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Item C15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Sept 17,2008 Division: Employee Services Bulk Item: Yes l No - Department: Risk Management Staff Contact PersonlPhone #: Maria Slavik X3178 AGENDA ITEM WORDING: Approval to accept proposal with The Florida Municipal Insurance Trust Agreement to provide General Liability, Vehicle Liability and Public Officials/Employee Practices Liability. ITEM BACKGROUND: The policy provides insurance coverage for sums which the County may become legally obligated to pay as a result of bodily injury, property damage, or personal injury arising out of its operations. The policy also provides for a reimbursement percentage of legal fees incurred in the defense of criminal, civil or ethics proceedings. The policy was rebid earlier this year. Proposals from three (3) agentslbrokers were received and reviewed. PREVIOUS RELEVANT BOCC ACTION: 2007 was the third and final renewal of the policy at the premium of $355,256. CONTRACT/AGREEl\1ENT CHANGES: This renewal represents a decrease of 41 % ($150,876) over last year's premium with the same coverage. STAFF RECOMl\1ENDATIONS: Approval to accept proposal from Florida League of Cities at a cost of $213,380 to be paid in four (4) quarterly installments. TOT AL COST: $213,380 yr BUDGETED: Yes ~ No - COST TO COUNTY: $213,380 yr SOURCE OF FUNDS: Ad Valorum REVENUE PRODUCING: Yes No X ~~OUNT PER MONTH Year APPROVED BY: County Atty 0/ ~ chasing _ Risk Management ~ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract #>. Contract with:FMIT #386 Effective Date: 10/1/2008 Expiration Date:9/30/2009 Contract Purpose/Description:General Liability. Vehicle Liability and Public Official/Employee Practice Liability Insurance Renewal. Contract Manager:Maria Slavik 3178 Risk Management (N ame) (Ex t. ) (Department) for BOCC meeting on Sentember 17 2008 Agenda Deadline: Sentember 2 2008 CONTRACT COSTS Total Dollar Value of Contract: $213.380 Current Year Portion: $Q Budgeted? Yes[2J NoD Account Codes: 503-08502-530-450-_ Grant: $_ - - - - ----- County Match: $_ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: - (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW ~K ~::~~~~ Date Out (j'l.. 7 /oj DIvision Director ,. YesO No _ \ _. _ ~r~~ RIsk Mana~'I;~ ~ 4 YesO NoGJI_ '- O.M.B./Purchasing <3 -lY; -t1&YesD N~ K ~ 8/.=DLo ~ County Attorney ~~ YesO Nos" ~ 1. .M ~~ Comments: - OMB Form Revised 9/1 1/95 MCP #2 ..".....'~ BOARD OF mU\TY CO~nfISSIO\ERS , O,~~,T.y ~o~~~E Mayor 'facio Di Gennaro, Di,trict ,~ \fayor Pro T"m Charles "Sonny" 'feeoy, District 3 Dixie \1. Spehar, Digtrict I G~orge ~eugent~ District 2 (305) 294,4641 Sylvia J. \furphy, District 5 Office of the Employee Services Division Director The Historic Gato Ggar Factory 1100 Simonton Street, Suite 268 Key West, FL 330W IlK '':\ (305) 292-,14.'>8 - Phone (305) 292-1561, - Fax "'~~-~ ',,' L ... --....- , .. . ~~... \<~ ...:.: ~~ ;:.';' ~. ...,Jo.. .~. . TO: Board of County Commissioners FROM: Teresa E. Aguiar, Employee Services Director DATE: August 25,2008 SUBJ: Insurance Renewal - with FMIT (Florida Municipal Insurance Trust) General and Vehicle Liability A request for proposals for this insurance coverage was advertised in May, 2008. As a result, Florida Municipal Insurance Trust, as submitted by the Florida League of Cities, provided the best proposal. This agenda item requests approval to accept the bid proposal and renew with FMIT to provide General and Vehicle Liability coverage at a premium of $213,380 to be paid in four quarterly payments. Premises and Operations Liability: $80,444 premium Public Officials and Employment Practices Liability: $48,235 premium Vehicle Liability and Physical Damage: 84,701 premium The total premium has decreased 41 % lower than what the County is currently pavinl! for the same coveral!e. This policy provides coverage for which the County may become legally obligated to pay as a result of bodily injury, property damage, or personal injury arising out of its operations. In addition, the County will be reimbursed a percentage of legal fees incurred by a public officer in defending any criminal, civil, or ethics proceeding which is not otherwise covered by the policy. It is therefore the recommendation that the Board approve the request to renew this policy with an effective date of October 1, 2008 - September 30,2009. If you have any questions on this item, please do not hesitate to contact me at X4458. I NTERISK CORPORA TION Consultants 1111 North Westshore Boulevard Suite 208 Risk Management Tampa, FL 33607-4711 Employee Benefits Phone (813)287-1040 Facsimile (813) 287-1041 August 21, 2008 Ms. Maria Slavik Risk Management Specialist Monroe County 1100 Simonton St. Suite 268 Key West, Florida 33040 Subject: Remarketing of Liability Insurance - RFP-PER-226-140-2008-PUR/CV Dear Maria: The County's Liability insurance is provided by the Florida Municipal Insurance Trust (FMIT) with the Florida League of Cities (The League) serving as the agent. Coverage includes: ~ Premises and Operations Liability ~ Public Officials Liability ~ Vehicle Liability and Physical Damage The policy provides limits of $5 million subject to a self-insured retention of $100,000. The current policy term is October 1,2007 to September 30,2008. The County paid a premium of $364,256 for the 2007/08 policy. The FMIT has provided Monroe County with its Liability insurance for a number of years and has served the needs of the County extremely well. The availability of insurance for governmental entities is somewhat limited. Many traditional commercial insurers do not have the capabilities or desire to provide the necessary insurance. Recognizing this concern, the League formed the FMIT in 1977 and currently has over 500 members. The FMIT is recognized as one of the Nation's leading self insured trusts for governmental entities and maintains sufficient financial strength to pay claims as they become due. Their financial strength is evidenced by the fact that the FMIT Board recently approved the return of $1 0 million of its surplus to members of the Trust as of October I, 2008. The 2007/08 policy represents the County's third renewal with the FMIT since the last time competitive proposals had been received. To comply with the its Purchasing requirements, the County posted an RFP for its Liability insurance on Demand Star on May 08, 20008. In an effort to control the process and to ensure all interested agents had unrestricted access to insurance companies they felt could structure a competitive program, markets were assigned. All interested agents were required to submit, ranked in order of preference, insurers they felt could structure a competitive proposal. Agents had until May 19. 2008 to submit their requests. A total of five (5) different agents submitted requests that included twenty- four (24) different insurers. It is believed that the companies requested represented most, if not all, of the insurers with the ability and desire to provide the insurance coverages being requested by the County. While every effort was made to include the underwriting information the insurers would require to structure their proposals, Requests for Additional Information were received until June 30. 2008. Based on the requests submitted. an addendum was prepared and distributed to all participating agents. Sealed proposals were received until August 13, 2008 at which time they were publicly opened by the County's Purchasing Department. The following agents submitted formal proposals. ~ The Florida League of Cities ~ Public Risk Insurance Agency ~ The Gehring Group Each proposal submitted will be discussed under separate caption. During the evaluation of the proposals it was discovered that the RFP was issued with the County's projected payrolls being $72,809,749. This amount included the projected payroll for the County's Sheriffs Department. Since the Sheriff's Department purchases their own Liability insurance and projected payrolls is a critical factor in establishing an insurer's premium, overstating the payrolls would have produced artificially high premiums. Upon recognizing this issue, each of the agents that submitted proposals were contacted and advised of the abnormally high payroll and were given the opportunity to re- price their proposals based on a lower payroll base of $38,960,906. After explaining the issue to the County's Attorney's Office, it was decided that the County could accept the revised premiums if each of the agents were given the same information and opportunity to adjust their premiums. Therefore, the evaluation was based on premiums developed using the lower and correct payroll. Incorporated as part of this report is a side-by-side comparison of each proposal received that displays the major features of each program. The Gehrinll Group The Gehring Group submitted a proposal from the Catlin Specialty Insurance Company that included coverage for Premises and Operations Liability and Public Officials Liability. Catlin enjoys a favorable rating from the A.M. Best Company, the leading evaluator of insurance company operations. According to representatives of the Gehring Group, their proposal also included coverage for Vehicle Liability insurance, however, this could not be confirmed from their proposal or from supplemental information submitted by Catlin. The County had no option but to assume the Gehring's proposal did not include Vehicle Liability. The Gehring Group and Catlin proposed issuing a single policy with limits of $5 million subject to a deductible of $100,000. While the terms and conditions of the Catlin policy were similar to those of the current program, there were several notable differences that made their proposal less attractive. \) As previously mentioned, it could not be verified that the proposal included any coverage for Vehicle Liability and Physical Damage claims. 2) Defense costs would be included within the policy limits which would reduce the overall amount of insurance that was being offered. 3) Since Catlin's proposal included a deductible instead of a self-insured retention, the County would not be permitted to continue adjusting their own claims (regardless of amount) and the County would not be able to continue selecting their Defense Counsel. Catlin would assume all aspects of the claim with the County still being obligated to assume financial responsibility of the first $100,000 of each claim. Catlin proposed an annual premium of $252,500. While this amount represents a reduction of $111.756 (31 %) compared to the premium currently being paid, other proposals offered even greater savings. It is for this reason, coupled with the limitations and concerns addressed above, the Catlin proposal as submitted by the Gehring Group be eliminated from further consideration. 2 Public Risk Insurance Agencv The Public Risk Insurance Agency (PRIA) submitted a proposal utilizing the Preferred Governmental Insurance Trust (PGlT) as the insurer. PGlT is a self-insured trust established in 1999 to provide the insurance needs of governmental entities. PGIT is viewed as one of the leading governmental insurers in the State and has the financial strength to meet their obligations and to pay claims as they become due. PGlT proposed Premises and Operations, Public Officials and Vehicle Liability coverages with limits of $5 million and a self insured retention of $1 00,000. Their proposal also included coverage for Automobile Physical Damage claims for scheduled vehicles, subject to a $1,000 deductible. They also offered optional retentions of $25,000 and $50,000 for Public Officials claims and a $50.000 retention option for Vehicle Liability claims. The County would also have the option to increase the deductible on Physical Damage claims to $5,000 or $25,000. The amount of savings proposed for these options, coupled with the County's historical loss experience, were not viewed as favorable and therefore eliminated from consideration. The terms and conditions of the PGIT proposal were consistent with those currently being provided by the FMIT with one major exception. While the County would be permitted to adjust their own claims that are within the self-insured retention, the County would have to obtain PGIT's approval of any Defense Counsel they select to use. It is unknown at this time if this restriction would present concerns for the County. PRIA and PGlT proposed an annual premium of $1 09,091 for its Premises and Operations Liability Insurance, $40,162 for its Public Officials Liability Insurance and a combined premium of $72,372 for its Vehicle Liability and Physical Damage insurance. This produced a combined annual premium of $221,625. While this was viewed as an extremely attractive proposal and would result in the County reducing its premiums by $142,621 (39%), the Florida League submitted a more attractive proposal and it is being recommended that the Preferred Governmental Insurance Trust and the Public Risk Insurance Trust be eliminated from further consideration. The Florida League of Cities The Florida League of Cities submitted a renewal proposal from the Florida Municipal Insurance Trust (FMIT). Like PGIT, the FMIT is a self insured trust established to provide the insurance needs of governmental entities. They are viewed as one of the strongest governmental self insured trusts in the Country and are believed to have sufficient financial strength to meet its claim obligations as they become due. The FMIT proposed coverages for Premises and Operations. Public Officials and Vehicle Liability claims. Limits of $5 million. subject to a $100,000 self insured retention was proposed. The terms and conditions of the FMIT proposal are consistent with those of the expiring coverages with one exception. The proposal indicated that the County would not be able to select its own Defense Counsel for claims that are within the self insured retention. Several years ago, the County submitted a summary of its claims administration procedures and the FMIT and the League found them acceptable and allowed the County to continue selecting its own defense firm. This issue was discussed with the League and they have verbally indicated that the County will retain the right to select its Defense Counsel if the FMIT continues to provide the County's insurance. The League's proposal indicated an annual premium of $80,444 for the Premises and Operations Liability, $48,235 for the Public Officials Liability and a combined premium of $84,701 for the Vehicle Liability and Physical Damage coverage. This produces an overall annual premium of $213,380 which is $150,876 (41 %) lower than what the County is currently paying for the same coverage. This is viewed as an extremely attractive proposal and it is recommended that Monroe County renew its Liability Insurance program with the Florida Municipal Insurance Trust as submitted by the Florida League of Cities for the 2008/09 policy term. 3 Please give me a call if you have any questions or wish to discuss this issue in more detail. Cordially, INTERISK CORPORATION 4~ !JJiJ Sidney G. 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