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Resolution No. 80240 3 4 5 6 7 8 9 111110 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON RATIFYING THE ACTIONS TAKEN REGARDING BOUND COVERAGE FROM HARTFORD CASUALTY INSURANCE COMPANY FOR EXCESS WORKERS' COMPENSATION INSURANCE WHEREAS, on June 21, 1983, the City Council of the City of Vernon adopted Resolution No. 5014 approving membership in the Independent Cities Risk Management Authority ("ICRMA") which was created to jointly exercise the power of municipalities to manage their common risk for insurance and risk management purposes; and WHEREAS, AON Risk Services provided informal brokerage services for the ICRMA; and WHEREAS, AON Risk Services recently recommended that members of the ICRMA pursue independent quotes for excess workers' compensation insurance due to the tight workers' compensation linsurance market; and WHEREAS, the City of Vernon's workers' compensation insurance expired on July 1, 2002; and WHEREAS, since time was of the essence, Joan Francone, Risk Manager, requested Davis and Graeber Insurance Services, an independent broker recommended by the City of Palm Springs, to market the City's Workers' Compensation Application and obtained a quote for lexcess workers' compensation insurance coverage; and WHEREAS, on June 5, 2002, Joan Francone, Risk Manager, submitted an Application for Excess Workers Compensation Policy for the City of Vernon, subject to ratification by the City Council; and WHEREAS, in order to meet the urgent need for excess workers' compensation insurance coverage, Joan Francone, Risk Manager, 0 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 administratively approved the issuance of a binder and the payment of premiums to Hartford, subject to ratification by the City Council; and WHEREAS, Hartford has issued Binder #13073, Policy No. 72XSWQX0931, for the period July 1, 2002 through October 1, 2002 for excess workers' compensation insurance coverage with the understanding that a policy will be issued for the period July 1, 2002 through July 1, 2003; and WHEREAS, the City Council desires to approve and ratify the JBinder and the payment of premiums for the new excess workers' compensation insurance coverage; and WHEREAS, on July 9, 2002, the Finance Committee recommended that the City Council approve the recommendation of Bruce V. Malkenhorst, Director of Finance, dated July 3, 2002, that the City Council ratify bound coverage with Hartford for 2002/2003; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to ratify the bound coverage with Hartford Casualty Insurance Company for excess workers' compensation insurance coverage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby (finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby ratifies the execution of the Application for Excess Workers Compensation Policy by the Risk Manager on behalf of the City, a copy of which is attached hereto as Exhibit "A" and made a part hereof. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The City Council of the City of Vernon hereby approves and ratifies Binder 413073, a copy of which is attached hereto as Exhibit "B" and made a part hereof and payments of premiums for the new excess workers' compensation insurance coverage. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator to execute any and all documents necessary for the purpose of securing the excess workers' compensation insurance policy for, and on behalf of, the City of Vernon. SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 24th day of July, 2002. ATTEST: BRUCE V. MALKENHORST, City Clerk &Eq�NISC. MALB ��,G,May r - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8024, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, July 24, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) - 4 - EXHIBIT A NN10572002`WED 10:29 AM DAVIS & GRAEBER INS SVCS, FAX NO. 909 798 6983 P.,02 ShIROY�h'S/ONS1194 ECOMM, 4AON Application for Excess Workers Compensation Policy 1. Name of Applicant: CITY OF VERNON (As shown on Self -Insurance Permit) x. Address: 4305 SANTA FE AVE., VERNON, CA Zip: 90058 ^� 3. Federal Employer Identification Number. 4. Describe operations to be covered: ALL OPERATIONS OF THE MUNICIPALITY (Include engineering report for each location and engineer's evaluation of the safety program') S. Give locations of operations to be covered- CITY HALL COMPOUND 4305 SANTA FE AVE.; DIESEL/POWER PLANT 2715 E. 50TH STREET;FIRE STATION #1 -.3375 FRUITLAND:AVE, STATION #2 — 4301 SANTA FE AVE., STATION #3 — 2800 SOTO AVE., STATION #4 — 4530 BANDINI BLVD. 6. Attach latrsttAnnual Financial Report: 7. Describe Occupational Disease exposures and steps taken to control these exposures: SAFETYEMPLOF 5 RECEIVE INNOCULATIONS FOR T BAND BLOODBORN PATHOGENS ON ANNUAL OR AS NEEDED BASIS. S. Indicate any substantial or unusual changes in operations that are planned or have taken place in the past five years: NONE 9. bate qualified as a self -insured: 01-01-1979 10. Are there other states or jurisdictions included for self-insurance that would not be covered by the insurance requested by dais application? Dyes ■ No If yes, please list. 11. Current Coverage: 7 / 1 /O1 — 7 / 1 /02 Irtsurrr, CONTINENTAL CASUALTY Specific Limit: W/Q STATUTORY Retention: $325 , 000 Aggregate Limit: EL $ 2 , 000 , 000 Retention Factor %: 12. Coverage Desired: SAME OR BEST OPTION F-ffective Daft: Specific Limit: Retention: Aggregate Limit: __ Retention Factor %: ERC 2151 M Page i o/ 4 JUN-06-2002`WED 03:02 PM DAVIS & GRAEBER INS SVVCS FAX NO. 909 798 6983 P. 02 13, Give the following information regarding each state or jurisdiction: /irmarp snace is needed. use separate paee.) " WL, Code Classification Number of nplgyees Grass Payroll Manual Ratcs Prernium 14, Give 5-year prior experience information for each state to be included in the proposed coverage: State Total In imp Indemnity Medical Medical. 'Valuation From To Gross Payroll Paid Unpaid paid Unpaid Date *Include allocated claims expenses as part of indemnity 15. Give the following information: Claims in excess of $50,000 past 5 years: . �. Claims in excess of $100,000 past 10 years: (Use a separate page for full details) Loss.Loss Date state Number Employees Involved involved , is Lion of Loss Total Estimated Cost raid Reserve Total 8110 2151 M Page 2 of 4 JUN-05-2002`WED 10.29 AM DAVIS & GRAEBER INS SVCS, FAX N0, 909 798 6983 P. D3 16, Provide details of any OSHA or State OSHA violation.within the past Stlyears: nqr z 17. Does the applicant have any employees who may be subject to the Longshoremen and Harbor Workers Act, Jones Act or Federal Employee's friability Act? O Yes 16 No It yes, explain: Unless endorsed, our policy does not include federal acts coverage. I& Do the operations of the applicant include Volunteer or Donated, LAW Q Yes 4 No It' yes, explain: 19. Dots applicant now (or have future plans to) own, tease or charter watancrafV Q Yes 8 No Ityes, describe watercrrtft, use, number of crew members, passenger capacity and whether craft is owned, leased or chartered, 20. Does applicant own, lease, or charter aircraft? Q Yes *No If yes, Aircraft Supplemental Quesdommire mist be completed 21. Complete the following information on owned or leased vehicles - INCLUDES PICK UP'S a. Number of: passenger can 60 trucks 79 tractors 11 22. b, Number of commercial vehicles: owned by applicant 0 by owner -operator 0 c. Is applicant responsible for W.C. coverage on owner -operators? NO Q Yx o If no, does applicant obtain certificate of W.C. insurance from such operator? YES d, With respect to commercial vehicles: N/A 1. States in which vehicles operate: 2. Average number of persons in each unit: 3. Does applicant transport chemicals, hazardous materials, explosives, explosive material or flammable material? 0 Yes 16 No If yes, provide full details. Does applicant provide any means of tarasportaaon for employees to or from the workplace? If yes, please describe the type of conveyance, frequency of trips and number of employees (total number and number per conveyance involved). Q Yes d No ERG 2151 M Page 3 of 4 JUH- M0 2002 ` WED 10 : 30 AM DAV I S & GRAEBER INS SVCS, FAX NO. 909 798 6983 ; , P. , 04 23. Service Company Information: (If no service company complete a Self Administration Questionnaire) & Loss prevention services 1. Name of service company 2. Address of service company 3. (dive details of kind and frequency of services that will be frnished by service company b_ Claims handling services 1. Name of service company COLEN AND LEE 2. Present contact and title MARTIN VEGA, CLAIMS ADMINISTRATOR 3. Address of service company 1470 SO. VALLEY VISTA DR. „4130 DIAMOND BAR, CA 91765 4. Give details of kinds of service that will be furnished by service company RECEIVES AND ADMINISTERS ALL WQRKERS' COMPENSATION CLAIMS c. Are claims handled to conclusion? Q Yes Q No If no, gave details. d. 'What is normal length of service contract? FEES REVIEWED ANNUALLY. CONTRACT SINCE 1989 e. Does applicant a$= to let the excess carrier know about any change in the service company or in the kind or amount of services to be performed by the service company? YES 24. Describe applicant's oven lo$s prevention program and medkd facilities for treating injuries: jiPR _--- PROGRAM IN PLACE AND AGGRESSIVELY MANAGED. MEDICAL FACILITY IS TECHNIMED VERNON, 3364 E. SLAUSON AVE., VERNON,90058, (323) 584-7242 25. Is a full-time doew used? Q 'Yes V No If no, what facility is available? TECHNIMED VERNON Are registered nurses used? NO I have read all of the responses shown in this application, and each such response is true, accurate and compkie,1 anderstand that Employers Reinsurance Corpora&& w#1 rely upon these responses to snake decLoons concerning the policy requested by this 4pp&a&jL d RISK MANAGER DataApplicant's Signature Title - ERC 2151 M Page 4 of 4 INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY EXCESS WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY RENEWAL APPLICATION l . Name of City: Vernon Address: 4305 Santa Fe Ave. Vernon CA 90058 2. Does the City own, rent, lease, or charter any aircraft or watercraft? Yes ❑ No If yes, please complete an aircraft/watercraft questionnaire. 3. Name and address of claims handling company: Colen and Lee 1470 South Valley Vista Dr. Suite 30 Diamond Bar. CA 91765 4. Desired Self -Retained Limit (SIR): $400,000 ❑ $500,000 ❑ 5. ESTIMATED ANNUAL PAYROLL: CLASSIFICATION CODE 2002-2003 ESTIMATED PAYROLL AIRCRAFT PATROL 7424 $0 CLERICAL 8810 _ $1,25,573 ELECTRICAL LIGHT & POWER 7539 $2,659,566 FIRE FIGHTERS 7706 $5,490,660 HOUSING AUTHORITIES 9033 $0 MUNICIPAL -laborers 9420 $1501,079 MUNICIPAL -other than laborers 9410 $2696,125 POLICEMEN 7720 $4,193,018 STREET/ROAD CONSTRUCTION 5507 0 VOLUNTEER FIREMEN (number of volunteers) 7707 $0 VOLUNTEER POLICEMEN (number of volunteers) 7722 $0 WATER DEPARTMENT 7520 $970,636 OTHER: GAS _ $463,731_ TOTAL ANNUAL PAYROLL: $ 20,220,388 REPRESENTATION: It is represented that the information contained herein is true, and that it shall be the basis of the policy of insurance should any insurer evidence its acceptance of this application by issuance of a policy. Signature: ��iN-d'�� Date: Title: ?22T:T� Phone Number:r�-;z.3.2y``t�' Aon Risk Services Aircraft Questionnaire, Rev, 12/00 EXHIBIT 4 PARTNERSSPECIALTY INSURANCE SERVICES, LL,C. �E 6/27/02 BINDER # 13073 Page 1 of 2 In accordance with your instructions, we have effected insurance as follows: Insured: City of Vernon Producer: Davis & Graeber Insurance Services 4305 Santa Fe Ave 470 E. Highland Ave. Vernon, CA 90058 Redlands, CA 92373 Binder Period: 07/01/02 to 10/01/02 12:01 Standard Time at above location(s) Policy Period: 07/01/02 to 07/01/03 12:01 Standard Time at above location(s) Insurer Hartford Casualty Insurance Company Admitted Policy # 72XSWQX0931 Coverage Excess Workers Compensation Limits Coverage A: $50,000,000 Coverage B: $1,000,000/$1,000,000 Deductibles SIR including claim expense: $500,000 Rate: .3460 based payroll of $20,220,388 Premium $ 69,963.00 25 % Minimum Earned Premium in the event of cancellation. Broker Fee 500.00 Total $ 70,463.00 Conditions Coverages included in quote: Required State Amendatory Endorsements SIR combining loss and claim expense SIR combining Part I and Part II for loss Other States Coverage Voluntary Compensation Foreign Voluntary Compensation Delete Commutation Clause Subject to: 1) Hartford's Per Location Questionnaire must be completed within 30 days of effective date. 2) Detailed loss reports will be sent to the company on a quarterly basis. Company will need to be added to the TPA's distribution list so that the loss reports are sent automatically. 3) Receipt of a fully executed contract between insured and TPA within 45 days of effective date. 4) Depending on the TPA chosen, a claim audit may be required. The insured's current TPA does not qualify for Hartford's program. The insured must contract with one of the following Hartford approved TPA's and we must receive written confirmation of the TPA insured has chosen within five days of binding: Large National TPA's: Cambridge Integrated/Martin Boyer, Crawford and Company, Frank Gates, GAB, Gallagher Bassett, Sedgwick & Company, Gates McDonald. 2450 Colorado Avenue, Suite 200 Santa Monica, CA 90404 Phone: (310) 586-4700 Fax: (310) 586-4750 License # OD40510 ` PARTNERS SPECIALTY i INSURANCE SERVICES,LLC. 6/27/02 BINDER # 13073 Page 2 of 2 CONDITIONS cont.. Company Owned TPA's: Specialty Risk Services -Hartford, Constitution State Services Company -Travelers, Helmsman -Liberty, RSKCo-CNA, ESIS-Kemper, PMA, Wausau, Chubb. Date of issuance: June 27, 2002 PARTNERS SPE TY INSUR S IC LC Signature: Marc Rotter Forms applicable are subject in all respects to the terms, conditions and limitations of the policy(ies) or certificate(s) in current use by the company, unless otherwise specified. CONDITIONS: The policy premium stated on the front page of this binder is due and payable to Partners Specialty Insurance Services, LLC within (20) days of the effective date of the binder. Failure of the insured to make timely payment of premium shall be considered a request by the insured for the company to cancel. In the event of such cancellation by the company for non-payment of premium, the minimum premium shall be immediately due and payable. Non-payment cancellation shall be rescinded at the discretion of the company if the insured remits the full premium due within (10) days.of receiving the cancellation notice upon company verification that the subject of this insurance is in proper insurable condition. This binder is based upon written correspondence and/or telephone advices from the insurer(s) stated on this binder and is issued by Partners Specialty Insurance Services, LLC without liability whatsoever as an insurer. This binder will be terminated and superseded upon delivery of formal policy(ies) or certificates issued to replace it. CANCELLATION: This bfndermay be cancelled bythe insured by surrender thereof to Partners Specialty Insurance Services, LLC or any of its authorized agents, or by mailing to Partners Specialty Insurance Services, LLC written notice stating when thereafter the cancellation shall be effective. The insurance under this binder cannot be cancelled flat; earned premium must be paid for the time insurance has been in force. This binder may be cancelled by the insurer(s) or by Partners Specialty Insurance Services, LLC on behalf of the insurer(s) by mailing to the insured at the address stated on this binder, written notice stating when, not less than FIVE (5) days thereafter, such cancellation shall be effective. The mailing of notice as aforesaid shall. be sufficient proof of notice. Delivery of such written notice either by the insured, the insurer(s), or by Partners Specialty Insurance Services, LLC shall be equivalent to mailing. In the event of cancellation by the insured, the earned premium will be computed short rate, the minimum premium shall be due and payable by the insured regardless of any conditions of the binder to the contrary, and if cancelled by the insurer, the earned premium will be computed pro rata. THIS BINDER MAY NOT CONFORM TO THE TERMS AND CONDITIONS REQUESTED. 2450 Colorado Avenue, Suite 200 Santa Monica, CA 90404 Phone: (310) 586-4700 Fax: (310) 586-4750 License # OD40510 SUPPORTING DOCUMENTS Davis and Graeber Insurance Services - Q U O T E # 13073 D Excess Workers Compensation We are pleased to offer the following quotation for your review: INSURED: City of Vernon POLICY PERIOD: 7/1/02 to 711/03 4305 Santa Fe Ave, Vernon, CA 90058 INSURER: Hartford Casualty Insurance Company Admitted COVERAGE: Excess Workers Compensation LIMITS: Coverage A: $50,000,000 all options Coverage B: $1, 000, 000/$1, 000, 000 DEDUCTIBLE: SIR including claim expense: $500,000 CONDITIONS: Coverages included in quote: SIR combining loss and claim expense SIR combining Part I and Part II for loss Other States Coverage Voluntary Compensation Foreign Voluntary Compensation Delete Commutation Clause Subject to: 1) Hartford's Per Location Questionnaire must be completed within 30 days of effective date. 2) Detailed loss reports will be sent to the company on a quarterly basis. Company will need to be added to the TPA's distribution list so that the loss reports are sent automatically. 3) Receipt of a fully executed contract between insured and TPA within 45 days of effective date. 4) Depending on the TPA chosen, a claim audit may be required. The insured's current TPA does not qualify for Hartford's program. The insured must contract with one of the following Hartford approved TPA's and we must receive written confirmation of the TPA insured has chosen within five days of binding: Large National TPA's: Cambridge Integrated/Martin Boyer, Crawford and Company, Frank Gates, GAB, Gallagher Bassett, Sedgwick & Company, Gates McDonald. Company Owned TPA's: Specialty Risk Services -Hartford, Constitution State Services Company - Travelers, Helmsman -Liberty, RSKCo-CNA, ESIS-Kemper, PMA, Wausau, Chubb. PREMIUM: $ 69,963.00 RATE: $ .3460 based payroll of $20,220,388 S.L. Broker Fee 500.00 Total $ 70,463.00 This quotation is valid for 30 days. 25 % Minimum Earned Premium in the event of cancellation. 1 CRMA EXCESS WORKERS' COMP. & EMPLOYER'S L Marketina Overview sv Carder Ra n9 ACE American Insurance A (XII) UCould . not get adequat Company for an account this siz( based on losses anyw AIG National Insurance A++ (XV) Company Core is insurance Company A IX Declined to uote oli( Declined to quote bas, Discover Reinsurance Co. A (VII) Employers Reinsurance Co. A++ (XV) Declined to quote this Declined to quote polio Fireman's Fund Insurance A (XIV) Com an Aliianz Genesis Insurance. Company A++ (XV) Declined to quote; if q $5MM in limits Insurance Co. of the West A IX No longler writing new Kemper Casualty insurance A (XV) Declined to quote this Company Midwest Employers Casualty A (X) Too large; rate for m Company California is usuallY s Municipal Mutual Insurance NR-2 (IV) Not approached due Company Liberty Mutual A+ XV Declined to uote ba, Legion Insurance Company A- (IX) Too large; no appetite in California Professional Underwriters A (XV) Declined to quote poll Zurich American Insurance municipalities in Calii St. Paul Fire and Marine A+ (XV) Declined to quote trit Insurance Company Wexford (Continental A (XV) - ' Declined to quote gr( Casualty Company) individual cities with minimum $100,000 E pool was $1,000,OOC remium Safetv National Insurance Co. A 111 Declined to write mu State Compensation B+ (XIII) Not approached due Insurance Fund of California reinsurance coverage NA probably would pass IV i .e and fire NA ;d on losses NA hype risk NA ;e and fire NA joting, $1MM SIR with NA business fornia in Cali NA type of risk in California NA nicipai accounts in NA weral times hi her o A.M. Best Rating NA ;ed on losses NA for municipal accounts NA ice and fire or NA Mia ;type of risk NA rup as a whole; quoted Sktached ee iifferentiai SIRS and remium. Indication for SIR at close to same lici al accounts in CA A to A.M. Best Rating !NA Am Name Payroll Retention Premium Rate Percentage of Police/Fire Alhambra Arcadia Azusa Baldwin Park Bell Chino Colton Culver City Downey El Monte ElSegundo Fullerton Glendora Hawthorne Hermosa Beach Huntington. Park Indio Inglewood Lynwood Manhattan Beach Monrovia Monterey Park Redondo Beach San Fernando Upland Vernon West Covina Whittier 23.9 million 18.7 million 17:9 million. 10.8 million 6.0 million 18.2 million 18.4 million 40.9 million 27.7 million 26.8 million 24.5 million 39:9 million 15.9 million 20.7million 8.7 million 11.6 million 8.5 million 45.7 million 8.7 million 18.2 million. 15.7 million 19.9 million 29.6 million 7.7 million 16.6 million 20.2 million 28.0 million 22.8 million 000,vuv--- 500,000 178,71.0 0.9580 50% . 500,000 119,210 0.6642 28% 500,000 110,000 1.0150 56% 500,000 100,000 1.6640 60% 750,000 104,630 0.5754 36% 750,000 100,000 0.5436 44% 1,000,000 211,780 0.5178 44% 750,000 145,230 0.5250 52% 750,000 151,495 0.5660 48% 750,000 196,955 0.8054. 49% 1,000,000 241,880 0.6067 47%� 500,000 120,990 0.7605 33% 500,000 142,875 0.6896,r- 38% 500,000 100,000 1.1440 52% 500,000 150,660 1.2960 . 63% 500,000 100,000 1.1-800 38% 1,000,000 235,965 0.5163 39% 500,000 100,000 1.1500 0%0 500,000 149,245 0.8179 49% 500,000 129,715 0.8242 53% 500,000 139,280 0.6997 .. 46% 750,000 156,010 0.5272 44% 500,000 100,000 1.2990 35% 500,000 152,920 0.9212 54% 750,000 118,500 0.5860 48% 750,000 148,910 0.5327 54% 750,000 129,930 0.5702 40% Option to Pool only: Bell, Glendora, Hermosa Beach, Indio, Lynwood, Manhattan Beach and San Fernando Retention: $500,000 Premium:: $445,945 Individuat Premiums: Bell $36,319 Glendora $96,169 Hermosa Beach $52,852 Indio $51,210 Lynwood $52,567 Manhattan Beach $110,279 San Fernando $46,549. 67 4 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 Finance Committee City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 July 3, 2002 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 6- \va A The City's Workers Compensation insurance expired on July 1, 2002. Due to the competitive workers' compensation rates in the insurance market, AON Risk Services, Brokers for the Independent Cities Risk Management Authority (ICRMA), released all cities from its Broker of Record status and recommended that cities pursue independent quotes. Most of the referred carriers offered very high Self -Insured Retention (SIR) limit deductibles. Mr. Ross Jones of Davis and Graeber, an independent broker recommended by the City of Palm Springs, marketed the City's workers compensation application and obtained a quote from Hartford Insurance for Excess Worker's Compensation Insurance with a premium of $69,963.00 plus Broker fees of $500.00 and the SIR of $500,000.00. This has been reviewed by the Risk Manager and City Attorney and it is hereby recommended that the City Council ratify bound coverage with Hartford Insurance at a total premium of $70,463.00 for 2002/2003. BVM/gm y truly yours, bl, N4U4v cars 7` Bruce V. Malkenhorst A Director of Finance MEMORANDUM RISK MANAGEMENT/PERSONNEL TO: Bruce V. Malkenhorst, City Administrator FROM: Joan Francone, Risk Manager/Personnel Assistant DATE: June 27, 2002 SUBJECT: WORKERS' COMPENSATION INSURANCE RENEWAL JULY 1, 2002 / JUNE 30, 2003 As a result of the tight workers' compensation insurance market, AON Risk Services, Brokers for the Independent Cities Risk Management Authority (ICRMA), released all cities from its Broker of Record status and recommended pursuit of independent quotes. Most carriers that AON submitted the application information to either were not interested in writing the account at all, or were interested in it with only very high SIR limits (deductibles) of $1,000,000 and high premiums. The companies that were approached are summarized in the Marketing Overview page attached. Based on their efforts, AON could only recommend Wexford Insurance at a premium for the City of $118,500 plus brokers fee, which totaled approximately $125,000. The SIR was $750,000. Last years premium was $26,474 with an SIR of $350,000. Risk Management then consulted Davis and Graeber Insurance Services, an independent broker recommended by the City of Palm Springs. There was no method used in contacting Davis and Graeber, however, time was of the essence since the City's insurance was to expire July 1, 2002. Ross Jones of Davis and Graeber, marketed the City's workers compensation application and was able to obtain a quote from Hartford Insurance for Excess Workers' Compensation Insurance with a premium of $69,963 plus Broker fee of $500. The SIR is $500,000. Based on the above, it is recommended that Council ratify bound coverage with Hartford Insurance at a total premium of $70,463 effective July 1, 2002 for 2002/2003. Broker in the transaction to be Davis and Graeber Insurance Services. JF/cc Enclosures From: Ross Jones [rjones@davisandgraeber.com] Sent: Wednesday, June 26, 2002 4:05 PM To: Francone, Joan Subject: RE: Excess Workers Compensation Insurance quotations: Hartford Hartford Excess.doc Excessmpd Please be advised that we have bound coverage for the Excess Workers Compensation Insurance with a $50,000,000 Coverage A & $1,000,000 Coverage B: and a $500,000 SIR at a rate of: $.3460 with a Premium of $69,963. plus S.L. Broker fee of $500. Binder and billings will be sent by U.S. Mail. Attached please find the Hartford Excess Workers' Compensation questionnaire. Please advise your choice of a TPA from the approved list of TPA: I have requested the Hartford to forward to me the qualification for TPA approval. I have also talked to Bernie and informed him I will forward to him the Hartford information as soon as I receive it. I have sent the attachments in both "Word and Word Perfect" both are the same, just different word processors. Thank you for you business, I look forward to working with you. If you have any questions please give me a call or leave an email. A. From: Orosco, Gloria Sent: Wednesday, June 26, 2002 10:50 AM To: Francone, Joan Cc: Giron, Nelly Subject: RE: Workers comp premium for 2002/2003 joan: have you prepared anything for bruce to take to Council or the finance committee. i think since time is of the essence the sooner you get something in writing to him the sooner we can proceed to get legislative approval -----Original Message ----- From: Francone, Joan Sent: Wednesday, June 26, 2002 9:36 AM To: Malkenhorst, Bruce Sr. Subject: Workers comp premium for 2002/2003 I may be able to slash our workers comp premium by over $50,000 but Hartford Ins has a third party administrator list(TPA) that does not include Colen and Lee. The list does include very reputable claims administration firms, however. I have contacted Bernie Colen of Colen and Lee to advise that the City may change TPAs and for him to check out the Hartford Ins. list, how to get on it. According to our agreement with Colen and Lee, there is a 60 day termination clause. As you may recall, the List I showed you from AON Risk Services quoted a premium of $118,000. plus brokers fee which would have totaled about $124,000. 1 contacted an independent broker recommended by the Risk Manager for the City of Palm Springs. Brokers name is Davis and Graeber. The agent's name is Ross Jones. He is the person coming in with the Hartford quote of $70,000. We are down to the wire on this workers comp premium because of sky rocketing costs. The entire ICRMA pool is in a state of shock. Our situation is like the little guy (Davis and Graeber) out maneuvering the big guns (AON RISK SERVICES and MARSH RISK SERVICES). I will have all details on which way to proceed by tomorrow and will need your ok to bind coverage with Hartford. Will keep you advised. f D(; 4 Davis & Graeber Insurance Services, Inc. Lic. #0186657 470 E. Highland, P.O. Box 40, Redlands, CA 92373-0007 • Tel (909) 793-2373 • Fax (909) 798-6983 July 9, 2002 Joan Francone City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 Re: Excess Workers Compensation Policy Effective 07/01 /02 to 07/01 /03 Dear Joan: Enclosed is a Binder of Insurance for your new Excess Workers Compensation Policy. This is a temporary insurance contract and has been issued pending receipt of your policy from the company. Please note that this binder has been issued for a ninety -day period. If your policy is not received by the expiration date shown on this form, an extension will be sent. Robert Reeves will be working with Ross Jones as your Account Coordinator. Should you have any questions, please feel free to call us. Thank you for placing your insurance with Davis and Graeber Insurance Services. We look forward to working with you. Sincerely, A Epi Hammons, CISR,CPSR Commercial Marketing Department slo Enc. Internet: www.davisandgraeber.com � E-Mail: tlgis@davisandgraeber.com �3`f'sr PARTNERS SPECIALTY tkl , INSURANCE SERVI CES, LLC. 6/27/02 BINDER # 13073 Page 1 of 2 In accordance with your instructions, we have effected insurance as follows: Insured: City of Vernon Producer: Davis & Graeber Insurance Services 4305 Santa Fe Ave 470 E. Highland Ave. Vernon, CA 90058 Redlands, CA 92373 Binder Period: 07/01/02 to 10/01/02 12:01 Standard Time at above location(s) Policy Period: 07/01/02 to 07/01/03 12:01 Standard Time at above location(s) Insurer Hartford Casualty Insurance Company Admitted Policy # 72XSWQX0931 Coverage Excess Workers Compensation Limits Coverage A: $50,000,000 Coverage B: $1,000,000/$1,000,000 Deductibles SIR including claim expense: $500,000 Rate: .3460 based payroll of $20,220,388 Premium $ 69,963.00 25 % Minimum Earned Premium in the event of cancellation. Broker Fee 500.00 Total $ 70,463.00 Conditions Coverages included in quote: Required State Amendatory Endorsements SIR combining loss and claim expense SIR combining Part I and Part II for loss Other States Coverage Voluntary Compensation Foreign Voluntary Compensation Delete Commutation Clause Subject to: 1) Hartford's Per Location Questionnaire must be completed within 30 days of effective date. 2) Detailed loss reports will be sent to the company on a quarterly basis. Company will need to be added to the TPA's distribution list so that the loss reports are sent automatically. 3) Receipt of a fully executed contract between insured and TPA within 45 days of effective date. 4) Depending on the TPA chosen, a claim audit may be required. The insured's current TPA does not qualify for Hartford's program. The insured must contract with one of the following Hartford approved TPA's and we must receive written confirmation of the TPA insured has chosen within five days of binding: Large National TPA's: Cambridge Integrated/Martin Boyer, Crawford and Company, Frank Gates, GAB, Gallagher Bassett, Sedgwick & Company, Gates McDonald. 2450 Colorado Avenue, Suite 200 Santa Monica, CA 90404 Phone: (310) 586-4700 Fax: (310) 586-4750 License # OD40510 PARTNERS SPECIALTY 6/27/02 CONDITIONS cont.. INSURANCE S.ERVICES,LLC, BINDER # 13073 Page 2 of 2 Company Owned TPA's: Specialty Risk Services -Hartford, Constitution State Services Company -Travelers, Helmsman -Liberty, RSKCo-CNA, ESIS-Kemper, PMA, Wausau, Chubb. Date of issuance: June 27, 2002 PARTNERS SPE TY INSUR SIf fIVIC LC Signature: / V /t.( -IV A(_W W111.J _ Marc Roder Forms applicable are subject in all respects to the terms, conditions and limitations of the policy(ies) or certificate(s) in current use by the company, unless otherwise specified. CONDITIONS: The policy premium stated on the front page of this binder is due and payable to Partners Specialty Insurance Services, LLC within (20) days of the effective date of the binder. Failure of the insured to make timely payment of premium shall be considered a request by the insured for the company to cancel. In the event of such cancellation by the company for non-payment of premium, the minimum premium shall be immediately due and payable. Non-payment cancellation shall be rescinded at the discretion of the company if the insured remits the full premium due within (10) days of receiving the cancellation notice upon company verification that the subject of this insurance is in proper insurable condition. This binder is based upon written correspondence and/or telephone advices from the insurer(s) stated on this binder and is issued by Partners Specialty Insurance Services, LLC without liability whatsoever as an insurer. This binder will be terminated and superseded upon delivery of formal policy(ies) or certificates issued to replace it. CANCELLATION: This binder -may be cancelled by the insured by surrender thereof to Partners Specialty Insurance Services, LLC or any of its authorized agents, or by mailing to Partners Specialty Insurance Services, LLC written notice stating when thereafter the cancellation shall be effective. The insurance under this binder cannot be cancelled flat; eamed premium must be paid for the time insurance has been in force. This binder may be cancelled by the insurer(s) or by Partners Specialty Insurance Services, LLC on behalf of the insurer(s) byi mailing to the insured at the address stated on this binder, written notice stating when, not less than FIVE (5) days thereafter, such cancellation shall be effective. The mailing of notice as aforesaid shall, be sufficient proof of notice. Delivery of such written notice either by the insured, the insurer(s), or by Partners Specialty Insurance Services, LLC shall be equivalent to mailing. In the event of cancellation by the insured, the earned premium will be computed short rate, the minimum premium shall be due and payable by the insured regardless of any conditions of the binder to the contrary, and if cancelled by the insurer, the earned premium will be computed pro rata. THIS BINDER MAY NOT CONFORM TO THE TERMS AND CONDITIONS REQUESTED. 2450 Colorado Avenue, Suite 200 Santa Monica, CA 90404 Phone: (310) 586-4700 Fax: (310) 586-4750 License # OD40510 CITY ADMINISTRATOR/CITY CLERK'S INTER -OFFICE MEMORANDUM DATE: July 30, 2002 TO: Cindy Calzada, Secretary FROM: Nelly Giron Assistant to the Chief Deputy City Clerk RE: Resolution Nos. 8024, 8025, and 8032 Per your request, transmitted herewith are copies of the above referenced, approved on July 24, 2002. :gm From: Orosco, Gloria Sent: Wednesday, June 26, 2002 1:34 PM To: Francone, Joan Subject: RE: Workers comp premium for 2002/2003 i guess what I'm trying to avoid is any "ratification" of agreements because of our f ailure to advise the council of any changes. what i need to know is, if in fact you make a change in administrators/contractors for any reason including a cost savings we need to be advising the council. I'm working hard at this point w/trying to make Nelly aware of processes that need to be followed in order to keep us out of the "line of fire" and avoid any unnecessary "red tape" due to our failure to advise the the council or finance committee ahead of time. please call me if you need additional input. thanks -----Original Message ----- From: Francone, Joan Sent: Wednesday, June 26, 2002 11:46 AM To: Orosco, Gloria Subject: RE: Workers comp premium for 2002/2003 Skip it. Don't have anything, yet. Sent: Wednesday, June 26, 2002 11:35 AM To: Francone, Joan Cc: Giron, Nelly Subject: RE: Workers comp premium for 2002/2003 YES BUT IF THERE is any contract going to be required and if so then we must submit it to the appropriate legislative body for approval. if not then we can skip this part. -----Original Message ----- From: Francone, Joan Sent: Wednesday, June 26, 2002 11:03 AM To: Orosco, Gloria Subject: RE: Workers comp premium for 2002/2003 I believe everything was included in the RM budget unless there is something I am unaware of. inal Sent: Wednesday, June 26, 2002 10:50 AM To: Francone, Joan Cc: Giron, Nelly Subject: RE: Workers comp premium for 2002/2003 joan: have you prepared anything for bruce to take to Council or the finance committee. i think since time is of the essence the sooner you get something in writing to him the sooner we can proceed to get legislative approval. -----Original Message ----- From: Francone, Joan Sent: Wednesday, June 26, 2002 9:36 AM To: Malkenhorst, Bruce Sr. Subject: Workers comp premium for 2002/2003 1 may be able to slash our workers comp premium by over $50,000 but Hartford Ins has a third party administrator list(TPA) that does not include Colen and Lee. The list does include very reputable claims administration firms, however. I have contacted Bernie Colen of Colen and Lee to advise that the City may change TPAs and for him to check out the Hartford Ins. list, how to get on it. According to our agreement with Colen and Lee, there is a 60 day termination clause. As you may recall, the list I showed you from AON Risk Services quoted a premium of $118,000. plus brokers fee which would have totaled about $124,000. 1 contacted an independent broker recommended by the Risk Manager for the City of Palm Springs. Brokers name is Davis and Graeber. The agent's name is Ross Jones. He is the person coming in with the Hartford quote of $70,000. We are down to the wire on this workers comp premium because of sky rocketing costs. The entire ICRMA pool is in a state of shock. Our situation is like the little guy (Davis and Graeber) out maneuvering the big guns (AON RISK SERVICES and MARSH RISK SERVICES). I will have all details on which way to proceed by tomorrow and will need your ok to bind coverage with Hartford. Will keep you advised.