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Item O07 0.7 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting April 17, 2019 Agenda Item Number: 0.7 Agenda Item Summary #5452 BULK ITEM: Yes DEPARTMENT: Risk Management TIME APPROXIMATE: STAFF CONTACT: Maria Slavik(305) 295-3178 N/A AGENDA ITEM WORDING: Approval of the purchase of General and Professional Liability Insurance policy with American Alternative Insurance Corporation for Bayshore Manor, and for the Risk Administrator to sign all necessary forms. ITEM BACKGROUND: The recommended American Alternative Insurance Corporation insurance policy provides General and Professional Liability and Wrongful Acts/Vicarious Liability coverage as required for the County to maintain a State of Florida Assisted Living Facility License and also covers claims alleging sexual and/or physical abuse at Bayshore Manor.. A very limited number of insurers offer this unique coverage, terms and conditions. This is a policy which due to the terms and conditions required by the County are exclusive in the market and thus not benefitted by the competitive bidding procedures. The current policy annual premium with no fees with Lloyds of London/Greenhill Ins. Co. is $13,924.00. The recommended new quote and policy with American Alternative Insurance Corporation has no fees and an annual premium of$8,092.00 with $2,500 deductible/SIR. Due to the unique terms, conditions and specific coverage required by the County in this circumstance the purchase of this exclusive insurance is exempt from competitive bidding procedures pursuant to MCC Sec. 2-347(e)(5)(g) and County Purchasing Policy Chapter 10. The County's consultant's letter recommending the American Alternative Insurance Corporation policy is attached. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved renewal of the prior equivalent Colony Insurance Co.., insurance policy on 4/16/14, 4/15/15, 4/10/16 and 4/12/17. The BOCC approved Lloyds of London/Greenhill insurance policy on 4/19/18. CONTRACT/AGREEMENT CHANGES: Provides an annual policy for coverage period effective 4/30/19 to 4/30 2020. Premium of $8,092.00 and no fees represents a decrease of$5,832 (42%) from the prior renewal of this policy. STAFF RECOMMENDATION: Approval to purchase from American Alternative Insurance Corporation policy for Bayshore Manor and for the Risk Administrator to sign all necessary forms. Packet Pg. 2539 0.7 DOCUMENTATION: Interisk Recommendation Letter Bayshore Manor Insurance FINANCIAL IMPACT: Effective Date: 4/30/19 Expiration Date: 4/30/20 Total Dollar Value of Contract: $8,092.00 Total Cost to County: $8,092.00 Current Year Portion: $13,924.00 Budgeted: Yes Source of Funds: Internal Service Fund/Primarily Ad Volorem CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: $8,092/year, with $2500 per claim deductible. REVIEWED BY: Cynthia Hall Completed 04/02/2019 4:55 PM Bob Shillinger Completed 04/02/2019 5:05 PM Budget and Finance Completed 04/02/2019 5:06 PM Kathy Peters Completed 04/02/2019 5:07 PM Board of County Commissioners Pending 04/17/2019 9:00 AM Packet Pg. 2540 0.7.a INTERISK CORPORATION Consultants 1111 North Westshore Boulevard Suite 208 Risk Management Tampa, FL 33607-4711 Employee Benefits Phone(813)287-1040 Facsimile (813) 287-1041 0 April 1,2019 Ms.Maria Slavik,C'M Risk Administrator Monroe County 1111 I Th Street Suite 408 Key West,Flonda 33040 U) Subject: Renewal of Bayshore Manor's General Liability and Professional Liability Insurance Dear Maria: Bayshore Manor's General and Professional Liability insurance policy expires on April 30,2019. Arthur J. Gallagher serves as the County's insurance agent for this coverage. Currently,Lloyds of London/Greenhill is providing the coverage with a Per Occurrence limits of$1 million and a$3 million Annual Aggregate. Lloyds of London/Greenhill enjoys a favorable rating from the A.M. Best Company,the leading evaluator of insurance company operations. Coverage is provided on a"Claims Made"basis with a Retroactive Date of April 16,2004 for the General Liability coverage and a Retroactive Date of April 30,2003 for the Professional Liability coverage. Claims Made policies provide coverage for claims that occur after the Retroactive Date and are first reported to the insurer during the policy period. This compares to policies written on an"Occurrence"basis that provides coverage for claims that occur during the policy period and do not contain a Retroactive Date. The annual premium of the expiring policy is$13,924.00. Gallagher submitted proposals from the following insurers: M a ➢ Lloyds of London/Greenhill ➢ James River Insurance Company ➢ American Alternative Insurance Corporation All of the insurers Gallagher approached enjoy a favorable rating from the A.M.Best Company. While the terms and conditions of the proposals submitted by Gallagher varied slightly,none of the differences were viewed as being material and offered coverages comparable to the expiring program. The following table displays a summary of the proposals received from Gallagher. Packet Pg. 2541 0.7.a Lloyds of James River Insurance American Alternative London/Greenhill Com an Insurance Co oration $I million each claim $1 million each claim $I million each claim Proposed Limits and$3 million annual and$3 million annual and$3 million annual ate a to i z re ate Pro osed Deductible None $2,500 $2,500 Proposed Premium (Including taxes and $17,58313 $14,601.54 $8,092 fees 0 It is believed that American Alternative`s proposal is superior to those being offered by Lloyds of London/Greenhill and James River despite the fact that each claim would be subject to a$2,500 deductible/SIR compared to the County's current coverage that is not subject to a deductible/SIR. Over the years the County has had several incidents at Bayshore but none of them resulted in a claim. It is believed that the lower premium being offered by American Alternative justifies the increased exposure associated with the deductible/SIR. It is recommended that the County accepts the proposal from American Alternative Insurance Corporation for their Professional/General Liability coverage for Bayshore Manor as being proposed by Arthur J. Gallagher for the policy term of April 30,2019 to April 30,2020. This will result in a premium savings of $5,832(42%)when compared to the premium the County paid for their 2018/19 policy. 0 If the above recommendation is accepted, it is critical that it be verified with Bayshore Manor that there have been no incidents that have occurred that could possibly result in a claim. Since both the current and the recommended new coverages are provided on a"claims made"basis,it is critical that all incidents that could result in a claim being reported to Lloyds of London/Greenhill before the current policy expires to protect the County's rights under the policy. Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially, INTERISK CORPORATION E 0 Sidney G.Webber CPCU,ARM Packet Pg. 2542