency& Money Orders (No ded) Premium: $ 4,198.00 Annual Payment (3 - year fixed rate 2004 to 2007 ) Aircraft Liability Named Insured: City of Palm Springs Policy Term: July 1, 2004 to July 1, 2005 Insurance Carrier: Ace USA/WEST Westchester Fire (A+IX) Admitted Coverages: 1974 Cessna 182P N47PS Hall $75,000 Deductible: hi Motion $500 Not In Motion $100 Limit of Liability:$5,000,000 Combined Single Limit Territory: USA, Canada, Mexico, Excludes Alaska Use: Business &Pleasure Pilots: Any properly certified pilot approved by the Named Insured's Chief Pilot Personal Injury: $5,000,0001 aggregate Automatic Attachment of Newly Acquired Aircraft, Temporary Use of Substitute Aircraft Spare Parts $10,000 Deductible: $250 each claim Non-Owned Aircraft Liability $5,000,000 Damage to Non-Owned Hangars and Contents $15,000 Aviation Products Liability for sale of aircraft, aircraft parts,maintenance, fuel, oil, equipment & services Independent Contractors Liability $5,000,000 Contractual Liability $5,000,000 Runway Foaming $5,000 Search&Rescue $5,000 Physical Damage to Non-Owned Aircraft $50,000 Deductible $1,000 Medical Payments $1,000/$4,000 Personal Effects/Baggage $1,000 each person Notice of Cancellation 60 days Non-Payment 10 days Date Exclusion&Writeback Annual Premium: $5,893.00 without War or Terrorism coverage War & Terr. Coverage: $918.00 $6,811 Total Annual with War & Terr. Coverage u40 Public Entity Excess Liability Named Insured: City of Palm Springs Policy Term: July 1, 2004 to July 1, 2005 Insurance Carrier: Insurance Company of the State of Pennsylvania (A++XV) Admitted Coverages: Special Excess Liability for Public Entities Limits: $10,000,000 Products & Completed Operations Aggregate $10,000,000 Errors & Omissions Liability Aggregate, other than Personal Injury Offense Wrongful Acts $10,000,000 Employee Benefit Liability Aggregate $10,000,000 Any One Occurrence or Wrongful Act in Excess of Retained Limit Deductibles: $300,000 SIR each Occurrence All other coverages. $600,000 SIR each Employment Practices Liability. Conditions: Act of Terrorism Retained Amount Endorsement including coverage for terrorism. Time Element Pollution Endorsement Premium Adjustment Endorsement 90 Days Notice of Cancellation, except for Non-Payment of Premium. Subject to: Claims audit to be performed during the year. Premium: $303,416. (Rate: Adjusted at a rate of$6.81 per capita based on a estimated population of 44,526. Includes terrorism coverage charge of$3,004) Alternate quote: Terms & Conditions: Same as listed above: Ins Co State of Penn. Deductibles: $400,000 SIR each Occurrence All other coverages. $800,000 SIR each Employment Practices Liability. Premium: $202,416.00 (Rate: Adjusted at a rate of$4.55 per capita based on a estimated population of 44,526. Includes terrorism coverage charge of$2,004) /14 / Y' INSURANCE QUOTATION CALIFORNIA AUTOMOBILE PHYSICAL DAMAGE PROGRAM Account Name: City of Palm Springs Mailing Address: 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Policy Term: 7/1/04 to 7/l/05 Coverage/Limits/Deductible: Coverage: Automobile/Mobile Equipment Physical Damage Including Comprehensive and Collision Limit(s): Values Reported $3,798,878 (Per Schedule on File) Deductible: $10,000 Annual Premium: $155955 William Deeb Relationship Manager Aon Public Sector Alliance 213-630-3210 2004 July 15t Insurance Renewal Marketing Summary Boiler and Machinery 1. St. Paul/Travelers - See attached renewal quotation. 2. Affiliated FM - See attached renewal quotation (this ultimately would be combined with the All-Risk policy offered by Affiliated FM). Excess Liability 1. Insurance Co. of the State of Pennsylvania— See attached renewal quotation. 2. Gulf—Did not quote, but would like a chance in 2005. 3. Axis- Pending 4. Landmark - Pending - would need to exclude all airport exposure. 5. Ace -Pending 6. American Re - Pending 7. Arch - Pending 8. TIG - Pending 9. Genesis - 1 million/2 million aggregate limit for $336,000 and 5 million limit for $519,000. All Risk Property 1. Affiliated FM - See attached renewal quotation. 2. AIG - Highly Protected Risk Market. 3. Chubb - Cannot quote do to age and location of property. 4. Landmark - Does not want to compete against Affiliated FM. 5. Westchester - Pending 6. Arch - Pending 7. Travelers - Pending 8. Crum & Forster - Pending 9. St. Paul - Pending 10. Allianz— Does not want to compete against Affiliated FM. * Pending means they could not provide a quote by the deadline. 11AX Date: June 16, 2004 To: City Council From: Director of Human Resources INSURANCE RENEWAL FOR EXCESS COVERAGE FOR WORKERS' COMPENSATION INSURANCE RECOMMENDATION: It is recommended that City Council adopt a Minute Order approving the City's Excess coverage for Workers' Compensation Insurance Policy renewal effective July 1, 2004. SUMMARY: The City's Broker of Record did a comprehensive search for coverage in the market, and found that purchasing excess workers' compensation insurance is still difficult at best. The proposed renewal provides two options: Option 1 is a $2,000,000 SIR (self-insured retention)for police and fire personnel, and $1,000,000 SIR for all other personnel at a cost of$229,987.00. Option 2 is a $1,000,000 SIR for all personnel at a cost of$333,867,42. Compared to last year's premium, Option 1 is an increase in the SIR for police and fire from $1,000,000 to $2,000,000 with a decrease in premium of $7,113.24. Option 2 is the same coverage with an increase in premium of$96,767.18. BACKGROUND: In marketing the Excess Workers' Compensation Insurance this year, the City's Broker of Record, Ross Jones of Davis & Graeber, found that there has been an increase in workers compensation claims across the industry from police and fire employees. These increases in frequency and severity have caused the insurance market place to increase the self insured retention (SIR) for safety employees or to increase premium to meet underwriting criteria. Since insurance is a conduit, what is paid out in losses has to be charged in premium in the following years. The market is still recuperating from the losses in the investment market, the hit the reinsurance market took as a result of 9/11, and the loss of carriers that are willing to write excess workers compensation coverage. On a positive note, workers compensation reform AB 899 effective July 19, 2004 provides for reductions in workers compensation benefits. However such reductions are not going to be instant. SUSAN E. MILLS Director of Human Resources APPR ED .��g ✓ �j City Manager a.i ,®- 1-1� // 417 Attachments: 1. Quotation and Marketing Summary 2. Minute Order Excess Workers Compensation Named Insured: City of Palm Springs Policy Term: July 1, 2004 to July 1, 2005 Insurance Carrier: National Union Fire Insurance Co (A++XV) Admitted OPTION # 1 Coverages: Specific Excess Workers Compensation Limits: $15,000,000 Limit Each Accident& Disease $1,000,000 Employers Liability Each Accident $1,000,000 Retention Each Accident & Disease, Emp. Liab. Conditions: Covered States: California Coverage is subject to any state required endorsements, plus 54361; AIGCS Claims Audit Premium: $333,867.42 (Rate: Adjusted at a rate of$1.250 per $100 of payroll on estimated payroll of$26,185,660.) Terrorism: Included in premium OPTION # 2 Coverages: Specific Excess Workers Compensation Limits: $25,000,000 Limit Each Accident& Disease $1,000,000 Employers Liability Each Accident $2,000,000 Retention Each Accident & Disease, Emp Liab. - Police & Fire $1,000,000 Retention Each Accident& Disease, Emp. Liab. All Others Conditions: Covered States: California Coverage is subject to any state required endorsements, plus 54361; AIGCS Claims Audit Premium: $229,987.00 (Rate: Adjusted at a rate of$.8592 per $100 of payroll on estimated payroll of$26,185,660.) Terrorism: Included in premium Excess Workers Compensation 2004 July I" Insurance Renewal Marketing Summary 1. National Union —See attached renewal quotations. 2. Ace - $413,115 premium for Workers Compensation limit of$25,000,000 and Employers Liability limit of$1,000,000 with $1,000,000 retention. 3. CNA- Cannot compete at this level. 4. Midwest Employers-Pending 5. American Re - Pending. Also indicated they are not competitive against National Union. 6. Genesis - Not quoting Workers Compensation for July 1 business. * Pending means they could not provide a quote by the May 21 2004 deadline. The workers compensation reform AB 899 effective April 19, 2004 will begin to effect the costs of workers compensation but those reductions are not going to be instant. Key changes in the new law include the following: • Reduced penalties for certain delays in providing benefits. • Allows employers and insurers to contract with approved provider networks for treating work-related injury and illness beginning January 1, 2005 and thus control treatment indefinitely. Employees may seek second and third opinions from their choice of doctors within the network.An injured workerwho is unsatisfied with network doctors" recommendations may appeal to an Independent Medical Reviewer (IMR). If the IMR agrees with the injured worker, the injured worker may seek treatment from a doctor of his or her own choosing, and the employer loses medical control. • Specifies that employees may only pre-designate treating physicians if the employer offers a health benefits plan. • Limits temporary disability(TD)payments to 24 months from thefirst payment. Certain injuries have extended TD periods of up to 240 weeks within five years from the date of injury. • Encourages good faith reporting of fraud and protects the reporting party from civil liability. • Promotes return-to-work programs hyproviding employers of fewerthan 50 employeeswith subsidies for workplace modifications and special equipment. • Provides incentives to employers of 50 or more employees who return disabled employees to work. Allows a 15 percent reduction in permanent disability payments if an employer brings an employee back to the same job, at the same pay, or accommodates him or her with a modified or alternative job, as long as the job pays at least 85 percent of the previous job and lasts for at least 12 months. Increases benefits by 15 percent when the employer fails to do so. • Excludes most workers"compensation laws from penalty enforcement under SB 796, the""sue your boss"" law signed by former Governor Gray Davis in 2003. In marketing the excess workers compensation for 2004 we found there has been an increase in workers compensation claims across the industry from police and fire employees. These increases in frequency and severity have caused the insurance market place to increase the self insured retention (SIR) for safety employees or to increase premium to meet underwriting criteria. The renewal shows a quote for the$1,000,000 SIR and for an increase of police&fire SIR to$2,000,000 and a premium for each. It is easy to understand, since insurance is a conduit, what is paid out in losses has to be charged in premium in the following years. The most effective way to begin to see a reduction in premiums is through loss prevention. Years of experience has shown the most effective loss prevention program must change employees attitudes. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING INSURANCE RENEWALS FOR THE CITY'S AIRPORT LIABILITY, AERO SQUADRON AIRCRAFT, ALL-RISK PROPERTY, EARTHQUAKE/FLOOD (PRIMARY LEVEL), CRIME, BOILER & MACHINERY, GENERAL LIABILITY, AND AUTO PHYSICAL DAMAGE (CALEASE). WHEREAS the City's, Airport Liability, Aero Squadron Aircraft, All-Risk Property, Earthquake/Flood (Primary Level), Crime, Boiler & Machinery, General Liability, Auto Physical Damage (CaLease) coverages expire at midnight on June 30, 2004; and WHEREAS the City of Palm Springs contracted with Davis & Graeber Insurance Services, Inc., a California Corporation, on October 1, 2001, to perform services as the City's Insurance Broker of Record to solicit insurance proposals from qualified carriers upon renewal of the City's policies; and WHEREAS the City's Insurance Broker of Record has provided insurance quotations for the City's Airport Liability, Aero Squadron Aircraft, All-Risk Property, Earthquake/Flood (primary level), Crime, Boiler & Machinery, General Liability, and Auto Physical Damage (CaLease); NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, approve the following insurance coverage renewals: COVERAGE FROM DAVIS&GRAEBER Premium 7/1104 through 6/30105 1)Quake/Flood Primary Level Premium $128,110 Deductible 5%of Values/$50,000 Minimum Limits $2,500,000 2)All-Risk Property Ins.Premium $146,318 Plus Loss Control Audit Fee $ 2,000 Deductible $10,000 Property Schedule/Limit of Coverage $208,239,694 3)Airport Liability Insurance Premium $ 50,412 Deductible $1,000 Limits $50,000,000 4)Boiler/Machinery Premium $9,500 Deductible $10,000 Limits $40,000,000 5)Crime Insurance Premium $4,198 Deductible Employee theft$10,000. All others$1,000 Limits $1,000,000 6)Aero Squadron Insurance Premium $6,811 Deductible $500 Limits $5,000,000 //rr CONTINUED FROM DAVIS&GRAEBER Premium 711104 through 6/30/05 7)General Liability Premium $202,416 Self-Insured Retention $400,000 Limits $10,000,000 8)Auto Physical Damage Premium $15,955 Deductible $10,000 CaLease Schedule/Limit of Coverage 3,798,878 ADOPTED this 161h day of June, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED & APPROVED AS TO FORM MINUTE ORDER NO. APPROVING THE CITY'S EXCESS WORKERS' COMPENSATION INSURANCE RENEWAL EFFECTIVE JULY 1, 2004 I HEREBY CERTIFY that this Minute Order, approving the City's excess coverage for workers' compensation insurance in the amount of$ effective July 1, 2004, to June 30, 2005, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 16`"day of June 2004. PATRICIA A. SANDERS City Clerk