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HomeMy WebLinkAbout29A - AGMT FOR JOINT POWERSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2020 TITLE APPROVE RENEWAL FOR JOINT POWERS AUTHORITY AGREEMENT BETWEEN THE CITY OF SANTA ANA AND INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) AND APPROVE ASSOCIATED INSURANCE PREMIUMS AND CORRESPONDING AGREEMENT FOR A TOTAL AMOUNT NOT TO EXCEED $4,853,000 (NON -GENERAL FUND) /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: _••e• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTIONS 1. Authorize the City Manager to approve the agreement between the City of Santa Ana and Arthur J. Gallagher, broker of record (Exhibit 1), from July 1, 2020 to June 30, 2021 for insurance brokerage services, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to approve payment of insurance premiums to Independent Cities Risk Management Authority (ICRMA) for excess liability and workers' compensation for protection of City's assets. a. Approve the City's continued participation in ICRMA's Excess Liability Program from July 1, 2020 to June 30, 2021 at an estimated premium not to exceed $1,680,000. b. Approve the City's continued participation in ICRMA's Excess Workers' Compensation Program from July 1, 2020 to June 30, 2021 at an estimated premium not to exceed $386,000. c. Approve the City's continued participation in the ICRMA's Auto Physical Damage Program from July 1, 2020 to June 30, 2021 at an estimated premium cost not to exceed $79,000. d. Approve the City's continued participation in the ICRMA's Property and Equipment Program from July 1, 2020 to June 30, 2021 at an estimated premium cost not to exceed $455,000. e. Approve the City's continued participation in ICRMA's Crime Program from July 1, 2020 to June 30, 2021 at an estimated premium not to exceed $12,000. 29A-1 ICRMA JPA Renewal / Associated Insurance Premiums July 7, 2020 Page 2 f. Approve the City's continued participation in ICRMA's Cyber Program from July 1, 2020 to June 30, 2021 at an estimated premium not to exceed $31,000. 3. Approval payment of insurance premiums to Arthur J. Gallagher, Broker, for coverages of City's assets. a. Approve the City's General Liability Buffer Program from July 1, 2020 to June 30, 2021 at an estimated premium cost not to exceed $786,000. b. Approve the City's Workers' Compensation Buffer Program from July 1, 2020 to June 30, 2021 at an estimated premium not to exceed $194,000. c. Approve the City's Earth Movement & Flood and Difference in Coverage Program from July 1, 2020 to June 30, 2021 at an estimated premium not to exceed $844,000. Coverage includes significant enhancement of past coverage. d. Approve the City's Terrorism Insurance Program from July 1, 2020 to June 30, 2021 at an estimated premium not to exceed $13,000. e. Approve the City's Underground Storage Tank Program from July 1, 2020 to June 30, 2021 at an estimated premium not to exceed $8,000. 4. Approve the City's obligation to pay the State of California Department of Industrial Relations (DIR) fee for the Workers' Compensation Program from July 1, 2020 to June 30, 2021 at an estimated assessment not to exceed $365,000. DISCUSSION Staff is recommending that the City Council approve a renewal agreement with Independent Cities Risk Management Authority (ICRMA) a joint powers authority formed in 1980 in accordance with California Government Code Section 6500. ICRMA's purpose is to provide; 1) excess and re- insurance to protect members from extensive financial debt due to large claims, settlements and judgments, 2) group insurance purchasing power that can offer broader coverage at a lower cost, 3) rate stability, 4) protect individual member cities through pooling of losses, and self-insurance. ICRMA also offers to its member's actuarial services, safety trainings, claim audits, and policy reviews. Currently comprised of 16 California cities, (Adelanto, Bell, Downey, El Monte, El Segundo, Fullerton, Glendora, Hawthorne Hermosa Beach, Huntington Park, Inglewood, Lynwood, Monterey Park, San Fernando, and South Gate) Santa Ana joined ICRMA in July 2019. In this renewal period, the City acquired premiums with an overall average increase of 22% over FY 2019-20. The City's Workers' Compensation excess coverage saw a 15% decrease. The only significant program change is the increase in coverage for Earth Movement & Flood coverage to include all property without value restriction. Even with a declining number of excess carriers willing to provide quotes and an increase in recent claims/settlement sizes trending nation-wide the City's premium increase is less than the average of other cities in ICRMA. The General Liability Buffer coverage policy lowers the City Member Retrained Limit (MRL) from $3 Million to $2 Million per occurrence. The workers' compensation buffer policy lowers the City's MRL from $2 Million to $1.5 Million per occurrence. 29A-2 ICRMA JPA Renewal / Associated Insurance Premiums July 7, 2020 Page 3 ICRMA & Gallagher Policy and Premium Fiscal Year Comparison PREMIUMS FY 2019-20 FY 2020-21 Excess Pool Liability Program $1,579,693 $1,680,000 Excess Pool Workers' Compensation Program $456,447 $386,000 Auto Property Damage Program $70,550 $79,000 Property & Equipment Program $356,514 $455,000 Crime Program $10,845 $12,000 C ber Program $21,611 $31,000 Excess Liability Buffer $713,112 $786,000 Excess Workers' Compensation Buffer $155,433 $194,000 Earth Movement & Flood' $289,368 $844,000 Terrorism $10,965 $13,000 Underground Storage Tanks $7,282 $8,000 Total $3,671,820 $4,488,000 Total Percentage Change 22% 'Enhanced coverage program FY 2020-21 The City is permissibly self -insured for workers' compensation through the State of California Department of Industrial Relations (DIR). For FY 2020-21, staff is requesting that the City Council approve the City's obligation to pay the State of California DIR estimated assessment in an amount not to exceed $365,000 for the period of July 1, 2020 to June 30, 2021. FISCAL IMPACT Funds are budgeted in the proposed FY 2020-21 Liability & Property Insurance account, No. 08009051-64010 for an estimated premium and administrative cost not to exceed $3,908,000 and Workers' Compensation account, Insurance (Risk Management), (No. 08209054-64010) for an estimated premium cost not to exceed $945,000. Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency Submitted By: Steven V. Pham, Executive Director - Human Resources Exhibit: 1. Agreement for Consultant Services Between City Of Santa Ana And Arthur J. Gallagher Insurance Brokers Of California, Inc. For Insurance Broker Services, Client Service Agreement 29A-3 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF SANTA ANA AND ARTUR J. GALLAGHER INSURANCE BROKERS OF CALIFORNIA, INC. INSURANCE BROKER SERVICES THIS AGREEMENT is made and effective as of July 7, 2020, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter referred to as "City"), and Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: TERM This Agreement shall commence on July 1, 2020, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2021, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform insurance brokerage services for the placement of the City of Santa Ana's insurance programs as outlined in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant for insurance premiums invoiced for insurance placements. b. Consultant will submit invoices for insurance premiums. Invoices shall be submitted once insurance coverage is bound. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 5. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers 29A-4 and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 6. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from Risk Management Department or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. City: City of Santa Ana Attn: Clerk of Council 20 Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana, CA 92701 With courtesy copies to: Risk Manager City of Santa Ana 20 Civic Center Plaza, M-28 P.O. Box 1988 Santa Ana, CA 92701 City Attorney City of Santa Ana 20 Civic Center Plaza, M-29 P.O. Box 1988 Santa Ana, CA 92701 29A-5 To Consultant: Arthur J. Gallagher & Co., Insurance Brokers of California., Inc. Susan J. Blankenburg San Francisco, CA 94111 415-536-8417 Susan Blankenburn(a)aia com 8. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 9. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 10. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Santa Ana. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 11. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 12. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time not to exceed one year; (c) non -monetary changes in scope of work; (d) agreement termination. 29A-6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF SANTA ANA By: Kristine Ridge City Manager ATTEST: M Daisy Gomez Clerk of Council APPROVED AS TO FORM: SONIA R CARVALHO City Attomey Arthur J. Gallagher & Co- 0 By. Ct wto- A, ke'3� Laura A_ Rossini CONSULTANT Acting Chief Assistant City Attomey Arthur J. Gallagher & Co. Susan J_ Blankenburg 1255 Battery Street, Suite 450 _San Francisco, CA 94111 (415) 536-841 f Susan i3lankenburgiMaig.com PM Initials: Date: {Signatures continue on the next page 29A-7 0 G , ..&• '-- -- M �► 1 �! Steven V. Executive of Human Resources Agency 29A-8 CLIENT SERVICE AGREEMENT EXHIBIT A The following outlines Services provided by Gallagher over the term of this Agreement: • Use its best efforts to secure the following lines of insurance coverage on Client'sbehalf: o List of Insurance Placements: o Underground Storage Tanks o Excess Liability (Buffer) o Excess Workers' Compensation (Buffer) o Terrorism o Difference in Conditions (Earth Movement & Flood) • Work with Client to prepare comprehensive underwriting data and criteria for insurance carrier negotiations. • Formally present coverage submissions to agreed upon insurance carrier(s) and negotiate terms on behalf of Client. • Summarize the results of executing the marketing strategy developed with Client and communicate program recommendations. • Provide consultation to Client on exposures, existing coverage, and the desirability and/or feasibility of potential program changes, retention and data analysis as recommended by Gallagher. • Request change endorsements, when requested by the Client or when otherwise necessary, ensuring accuracy and delivery in a timely manner. • Administration of insurance program (only if applicable), including policy review and issuance, invoicing, coordination and/or issuance of required documentation, i.e., certificates of insurance, and other program administration, as required by the Client. • Review accounting and billing data; audit information from insurance carriers to ensure accuracy. • Other Services: o Risk Control Services o Loss control consultation and claim advocacy o Certificate Tracking City of Santa Ana Exhibit A. doc 29A-9