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Resolution No. 2010-129RESOLUTION NO. 2010-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE PURCHASE OF A ONE-YEAR ENVIRONMENTAL SITE LIABILITY INSURANCE POLICY FOR PRE-EXISTING CONDITIONS AND NEWLY DISCOVERED CONDITIONS OF SPECIFICALLY LISTED PROPERTIES FROM CHUBB CUSTOM INSURANCE COMPANY THROUGH ARTHUR J. GALLAGHER & CO. WHEREAS, the City of Vernon's (the "City") current Environmental Site Liability insurance ("ESL Policy") for pre-existing conditions and newly discovered conditions of specifically listed properties expires on September.29, 2010; and WHEREAS, the City desires to renew the ESL Policy in order to protect the City in the event that a claim alleging damage due to a pollution condition arises at a listed site; and WHEREAS, the City used the services of Arthur J.-Gallagher & Co. Insurance Broker of California, Inc. ("Arthur J. Gallagher") to act as the City's broker to structure and obtain the appropriate insurance coverage; and WHEREAS, by memo dated September 8, 2010, the Risk Manager advised that Navigators Insurance Company and Great American Insurance Company did not submit quotes, but indicated that premiums would range from $18,500.00 to $22,000.00; and WHEREAS, incumbent, Chubb Custom Insurance Company ("Chubb"), quoted an insurance premium in the amount of $16,394.00, exclusive of surplus lines taxes and fees; and WHEREAS, the Risk Manager recommends that the City renew the policy with Chubb because it is the lowest quote received, represents a 1.8% reduction in premium cost,, and Chubb is a highly rated insurance company according to standard insurance solvency rating indices; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (b)(1) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to approve the purchase of the ESL Policy for pre-existing conditions and for newly discovered conditions of specifically listed properties with Chubb for the period of September 29, 2010 through September 29, 2011, through Arthur J. Gallagher. 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 the purchase of the ESL Policy for pre-existing conditions and for newly discovered conditions -of specifi.cally listed properties with Chubb through Arthur J. Gallagher for an additional year. SECTION 3: The City Council of the City of Vernon hereby authorizes the Interim City Administrator, or his designee, to execute any and all documents necessary for the purpose of securing the ESL Policy on behalf of the City of Vernon and to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purpose of this Resolution and the transactions herein approved or authorized. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the purchase of the ESL Policy for coverages against pollution incidents at various specified locations from Chubb -2- and the payment of the annual premium payment of $16,394.00, plus applicable surplus lines taxes and fees. SECTION 5: The City Council of the City of Vernon herby directs the City Clerk, or his designee, to send a copy of this Resolution to Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Attn. Nasreen Kopecky, Account Manager 15 Enterprise, Suite 200 Aliso Viejo, CA 92656 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 the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 20th day of September, 2010. Name: Hilario Gonzales ATT�AT : Willard -G. 1faY�g4hi, /CJity Clerk Title: Mayor -3- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-129, 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 September 20, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this �'( day of September 2010, at Vernon, California. 4wi11ar 41VuchZDa', City Clerk (SEAL) OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 21, 2010 Arthur J. Gallagher & Co: Insurance Brokers of California, Inc. ATTN: Nasreen Kopecky, Account Manager 15 Enterprise, Suite 200 Aliso Viejo, CA 92656 Re: One -Year Environmental Site Liability Insurance Policy for Pre -Existing Conditions and Newly Discovered Conditions of Specifically Listed Properties from, Chubb Custom Insurance Company Dear Ms. Kopecky: Transmitted herewith is a copy of Resolution No. 2010-129 that was approved by City Council on September 20, 2010. If you have any questions regarding this matter, please call Mr. Willard Yamaguchi at (323) 583- 8811 ext. 175. Very t ly yours, WILLARD G. YAMA I City Clerk WGY:dj Enclosure c: Ana Barcia Resolution No. 2010-129 Exclusively Industrial RECEIVED S F P 1 4 2010 STAFF REPORT CITY CLERK'S OFFICE Risk Management DATE: September 14, 2010 TO: Honorable Mayor and City Council FROM: Willard G. Yamaguchi, Risk Manager RE: Policy Renewal for 2010-11 The City has an Environmental Site Liability policy for specified industrial properties in the event that a pollution incident arises at a site. Chubb Custom Insurance Company is the underwriter. For 2009-10, the cost of the premium for pollution insurance is $16,688.38. The current policy will expire on September 29, 2010. For 2010-11, Risk Management obtained a quote from Chubb Custom Insurance Company ("Chubb") at $16,394. This represents a 1.8% reduction in premium cost. To date, other carriers such as Navigators Insurance Company and Great American Insurance Company have indicated premiums ranging from $18,500 to $22,000, pending review of environmental reports. Please note that all bids are exclusive of surplus lines taxes and fees. Fiscal Impact Sufficient funds have been budgeted for this expense. Recommendation Risk Management recommends that the City accept the quote from Chubb in the amount of $16,394 for Environmental Site Liability policy for pollution conditions, exclusive of surplus lines taxes and fees, and that a Resolution for said insurance coverage be placed on the September 20, 2010, agenda. WGY/ab cc: Mark Whitworth