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Resolution No. 100701 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 RESOLUTION NO. 10,070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE PURCHASE OF A NEW ONE-YEAR POLLUTION LEGAL LIABILITY INSURANCE POLICY WITH CHUBB CUSTOM INSURANCE COMPANY FOR PRE- EXISTING CONDITIONS OF ACQUIRED PROPERTIES AND A TWO -WEEK EXTENSION OF THE EXISTING POLICY WITH AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY WHEREAS, the City of Vernon has evaluated its liability insurance policies in light of the acquisition of properties by the City; and WHEREAS, the City's current Pollution Legal Liability Insurance Policy with American International Specialty Lines Insurance Company ("American") for insurance for pre-existing conditions of acquired properties for a premium of $12,540.00 expires on September 15, 2009; and WHEREAS, the City desires to renew the policy of insurance to protect the City; and WHEREAS, the City employed the services of Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. ("Arthur J. Gallagher") to act as the City's broker to structure and obtain the appropriate insurance coverage for the period September 15, 2009 through September 15 2010; and WHEREAS, Arthur J. Gallagher recommended that the City enter into, an arrangement with Chubb Custom Insurance Company ("Chubb") for the provision of insurance for an annual premium amount of $10,890.00 because it was the lowest quote received and because Chubb had the highest A.M. Best rating of the insurance companies that provided quotes; and 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, subsequent to its bid, Chubb identified an additional site after performing its site review, thereby increasing the annual premium amount to $11,353.00, exclusive of surplus lines taxes and fees; and WHEREAS, due to the volume of documents involved, Chubb's site review resulted in a delay beyond the September 15, 2009, American policy expiration date, requiring a two -week extension to the current policy with American at a cost of $481.00; and WHEREAS, by memo dated September 14, 2009, the Risk Manager recommended that the City accept the bid of Chubb; 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 extend and renew the pollution legal liability insurance for pre-existing conditions of acquired properties with American for a two -week period, and to enter into a pollution legal liability insurance for pre-existing conditions of acquired properties with Chubb for 2009-2010, in order to facilitate the efficient operation of the City. 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 and correct. SECTION 2: The City Council of the City of Vernon hereby approves and authorizes the purchase of a pollution liability policy for pre-existing conditions from Chubb and the payment of the annual premium payment to Chubb of $11,353.00, plus applicable surplus lines - 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 taxes and fees. .SECTION 3: The City Council of the City of Vernon hereby approves and authorizes the two -week policy extension of the current policy with American and the payment of $481.00, plus applicable surplus lines taxes and fees, for the two -week extension. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a copy of this Resolution to: Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Attn. Chris Falbo, Area Vice President 505 N. Brand Blvd., Suite 600 Glendale, CA 91203-3944 - 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 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City. APPROVED AND ADOPTED this 28th day of September, 2009. r Hilario Gonzales Name: Title: Mayor / 44 l^N Drn-TPr� ATTEST: M NUELA GIRON, ity Clerk - 4 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, MANUELA GIRON, City Clerkofthe City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 10,070, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, .September 28, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this Cday of September, 2009, at Vernon, California. MANUELA GIRON City Clerk (SEAL) - 5 -J►; — . OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 30, 2009 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. ATTN: Chris Falbo, Area Vice President 505 N. Brand Blvd., Suite 600 Glendale, CA 91203-3944 Re: Pollution Legal Liability Insurance Policy with Chubb Custom Insurance Company Transmitted herewith is a copy of Resolution No. 10,070 that was approved by City Council on September 28, 2009. If you have any questions regarding this matter, please call Mr. Willard Yamaguchi at (323) 583- 8811 ext. 175. Very truly yours, Ako" y GirX 6t4� City Clerk NG:dj c: Willard Yamaguchi Karina Rueda Resolution No. 10,070 Exclusively Industrial �EP 2� 1 2009 STAFF REPORT CITY CLERK'S OFFICESTAFF Management DATE: September 14, 2009 TO: Honorable Mayor and City Council FROM: Willard G. Yamaguchi, Risk Manager W 1 RE: Pollution Liability Renewal for Pre-existing Conditions September 28, 2009 Agenda ao APPROVED 'EP 218 `09 C[TY CORM The City has a pollution liability policy for newly acquired properties owned by the City in the event that a condition arises at a site. The current underwriter is American International Specialty Lines. The cost of the premium was $12,540. For 2009-10, Risk Management obtained quotes from AISL ($12,540), Chubb ("Chubb") Custom Insurance Company ($10,890), Great American Insurance Company ($12,164), and Ace Environmental Risk ($14,123). Chubb provided the most competitive bid at $10,890 and has the additional advantage of having the highest A.M. Best rating of the four companies quoting. After we informed our broker on August 1 Oth that we accepted Chubb, Chubb then requested to copy and review environmental reports pertaining to two properties, held by our Health Department, prior to renewal. Due to the tremendous volume of documents involved, it was not practical for Chubb to copy said documents and instead chose to review said documents on site. On. September 10, 2009, Chubb identified an additional site that needed to be included on the pollution schedule and reviewed the corresponding documents on September 14, 2009. The additional site resulted in an increase in the original quote. The new quote is $11,353. Chubb's delay required a 2-week extension to the current policy at a cost of $481, which is based on a per diem basis. Recommendation Risk Management recommends that the City accept the bid from Chubb Custom Insurance Company in the amount of $11,353 for pollution liability policy for pre-existing conditions and the extension of the current policy in the amount of $481, for a total of $11,834, exclusive of surplus lines taxes and fees. $13,000 has been budgeted for this expense. WGY/ab cc: Donal O'Callaghan Rory Burnett C FUVED S E P 1 5 2000 BY: �' �o :'s W% L RECEIVED SEP 2 1 2009 CITY CLERK'S OFFICE Inter Office Memorandum Risk Management Date: September 15, 2009 To: Donal O'Callaghan, City Administrator From: Willard G. Yamaguchi, Risk Manager wv6 Subject: Pollution Liability Renewal for Pre-existing Conditions September 28, 2009 Agenda For 2009-10, Risk Management obtained the following quotes pollution liability insurance for pre-existing conditions: American International Specialty Lines ("AISU) $12,540 Chubb Custom Insurance Company ("Chubb") $10,890 Great American Insurance Company $12,164 Ace Environmental Risk $14,123 Chubb was selected based upon their pricing and for the fact that they had the highest.A.M. Best rating of the four companies quoting. After we informed our broker on August l oth that we accepted Chubb, Chubb then requested to copy and review environmental reports pertaining to two properties, held by our Health Department, prior to renewal. Due to the tremendous volume of documents involved, it was not practical for Chubb to copy said documents and instead chose to review said documents on site. On September 10, 2009, Chubb identified an additional site that needed to be included on the pollution schedule and reviewed the corresponding documents on September 14, 2009. The additional site resulted in an increase in the original quote. The new quote is $11,353. Chubb's delay required a 2-week extension to the current policy at a cost of $481, which is based on a per diem basis. Recommendation Risk Management recommends that the City accept the bid from Chubb Custom Insurance Company in the amount of $11,353 for pollution liability policy for pre-existing conditions and the extension of the current policy in the amount of $481, fora total of $11,834, exclusive of surplus lines taxes and fees. $13,000 has been budgeted for this expense. WGY/ab C F. P 15 2009