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Resolution No. 2011-160RESOLUTION NO. 2011-160 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 EVANSTON 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, 2011; 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 th-e City's broker to structure and obtain the appropriate insurance coverage; and WHEREAS, by memo dated September 14, 2011, the Risk Manager advised that insurance premium quotes were received from Chubb Custom Insurance Company in the amount of $17,594.00; Evanston Insurance Company in the amount of $13,492; and Crum & Foster in the amount of $15,950.00; and WHEREAS, Evanston Insurance Company ("Evanston"), provided the lowest quote in the amount of $13,492.00, exclusive of surplus lines taxes and fees and the Automatic Acquisition clause that allowed newly acquired property to be automatically added to the policy; and WHEREAS, the Risk Manager recommends that the City renew the policy with Evanston in the amount of Thirteen Thousand Four Hundred and Ninety -Two Dollars ($13,492.00); 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 Evanston for the period of September 29, 2011 through September 29, 2012, 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 specifically listed properties with Evanston through Arthur J. Gallagher for an additional year. SECTION 3: The City Council of the City of Vernon hereby directs the 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 - 2 - against pollution incidents at various specified locations from Evanston and the payment of the annual premium payment of $13,492.00, plus applicable surplus lines taxes and fees. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's 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 th-e City Clerk's certification to be entered in the File of Resolutions of the Council of this City. ATT ST: Will rd G. APPROVED AND ADOPTED this 20th day of September, 2011. Name: Hilario Gonzales chW,JCity Clerk Title: Mayor / Mayor P� - 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. 2011-160, 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 Tuesday, September 20, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this � day of September, 2011, at Vernon, California. (SEAL) - 4 - OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September.21 2011 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. ATTN: Nasreen Kopecky, Account Manager 15 Enterprise, Suite 200 Aliso Viejo, CA 92656 Re: Environmental Site Liability Insurance Policy from Evanston Insurance Company Dear Ms. Kopecky: Transmitted herewith is a copy of Resolution No. 2011-160 that was approved by City Council on September 20, 2011. If you have any questions regarding this matter, please call Mr. Willard Yamaguchi at (323) 583- 8811 ext. 175. Very ly your WI LARD G. City Clerk WGY:dj Enclosure -c: Ana Barcia Resolution No. 2011-160 Exclusivefy Industriaf SEP 14 ZOU CITY CLERK'S OFFICE of Yp `tom oN RECEIVE® SEP 14 2011 Gs• ELY iN�J. - - CITY ADMINISTRATION STAFF REPORT Risk Management DATE: September 14, 2011 TO: Honorable Mayor and City Council FROM: Willard G. Yamaguchi, Risk Manager RE: Policy Renewal for 2011-12 The City has an Environmental Site Liability policy for city owned industrial properties in the event that a pollution incident arises at a site. Chubb Custom Insurance Company is the current underwriter. For 2010-11, the cost of the premium for pollution insurance is $16,394. The current policy will expire on September 29, 2011. For 2011-12, Risk Management obtained a quote from Chubb Custom Insurance Company ("Chubb") at $17,594. The increase in premium represents the addition of the recently acquired Angelus site at 490.0 Pacific Boulevard. Evanston Insurance Company ("Evanston") submitted a quote of $13,492 with comparable coverages, and the additional clause of Automatic Acquisition, which will cover newly acquired property, such as the Angelus site. Crum & Forster have indicated a premium cost of $15,950 for the policy, pending review of environmental reports. Fiscal Impact Sufficient funds have been budgeted for this expense. Recommendation Risk Management recommends that the City accept the quote from Evanston in the amount of $13,492 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, 2011, agenda. Evanston's submitted the lowest quote with the greatest amount of coverage. WGY/ab cc: Mark Whitworth