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Item Q7County Monroe BOARD OF COUNTY COMMISSIONERS of Mayor George Neugent, District 2 The Florida Keys _ } Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Summary #3006 ADD ON DAY OF MEETING: WILL BE ITEM Q -7 BULK ITEM: Yes DEPARTMENT: Risk Management TIME APPROXIMATE: STAFF CONTACT: Maria Slavik (305) 295 -3178 N/A AGENDA ITEM WORDING: Approval to rescind BOCC's approval of Marsh USA's proposal for purchase of Pollution Liability Insurance from Allied World Assurance Company (AWAC), and approval to accept Marsh's proposal for purchase of equivalent insurance from Ironshore Specialty Insurance Company ( Ironshore). ITEM BACKGROUND: The County's Pollution Liability insurance with Ironshore expired on May 1, 2017. The policy limits were $5,000,000 with a $50,000 deductible per incident. Staff issued an RFP for competitive proposals for new Pollution Liability insurance to be effective commencing May 1, 2017. Two proposals were submitted; one from both AWAC and Ironshore. AWAC proposed a 3 year premium of $71,492. Ironshore proposed a 3 year premium of $76,964. An Evaluation Committee reviewed the proposals and found that the terms and conditions of both proposals were the same. With concurrence from the County's risk consultant, the Committee recommended to the BOCC that it purchase the AWAC policy with Marsh USA continuing as agent. The BOCC approved this recommendation (Agenda Item #M -8, BOCC meeting on April 12, 2017). When the AWAC policy binder was received it was discovered that AWAC increased deductibles on fuel tanks older than 20 years from $50,000 to $100,000 and increased a particular tank deductible to $250,000. Marsh asked AWAC to reinstate the deductibles to $50,000 to be consistent with the expiring policy and as approved by the BOCC. AWAC agreed to lower one deductible from $250,000 to $100,000, but refused to lower any other deductibles. Due to the discrepancies, AWAC has agreed to void its policy. Meanwhile, Ironshore agreed to retain its $50,000 deductible for all incidents, to lower its premium from $76,964 to $71,492, and to make the effective date of their policy May 1, 2017. So the County avoids any lapse in coverage. PREVIOUS RELEVANT BOCC ACTION: On 4/12/2017, the BOCC approved the Pollution Liability proposal with AWAC. CONTRACT /AGREEMENT CHANGES: Marsh presented a proposal from Ironshore Specialty Insurance company. The proposal included terms and conditions as to those of the expiring policy that included terms and conditions that included limits of $5 million and a per occurence deductible of $50,000. Marsh/Ironshore proposed a 3 year policy for a total premium of $71,492. This repsresents a decrease of $5,472. STAFF RECOMMENDATION: Approval to rescind agenda item M -8 (AWAC's Pollution Liability Insurance) approved at the BOCC April 12, 2017 meeting, and approval to purchase Pollution Liability Insurance from Ironshore through Marsh for a total premium of $71,492 for a 3 year policy period of 5/1/17 - 5/1/20 and for staff to sign all necessary forms. DOCUMENTATION: Interisk Corporation Recommendation Letter dated 5/15/17 M8 AGENDA BACKUP Pollution Liability BOCC 4 12 17 FINANCIAL IMPACT: Effective Date: 5/1/17 Expiration Date: 5/1/20 Total Dollar Value of Contract: $71,492.00 Total Cost to County: $71,492.00 Current Year Portion: $76,436.00 Budgeted: Yes Source of Funds: Internal Service Fund Primarily Ad Valorem CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No Grant: N/A County Match: N/A Insurance Required:N /A Additional Details: If yes, amount: 06/21/17 503 -08502 - RISK MGMT INSURANCE $71,492.00 REVIEWED BY: Maria Slavik Completed 05/15/2017 1:53 PM Chris Ambrosio Completed 05/15/2017 3:57 PM Bob Shillinger Completed 05/15/2017 4:17 PM Budget and Finance Completed 05/15/2017 4:23 PM Kathy Peters Completed 05/15/2017 4:26 PM Board of County Commissioners Pending 05/17/2017 9:00 AM I NTERISK CORPORATION Consultants Risk Management Employee Benefits 1111 North Westshore Boulevard Suite 208 Tampa, FL 336074711 Phone (813) 287 -1040 Facsimile (813) 287 -1041 May 15, 2017 Ms. Maria Slavik Risk Management Specialist Monroe County 502 Whitehead St. Key West, Florida 33040 Subject: 2017 Pollution Liability RFP Maria: The County's Environmental Liability insurance expired on May 1, 2017. Coverage had been with Ironshore Specialty Insurance Company with limits of $5,000,000 and a per incident deductible of $50,000. Since it had been 3 years since this coverage had been competitively bid, the County issued an RFP for this coverage. An Evaluation Committee was established and the Committee recommended that the coverage be moved from Ironshore to Allied World Assurance Company with Marsh USA continuing to serve as the agent. Based on Marsh's proposal it was believed that the terms and conditions of the policy would be the same as they were with Ironshore. The BQCC supported and approved the Evaluation Committee's recommendation at their April meeting. When the binders (formal confirmation that the coverage had been bound) were received it was learned that AWAC had increased the deductibles on fuel tanks that were older than 20 years from $50,000 to $100,000 and for one tank raised the deductible to $250,000. This issue was brought to Marsh's attention who initiated negotiations with AWAC in an attempt to have them lower their deductibles back to $50,000 so the program would be consistent with the expiring policy and what had been approved by the Board. After considerable negotiations, AWAC agreed to lower the deductible on the tank that was subject to the $250,000 deductible to $100,000 but did not agree to lower the deductibles any further. Parallel to their negotiations with AWAC, Marsh also opened dialogue with Ironshore who also submitted a proposal to the County's RFP. Ironshore had proposed a 3 year premium of $76,964 while AWAC proposed a 3 year premium of $71,492. AWAC's lower premium was one of the major factors that lead the Evaluation Committee to recommend AWAC. Marsh has convinced Ironshore to lower their 3 year premium to $71,492 which now matches AWAC's proposed premium. Ironshore also agreed to retain the $50,000 deductible for all incidents. In addition, Marsh has convinced AWAC to void their policy and convinced Ironshore to pre -date the effective date of their policy to May 1, 2017 so there would be no lapse of coverage. It is recommended that the Board modify their April approval of placing the coverage with AWAC to placing the coverage with Ironshore. This will allow the County to retain the coverage with terms and conditions (to include the deductibles) consistent with the expiring policy for the same price that was approved by the Board. It should be noted that both AWAC and Ironshore enjoy a favorable rating from the AM Best Company, the leading evaluator of insurance company operations. Each member of the Evaluation Committee was advised of this situation and has concurred with this change. As always, please do not hesitate to call if you have any questions. Cordially, INTERISK CORPORATION .'M D4&-� Sidney G. Webber CPCU, ARM M.8 County of Monroe BOARD r couNTV COMMISSIONERS Mayor Ge Neugcnt, District rict 2 2 The Florida Keys Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia !_ Murphy, District 5 County Commission Meeting April 12, 2017 A Item Number: M.8 Agenda Item Summary #2801 BULK ITEM: Yes DEPARTMENT: Risk Management TIME APPROXIMATE: STAFF CONTACT: Maria Slavik N/A AGENDA ITEM WORDING: Approval to accept proposal from Marsh USA and purchase Pollution Liability Insurance through Allied World Assurance Company (AWAC) at a cost of $71,492 for a 3 year policy and authorize staff to sign all necessary forms. ITEM BACKGROUND: This recommended Pollution Liability Insurance Policy issued by AWAC will provide coverage to the County for potential liability associated with an accidental discharge of pollutants from one of its fuel storage tanks and the potential liability associated with a pollution incident at other scheduled County locations. Competitive proposals for Pollution Liability Insurance were sought. Proposals from two (2) agentstbrokers were received, reviewed and ranked by an Evaluation Committee. Various options regarding the terms and conditions of the policies and deductibles were received from each proposer. The AWAC policy has a total premium of $71,492 for a three (3) year period of 5/1/17 - 5/1/20. Tile Evaluation Committee ranked the AWAC policy first. This ranking and recommendation is supported by the County's insurance consultant. PREVIOUS RELEVANT BOCC ACTION: The equivalent insurance policy was last bid in January, 2011, and approved by the BOCC on April 20, 2011. CONTRACT /AGREEMENT CHANGES: Marsh presented a proposal from Allied World Assurance Company (AWAC). Marsh's AWAC proposal included terms and conditions comparable to those of the expiring policy that included limits of $5 million and a per occurence deductible of $50,000. Marsh/AWAC proposed a 3 year policy for a total premium of $71,492. This represents a decrease of $4,944 from the prior premium. STAFF RECOMMENDATION: Approval to purchase Pollution Liability Insurance through AWAC for a total premium of $71,492 for a 3 year policy period of 5/1/17- 5/1/20 and for staff to sign all necessary forms. DOCUMENTATION: Packet Pg. 2003 M.8 Interisk Recommendation Letter re: Pollution Liability Ins. and Evaluation Comm. FINANCIAL IMPACT: Effective Date: 5/1/17 Expiration Date: 5/1/20 Total Dollar Value of Contract: $71,492.00 Total Cost to County: $71,492.00 Current Year Portion: $76,436.00 Budgeted: Yes Source of Funds: Internal Service Fund Primarily Ad Valorem CPI: N/A Indirect Costs: NIA Estimated Ongoing Costs Not Included in above dollar Amounts: N/A Revenue Producing: No Grant: N/A County Match: NIA Insurance Required: N/A Addition Details: If yes, amount: 04/12/17 503 -08502 • RISK MGMT INSURANCE $71,492.00 REVIEWED BY: Maria Slavik Completed 03/24/2017 10:18 AM Chris Ambrosio Completed 03/24/2017 4:31 PM Bob Shillinger Completed 03/26/2017 4:40 PM Budget and Finance Completed 03/27/2017 9:02 AM Kathy Peters Completed 03/27/2017 9:31 AM Board of County Commissioners Pending 04/12/2017 9:00 AM Packet Pg. 2004x; 1082) 'wwoo uol ;snlsn3 pus sul A)111ge1-I uol ;nllod M J u011spu8ww038b >Isha ;ul :;uawyoe�d F a m I NTERISK CORPORATION ti Consultants Risk Management Employee Benefits 1111 North Westshore Boulevard Suite 208 Tampa, FL 33607 -4711 Phone (813) 287 -1040 Facsimile (813) 287 -1041 March 20, 2017 Ms. Maria Slavik Risk Management Specialist Monroe County 502 Whitehead St. Key West, Florida 33040 Subject: 2017 Pollution Liability RFP Maria: The County's Pollution Liability insurance expires on May 1, 2017. Currently, the coverage is provided by Ironshore Specialty Insurance Company with limits of $5 million and a per occurrence deductible of 550,000. Coverage was provided for a 3 year term (511114 — 511117) for a total premium of $75,455. Marsh USA serves as the County's agent for this coverage. In accordance with the County's Purchasing Protocols, an RFP for the County's Pollution Liability coverage was posted on Demandslar on January 24, 2017. An addendum was later posted on Demandstar on February 14, 2017 that responded to all questions submitted by interested proposers. Scaled proposals were received through March 14, 2017 when they were pub] ically opened. Two agents submitted proposals. One was submitted by the Seaboard Agency that is located in Key West and 2 separate proposals were submitted by Marsh USA that is located in Sunrise Florida. An Evaluation Committee was established that included the following County employees: Ms. Maria Slavik Ms. Monique Lewinski Ms. Judith Clark I was asked to serve as the technical advisor to the Evaluation Committee. As such I personally reviewed each proposal submitted. The Seaboard Agency proposed coverage from the Liberty Surplus Insurance Corporation. Liberty enjoys a favorable rating from the A.M. Best Company, the leading evaluator of insurance company operations. Seaboard proposed terms and conditions comparable to those of the expiring policy that included limits of 55 million and a per occurrence deductible of $50,000. Seaboard proposed a 3 year policy for a total premium of 565.000. Marsh proposed one of their options from Ironshore Specialty Insurance Company (the incumbent insurer). Ironshore enjoys a favorable rating from the A.M. Best Company. Marsh's Ironshore proposal included terms and conditions comparable to those of the expiring policy that included limits of S5 million and a per l,0SZ) 'wwo0 uoijenleA3 pue •sul klllgel-1 uolllnpod :aj jape uotlepuetuwoDaa 4spoliul :Ju8ut43elay 1° ° o N a occurrence deductible of $50,000. Marsh/lronshore proposed a 3 year policy for a total premium of $76,964. a Marsh also submitted a proposal from Allied World Assurance Company (AWAQ. AWAC enjoys a favorable rating from the A.M. Best Company. Marsh's AWAC proposal included terms and conditions comparable to those of the expiring policy that included limits of $5 million and a per occurrence deductible of $50,000. Marsh/AWAC proposed a 3 year policy for a total premium of $71,492. The Evaluation Committee met on March 20, 2017 to discuss the proposals received. The Committee unanimously is recommending the Marsh/AWAC proposal. The Committee collectively had concerns with Seaboard's experience with Pollution Liability coverages and their experience with governmental entities. This was demonstrated by the fact that Seaboard had to rely on a "Co- Broker' to assist them in developing their proposal and this organization would remain as a "Co- Broker" for the term of the policy. I concur with the Evaluation Committee's recommendation to place the County's Pollution Liability coverage for the 511117 to 511/20 policy term with Allied World Assurance Company as being submitted by Marsh USA. As always, please do not hesitate to call if you have any questions. Cordially, INTERISK CORPORATION "JA DW,� Sidney G. Webber CPCU, ARM