Loading...
HomeMy WebLinkAboutItem No. 12 - Risk Management Insurance Program Fiscal Year 2020/21 Consent Calendar City of San Bernardino Request for Council Action Date: June 17, 2020 To: Honorable Mayor and City Council Members From: Teri Ledoux, City Manager By:Rebekah Kramer, Assistant City Manager Subject: Risk Management Insurance Program Fiscal Year 2020/21 Recommendation Adopt Resolution No. 2020-131 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to purchase both a 30-day extension to the current excess liability policies for the extended term of coverage compensation insurance through Public Risk Innovation, Solutions, and Management (PRISM) formerly California State Associate of Counties Excess Insurance Authority (CSAC-EIA) premium quote in the amount of $384,275. Background On June 19, 2019, the Mayor and City Council adopted Resolution 2019-68 authorizing California State Association of Counties Excess Insurance Authority (CSAC-EIA) insurance pool and purchase stand-alone commercial coverage for excess liability insurance for Fiscal Year (FY) 2019/20. On July 17, 2019, the Mayor and City Council adopted Resolution 2019-176 authorizing security insurance for Fiscal Year (FY) 2019/20. e to protect against catastrophic injury to City employees. -EIA, which uses pool purchasing power to achieve broad coverage for the lowest rates available. CSAC- compensation program provides services to 95 percent of the counties and 70 percent has a $1 million SIR with a limit remaining at statutory coverage. Statutory coverage provides payment for claims up to the amount required by law, without limits. The program has a $5 million pooled limit and statutory reinsurance coverage for each accident. FY 2019/20 premium for coverage was a total of $364,881. Page 1 6763 Excess Liability Insurance The City purchases excess liability insurance to protect against catastrophic incidents: liability, and employment practices liability. -alone commercial coverage with the following carriers Allied, Arch, Berkeley and Hallmark, the coverage is layered to provide the City a larger limit of coverage. Coverage was negotiated and secured by the providing a broad range of insurance solutions that has been in business for over 30 has a $5 million SIR with a limit of $35 million. The FY 2019/20 premium for coverage was a total of $581,275. Commercial Property The City purchases commercial property insurance to cover for direct physical loss or damage to City property. The current commercial property insurance is with Travelers Insurance. The policy coverage provides a $50 million dollar limit per occurrence with a $100,000 dollar deductible for all risks with the exception of DIC deductibles ranging from $100,000 to $250,000, total premium for coverage was $621,097 for FY 2019/20. Difference in Conditions (Earthquake and Flood) The City purchases difference in conditions (DIC) insurance to protect against direct physical loss of or damage to City property caused by or resulted from a covered cause of loss such as earthquakes and flooding. Westchester Specialty, Endurance Insurance Company, Evanston Insurance Company and Arch, the coverage is layered to provide a $20 million dollars limit. Coverage was premium for coverage was a total of $328,640. Cyber Liability The City purchases cyber liability insurance for reimbursement coverage in response to data privacy security incidents, business interruption, system failure, digital access protection, network security, cyber extortion, and media liability. The current cyber liability carrier is Chubb; the policy provides a $2 million dollar limit. Total premium for coverage was $47,974 for FY 2019/20. Discussion policy limits and self-insured retention options to find excess liability coverage in the current insurance marketplace on behalf of the City. The current market presently has faced many obstacles such as capacity restrictions meaning there are fewer firms Page 2 6763 writing policies for public agencies and those that are writing are doing so for less coverage, perceived jury verdicts for police-related claims, and the current uncertainty that COVID-19 has created worldwide exacerbated insurance market conditions. The tes to our current insurance carriers and a variety of other carriers to explore and review available options for excess liability, commercial property, and cyber liability. mination that it will not renew coverage for the City in FY 2020/21. Allied provides the City excess liability insurance coverage in the amount of $5 million for the first layer of insurance available to the City beyond the current self-insured retention rate of $5 million. Instead, what Allied has offered is a 30-day extension of our existing policy to allow the City an ide the City a 30-day extension of the existing policies. The total cost for the 30-day extensions is $47,509. The following is a breakdown of the pro-rata fee to extend our existing policies through July 31, 2020, which will allow the City to secure excess liability insurance coverage. Allied Excess Liability Insurance Carrier - 1st Layer ($5 - $10 million): $21,985 Hallmark Excess Liability Insurance Carrier - 2nd Layer ($10 - $15 million): $8,463 Berkley Excess Liability Insurance Carrier - 3rd Layer ($15 - $25 million): $12,300 Arch Excess Liability Insurance Carrier - 4th Layer ($25 - $35 million): $4,761 coverage for the City and the San Bernardino Municipal Water Department (SBMWD). It coverage at this time as they have alternative excess liability coverage. The City has directly worked with the pooled carrier PRISM, formerly CSAC-EIA, to secure excess is $384,275 for FY 2020/21. In July, staff will bring back renewal options and costs for excess liability insurance, commercial property insurance, and cyber liability options for consideration. At this time, after the stay-at home orders associated with COVID-19, we have received the indication that excess liability insurance coverage could cost upwards of $1.5 million in FY 2020/21. Preliminary estimates have not been received for the commercial property insurance and cyber liability insurance coverage; however, these policies do not renew until August 1, 2020. A re-evaluation of various self-insured retention rates, levels of excess liability insurance, and difference in conditions insurance options is necessary to a cost-containment standpoint and so that appropriate levels of coverage are secured for the City. 2020-2025 Key Strategic Targets and Goals The resolution authorizes the City Manager to purchase both a 30-day extension with on insurance Page 3 6763 through Public Risk Innovation, Solutions, and Management (PRISM) aligns with Goal No. 1: Financial Stability. Fiscal Impact The cost for a 30-day extension through July 31, 2020 for excess liability coverage and premiums is $431,784 for Fiscal Year (FY) 2020/21. Sufficient funding is included in the proposed FY 2020/21 Operating Budget for the cost of the premiums in accounts 629-110-0056*5161 (liability) and 678-110-0057*5161 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-131 authorizing the City Manager to purchase both a 30-day extension to the current excess liability policies for the extended term of coverage through July 31, 2020 for the premium amount of $47,509 and excess Management (PRISM) formerly California State Associate of Counties Excess Insurance Authority (CSAC-EIA) for the premium quote amount of $384,275. Attachments Attachment 1 Resolution 2020-131 Attachment 2 Attachment 3 EWC Memorandum of Understanding Attachment 4 Aon 30-Day Extension Letter Ward: n/a Synopsis of Previous Council Actions: June 20, 2019 Mayor and City Council adopted Resolution 2019-68 authorizing the City Manager enter into California State Association of Counties Excess Insurance Authority (CSAC-EIA) insurance pool for excess ensation insurances and to purchase stand-alone commercial coverage for excess liability insurance with Aon. July 17, 2019 Mayor and City Council adopted Resolution 2019-176 terrorism, difference in conditions, and cyber security insurance policy term July 31, 2019 to July 31, 2020 for Fiscal Year (FY) 2019-2020. Page 4 RESOLUTION NO. 2020-131 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO PURCHASE BOTH A 30-DAY EXTENSION TO THE CURRENT EXCESS LIABILITY POLICIES FOR THE EXTENDED TERM OF COVERAGE THROUGH JULY 31, 2020 FOR THE PREMIUM AMOUNT OF $47,509 AND EXCESS THE PUBLIC RISK INNOVATION, SOLUTIONS AND MANAGEMENT (PRISM) FORMERLY CALIFORNIA STATE ASSOCATION OF COUNTIES EXCESS INSURANCE AUTHORITY (CSAC-EIA) FOR THE PREMIUM QUOTE IN THE AMOUNT OF $384,275 WHEREAS, on June 19, 2019 the Mayor and City Council adopted Resolution No. 2019-68, insurance with California State Association of Counties Excess Insurance Authority (CSAC- EIA) and stand-alone commercial coverage for excess liability insurance for Fiscal Year 2019/20; and WHEREAS, determination that it will not renew coverage for the City; and WHEREAS, 30- day extension of the existing policies; and WHEREAS, compensation coverage for the City; and WHEREAS, staff will bring back renewal options and costs for excess liability insurance, commercial property insurance, cyber liability options for consideration. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to purchase a 30-day extension to the current excess liability policies for the extended term coverage through July 31, 2020 for the premium amount of $47,509. SECTION 3. The City Manager is hereby authorized to purchase compensation insurance through Public Risk Innovation, Solutions, and Management (PRISM) for the premium quote in the amount of $384,275. Resolution No. 2020-131 SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Resolution No. 2020-131 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, Acting City Clerk June 4, 2020 City of San Bernardino Edelia Eveland, Director of Human Resources 290 North D St San Bernardino, CA 92401 Dear Edelia: Here is our proposal for the extension of your policies. We have confirmations from all the carriers for a 30-day extension at the following costs: Allied has agreed to extend Pro-rata. A/P $21,985 Hallmark has agreed to extend Pro-rata as per APR/AWAC. A/P $8,463 Berkley has agreed to extend Pro-rata as per APR/AWAC. A/P $12,300 Arch has agreed to extend Pro-rata as per APR/AWAC. A/P $4,761. Total is $47,509 for the 30-day extension. Let me know if I should have the carriers process this change. If you have any further questions, please feel free to contact me. Regards, William S. Deeb. Ed.D. Director of Public Entities Aon Risk Insurance Services West, Inc. | Aon Risk Insurance Services West, Inc. Public Entities Practice Group | 707 Wilshire Blvd., Suite 2500 Los Angeles CA 90017 ||| | t +1.213.630.3210 m +1.213.200.0080 o +1.213.630.3200 f +1.213.996.1783 aon.com CA Corp. Lic. No. 0363334