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Agenda 09/24/2019 Item #16E 8 (Purchase Liability Automobile Insurance Coverage for FY2020)09/24/2019 EXECUTIVE SUMMARY Recommendation to approve the purchase of Liability, Automobile and other insurance coverage for FY 2020 in the estimated annual amount of $856,464. OBJECTIVE: To protect the County against financial loss from casualty related claims and lawsuits and to comply with statutory requirements through the implementation of a cost effective, best value Casualty Insurance program. CONSIDERATIONS: Pursuant to Florida Statutes Section 768.28 and Chapter 440, the Risk Management Division administers the risk management fund (Fund 516) to finance its Property, Casualty program. Generally, the County’s deductible (self-insured retention) is $300,000 per occurrence. Claims are administered by Johns Eastern Company. Insurance and Risk Management Services (IRMS) is the County’s contracted broker of record for coverage. The County purchases excess coverage to protect against catastrophic losses; to cover a cause of action not limited by a state statutory tort cap (such as employment practices liabili ty); to comply with contractual requirements, including grants; or if a claims bill is enacted pursuant to chapter 768.28, Fla. Statutes. The existing program expires on September 30, 2019. For the FY 20 renewal, a Renewal Summary Sheet is attached which illustrates the pricing of each carrier by line of coverage and the purpose/basis of each coverage. The significant highlights of the FY 2020 renewal are as follows. 1. Total premium for all coverage increased 17.46% or $127,322. This increase is due to the following: • Liability premiums increased 6.4% due to higher ratable exposures and a hardening market • Terrorism Liability coverage increased 87.37% because the current carrier refused to renew under the expiring terms, requiring a change of carriers • Cyber insurance increased 47.8% due to one large loss during the year and a recommendation by staff to increase coverage limits from $5,000,000 to $10,000,000 in response to recent ransomware attacks on public entities • Staff recommends the purchase of Active Shooter & Malicious Attack coverage added as new coverage with annual cost of $55,000 • Statutory Accidental Death coverage increased 8.4% due to greater statutory benefit levels enacted by the legislature effective July 1, 2019 2. The property insurance program renews on April 1, 2020 and is not included in this recommendation. 3. Aviation, Flood and Workers’ Compensation Insurance is not included in this recommendation and will be submitted separately. All carriers hold a Best’s financial rating of “A, Superior” or higher. FISCAL IMPACT: Estimated annual premiums are $856,464 as outlined in the Renewal Summary Sheet. Sufficient funds have been budgeted within Fund 516, Property and Casualty Insurance and Fund to purchase coverage. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. 16.E.8 Packet Pg. 2146 09/24/2019 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve the purchase of insurance coverage as outlined in the Executive Summary and the Renewal Summary Sheet effective October 1, 2019; rejection of Uninsured Motorist Insurance except for scheduled take home vehicles, authorizing the County Manager or designee to execute the necessary rejection forms; and to authorize the County Manager or designee to complete the applications or other documents necessary to bind coverage and services effective October 1, 2019. Prepared by: Carleton Case, Risk Finance Manager, Risk Management ATTACHMENT(S) 1. FY 20 Collier Casualty Renewal Without Aviation and WC Summary (PDF) 2. IRMS Renewal Memo FY20 (PDF) 3. Active Shooter Brochure (PDF) 16.E.8 Packet Pg. 2147 09/24/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.8 Doc ID: 9993 Item Summary: Recommendation to approve the purchase of Liability, Automobile and other insurance coverage for FY 2020 in the estimated annual amount of $856,464. Meeting Date: 09/24/2019 Prepared by: Title: – Risk Management Name: Carleton Case 08/29/2019 3:16 PM Submitted by: Title: Division Director - Risk Management – Risk Management Name: Jeff Walker 08/29/2019 3:16 PM Approved By: Review: Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 08/30/2019 8:23 AM Risk Management Jeff Walker Additional Reviewer Completed 09/01/2019 9:57 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/06/2019 3:24 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/10/2019 11:50 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 09/11/2019 2:38 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/12/2019 10:47 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/16/2019 3:02 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM 16.E.8 Packet Pg. 2148 Collier County Government FY 20 Casualty Insurance Renewal Summary FY 20 Premium and Limits All Lines Aggregate $ 574,895 $ 611,978 6.45% Limits Purchased:$5,000,000 General Liability $5,000,000 General Liability $5,000,000 Auto Liability $5,000,000 Auto Liability $5,000,000 Public Officials $5,000,000 Public Officials $600,000 Workers Comp $600,000 Workers Comp $1,000,000 Auto Physical $1,000,000 Auto Physical Damage Replacement Damage Replacement $1,000,000 Crime $1,000,000 Crime Terrorism - Liability $ 14,500 $ 27,168 87.37%Underwriters at Lloyds $10,000,000 per occurrence/ $20,000,000 aggregate $10,000,000 per occurrence/ $20,000,000 aggregate Excess Crime (Employee Dishonesty) $ 9,197 $ 9,257 0.65% Limits Purchased:$4,000,000 Employee $4,000,000 Employee Dishonesty Dishonesty $4,000,000 Computer $4,000,000 Computer and Funds Transfer Fraud and Funds Transfer Fraud $1,000,000 Faithful Performance $1,000,000 Faithful Performance Active Shooter & Malicious Attack NA $ 55,000 NA $100,000 retention Underwriters at Lloyds First Party Coverage for Direct Physical Damage Limits Purchased:$5,000,000 Third Party Coverage for Bodily Injury and Property Damage resulting from Malicious Attack Statutory Accidental Death $ 17,567 $ 19,045 8.41% Limits Purchased:Statutory Statutory- Includes Statutory Changes pertaining to Cancer Presumption Pollution Liability $ 36,683 $ 36,683 0.00% Limits Purchased:$2,000,000 each loss $2,000,000 each loss $4,000,000 aggregate $4,000,000 aggregate Excess crime layer providing coverage for employee dishonesty, Faithful performance by public officials and Computer and Funds Transfer Fraud. None Hartford Insurance Death benefits provided to law enforcement officers and extended to paramedic staff pursuant to FS 112.19. $100,000 deductible per loss.Indian Harbor Liability and clean up coverage for the discharge of pollutants from scheduled tanks, landfills and vehicles to comply with FS 376.309- Financial Responsibility Law. Policy Type FY 19 Premium and Limits % Change FY 20 Deductibles and Notes $1,000,000 retention Hanover Insurance Purpose $300,000 per occurrence for General Liability, Automobile Liability and Public Officials Liability; $100,000 for Crime; $500,000 for Workers’ Compensation and $50,000 for Auto Physical Damage Princeton Excess and Surplus Primary coverage layer providing coverage for bodily injury, property damage, professional acts, employment practices, workers' compensation, limited inverse condemnation/eminent domain, and employee dishonesty/fidelity. FS 768.28, FS 440, Federal Statutes. $100,000 retention per occurrence.Terrorism is excluded from most policies. This program covers liability arising out of acts of foreign and domestic terrorism otherwise excluded. Carrier/Vendor Page 1 16.E.8.a Packet Pg. 2149 Attachment: FY 20 Collier Casualty Renewal Without Aviation and WC Summary (9993 : Purchase of Collier County Government FY 20 Casualty Insurance Renewal Summary Maritime Employers Liability $ 15,000 $ 14,200 -5.33% Limits Purchased:$1,000,000 $1,000,000 Excess Maritime Employers Liability $ 15,000 $ 14,700 -2.00% Limits Purchased:$4,000,000 $4,000,000 Cyber Insurance $ 46,300 $ 68,433 47.80% Limits Purchased:$5,000,000 $10,000,000- Recommended due to recent increase in Cyber attacks on Public Entities Contingent Law Enforcement Professional $ 25,000 $ 25,000 0.00% Limits Purchased:$3,100,000 Limit $3,100,000 Limit $3,300,000 Aggregate $3,300,000 Aggregate Total Fixed Costs 729,142$ 856,464$ 17.46% None Florida Sheriff’s Self-insurance Fund Coverage to protect the Board of Commissioners for negligent acts arising out of the law enforcement activities of the Sheriff pursuant to various Florida Statutes, case law and Federal Statutes. $1,000,000 American Alternative Insurance $100,000 Indian Harbor Provides coverage for liability from a data breach; defense costs; ransomware and mitigation/compliance costs associated with a breach response $10,000 Liberty Mutual Insurance Company Provides coverage for the liability arising out of the operation of watercraft; injury to crew; and injury to divers pursuant to the Jones Act 33 U.S.C. Sec. 901. Page 2 16.E.8.a Packet Pg. 2150 Attachment: FY 20 Collier Casualty Renewal Without Aviation and WC Summary (9993 : Purchase of August 28, 2019 Mr. Jeff Walker, Director of Risk Management Carleton Case, Risk Finance Manager Collier County Government Risk Management Department 3311 Tamiami Trail East, #D Naples, FL 34112 Client:Collier County Government Risk Management Department Subject:October 1, 2019 Renewal Dear Jeff and Carleton: All Lines Aggregate – Princeton Excess & Surplus 1.Policy limits and SIR’s remain as expiring 2.Exposures have increased: 10/1/18 10/1/19 Payroll - +1.2%$149,003,445 $150,778,210 # Employees - +1.3%2,484 2,517 Vehicles - +10.5%1,122 1,240 Auto/Mobile Equipment Values - +12.7%$28,884,419 $32,551,565 Revenues/Expenditures - +2.7%$1,705,562,400 $1,751,631,900 Net Operating Expenses - +1.1%$823,207,144 $832,570,318 3.Premium is up 6.45%, from $574,895 to $611,978 Terrorism Liability – Underwriters at Lloyds (Hiscox) 1.The limit and retention remain the same as expiring. 2.Premium has increased from $14,500 expiring to $27,168. 3.It will be necessary to replace the current Lloyds carrier at renewal. When the current carrier issued the 10/1/18 policy, they used a different form than what was originally quoted, which contained exclusions that were unacceptable. We pursued a correction for quite some time and did receive evidence that the carrier has agreed to eliminate the objectionable exclusions from the policy but we still have yet to receive an endorsement to the policy. A copy of the exclusions page from the current policy is attached along with a copy of the email confirming that the carrier has agreed to amend the policy. 4.Higher limits are available. 5.Specimen form is attached for review. 16.E.8.b Packet Pg. 2151 Attachment: IRMS Renewal Memo FY20 (9993 : Purchase of Liability, Automotive and Other Insurance FY2020) Third Party Liability We will pay for damages and claim expenses for claims alleging bodily injury or property damage resulting from an act of terrorism or sabotage during the policy period at any Insured location. Consent to Settle Provision Included Major Exclusions 1.Biological/Chemical Weapons 2.Electronic Loss 3.Fines or Penalties 4.Government Seizure 5.Harassment and Personal Injury 6.Pollution/Environmental 7.Threat or Hoax 8.Protests/Strikes/Civil Commotion 9.War “Act or Terrorism or Sabotage” An act, subversive act, series of acts, or use of force or violence by an person or group of persons, whether acting alone or on behalf of or in connection with any organization(s), committed for political, religious, or ideological purposes, including the intention to influence any government and/or to put the public or any sector of the public in fear for such purposes. Defense Costs Included Within the Policy Limits Excess Crime – Hanover Insurance 1.The premium increased by less than 1%, from $9,197 to $9,257 Statutory AD&D – The Hartford 1.The premium has increased from $17,567 to $19,045. 2.The premium increase is due to an increase in the statutory benefits levels during the current policy period. 10/1/18 10/1/19 In the Line of Duty Coverage $67,901 $75,000 Fresh Pursuit Coverage $67,901 $75,000 Unlawful and Intentional Death Coverage $198,670 $225,000 Maritime Employers Liability ($1,000,000 Primary) – Liberty Mutual Insurance 1.The premium has decreased by 5.33%, from $15,000 to $14,200. 2.The decrease is due to a reduction is estimated subject payroll, from $134,533 to $120,382. Maritime Employers Liability ($4,000,000 Excess) – American Alternative Insurance 1.The premium has decreased by 2%, from $15,000 to $14,700. 16.E.8.b Packet Pg. 2152 Attachment: IRMS Renewal Memo FY20 (9993 : Purchase of Liability, Automotive and Other Insurance FY2020) Cyber Insurance – Indian Harbor 1.The limit remains at $5,000,000 and the retention at $25,000. 2.The premium has increased from $46,300 to $52,705, due to the claim that was paid during the current policy period. 3.Optional limits are available: a.$5,000,000 limit, $50,000 retention - $48,210 annual b.$10,000,000 limit, $100,000 retention - $68,433 annual c.$15,000,000 limit - pending Option - Active Shooter and Malicious Attack Property and Liability – Underwriters at Lloyds (Hiscox) 1.The limit is $5,000,000 and the retention at $100,000. 2.The premium is $55,000. 3.A specimen form is attached for review. Malicious Attack at an Insured Location We will pay for the following loss you incur directly resulting from a malicious attack that occurs during the policy period at any Insured location. 1.Direct physical damage to or physical loss of covered Property at the Insured location, including physical damage caused by law enforcement or security forces responding to the malicious attack 2.Business Interruption costs regardless of whether the attack caused any physical loss or damage to covered property Third Party Liability We will pay for damages and claims expenses for claims against you alleging bodily injury or property damage resulting from a Malicious Attack at any Insured Location Public Relations Costs Reasonable and necessary costs and expenses you incur for a public relations consultant we contract to assist you in responding to and managing the situation, including media management Major Exclusions 1.Biological/Chemical Weapons 2.Electronic Loss 3.Explosive Devices, other than an explosive device set up by responding law enforcement 4.Fines or Penalties 5.Road Rage 6.Harassment and Personal Injury 7.Pollution/Environmental 8.Threat or Hoax 9.Protests/Strikes/Civil Commotion 10.War 16.E.8.b Packet Pg. 2153 Attachment: IRMS Renewal Memo FY20 (9993 : Purchase of Liability, Automotive and Other Insurance FY2020) “Malicious Attack”Any event that: 1.Involves the use of a firearm handheld weapon, or moving vehicle, or the use of an explosive device in conjunction with a firearm, handheld weapon or moving vehicle 2.Is intended to harm another person or group of persons, and 3.Is carried out or attempted by any person or group of persons acting alone or on behalf of or in connection with any organization Defense Costs Included Within the Policy Limits Sincerely, William H. Kuhlman, CPCU, ARM-P Vice President Robert E. Thorngate, CPCU, ARM Executive Vice President IRMSinc.com | 239-649-1444 | 8950 Fontana Del Sol Way, Suite 200 | Naples, FL 34109 16.E.8.b Packet Pg. 2154 Attachment: IRMS Renewal Memo FY20 (9993 : Purchase of Liability, Automotive and Other Insurance FY2020) 16.E.8.c Packet Pg. 2155 Attachment: Active Shooter Brochure (9993 : Purchase of Liability, Automotive and Other Insurance FY2020) 16.E.8.c Packet Pg. 2156 Attachment: Active Shooter Brochure (9993 : Purchase of Liability, Automotive and Other Insurance FY2020)