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2008-26817 ResoRESOLUTION NO. 2008-26817 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE PURCHASE OF FLOOD INSURANCE, ALL RISK PROPERTY INSURANCE (INCLUDING WINDSTORM ), AND BOILER/MACHINERY INSURANCE FOR CITY BUILDINGS AND CONTENTS (INCLUDING NEW CONSTRUCTION), FOR AONE-YEAR PERIOD, AS PROPOSED BY ARTHUR J. GALLAGHER & CO., THE CITY'S BROKER OF RECORD. WHEREAS, as proposed by Arthur J. Gallagher and Co., the City's broker of record, the Administration has recommended the purchase of Flood Insurance with the National Flood Insurance Program; All Risk property Insurance (including Windstorm) with Lexington Insurance Company as the primary layer and Boiler/Machinery Insurance with Travelers Property Casualty Company of America; and WHEREAS, funding is available from the Self Insurance Fund Number 540.1792.000378; and WHEREAS, the City Commission authorizes the Administration to purchase the aforestated insurances, as proposed by Arthur J Gallagher and Co., if within budgeted funds; and WHEREAS, the City Commission also authorizes the Administration, to purchase additional Windstorm coverage, if available with the remaining budgeted funds. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the purchase of Flood Insurance, All Risk Property Insurance (including Windstorm), and Boiler/Machinery Insurance for all City-owned buildings and contents (including new construction), for cone-year period, as proposed by Arthur J. Gallagher & Co., the City's broker of record. PASSED AND ADOPTED this 14th day of May, 2008. yor Ma ti H rrera Bower ATTE T: City C erk Robert Parcher APPROVED AS TO FORM & LANGUAGE 8~ FOR EXECUTION QO V'" COMMISSION ITEM SUMMARY Condensed Title: Resolution authorizing the purchase of Flood, All Risk Property (including windstorm) and Boiler Machinery Insurance as proposed by Arthur J. Gallagher and Co., the City's Broker of Record. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Property Insurance is necessary to protect the financial interest of the City. To qualify for FEMA aid, the City is required to purchase maximum reasonable insurance avaiiable. item summaryiKecommenaation: The current policies renew on June 1, 2008 through May 31, 2009. Lexington Insurance Company has offered the All Risk Coverage with Windstorm with better coverage at a lower premium ($100,536.00 less than the current premium). The Flood Insurance and Boiler/Machinery should renew at or near the current premium. The Administration recommends that Gallagher be directed to negotiate with the carriers for the best possible coverage at the best possible premium and that the Mayor and City Commission authorize the Adminstration to purchase additional Windstorm insurance if available and prudent, up to the current budgeted amount of $1.9 million. Adviso Board Recommendation: Not Applicable Financial Information: Source of Amount Account Funds: ~ N/A 540.1792.000378 Property Insurance (Self-Insurance Fund 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Ramiro Inguanzo Sign-Offs: ~ Department Direct( )) Assistant City Manager ~ City Manager ~ T:\AGENDA\2008\apri11408\Regu lar\P-INS08sum.doc ~~ ~ I ~ ~~ ~ A~~Npa ~~~ R~ ~ '~' DATE s~~~^~O m MIAN1iBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: May 14, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE PURCHASE OF FLOOD INSURANCE, ALL RISK PROPERTY INSURANCE (INCLUDING WINDSTORM) AND BOILER/MACHINERY INSURANCE FOR CITY BUILDINGS AND CONTENTS (INCLUDING NEW CONSTRUCTION), FOR AONE-YEAR PERIOD AS PROPOSED BY ARTHUR J. GALLAGHER & CO., THE CITY'S BROKER OF RECORD. ADMINISTRATION RECOMMENDATION: Adopt the resolution. FUNDING: Funding for this task has been previously appropriated in FY 2006-2007 Risk Management Claims Fund No. 540-1792-000378. ANALYSIS: The City's property insurance needs are covered by three policies: Flood, All Risk (including windstorm) and Boiler/Machinery (equipment breakdown). The current policies renew from June 1, 2008 through May 31, 2009. Lexington insurance Company has offered the renewal of the All Risk Coverage with Windstorm with an additional $10,000,000 Windstorm sub-limit which increases the total Windstorm coverage from $10,000,000 to $20,000,000 at a lower premium ($100,536.00 less than the current premium). The Flood Insurance and Boiler/Machinery should renew at or nearthe current premium. The City relies on FEMA to provide financial assistance for expenses and damages related to flood and/or windstorm that are not covered by insurance. The City obtained insurance value appraisals in 2007-2008 for all buildings requiring insurance (68 locations). The appraisals were designed to meet insurance carrier underwriting requirements. The Total Insured Value (TIV) for all locations is $653,942,644.00. The City utilizes the services of Arthur J. Gallagher and Co. (Broker of Record), to secure property insurance. Annually, prior to policy expiration, the City directs Gallagher to contact all available markets for property insurance quotes. We have attached the estimated renewal figures from Gallagher. City Commission Memorandum May 14, 2008 Purchase of Property Insurance Page 2 of 3 The first coverage, Flood, is only offered through the National Flood Insurance Program. The coverage limits are $500,000 for buildings and $500,000 for building contents with a $5,000 deductible per location. The City purchases a separate Flood policy for each location within the City. The individual policies renew from June 2008 through December 2008. The annual premium for 2007-2008 is $291,260.00. The premium for 2008-2009 is estimated to be $305,823.00 (while we have not been informed of any increases, we have included a 5% increase). To qualify for aid from FEMA for loss due to flood, the Act requires that the City purchase available insurance. The second coverage, All Risk, can be purchased with or without Windstorm coverage. With regard to FEMA's eligibility requirements for Windstorm, the City is required to purchase coverage that is reasonably available. The premium cost for All Risk including Windstorm for 2007-2008 was $1,529,541.00. The policy included Windstorm sub-limits of $10,000,000 (additional limits were not available due to limited insurance capacity in Florida). This policy was offered by Lexington Insurance Company. Lexington Insurance Companywas the only carrierwilling to provide primary coverage forAll Riskthat included a Windstorm sub-limit. Lexington has indicated that they will offer a renewal of this policy for 2008-2009. (Lexington is the only carrier offering primary coverage with a Windstorm sub-limit). The renewal for the current policy (All Risk with a $10,000,000 Windstorm sub-limit) is being offered for a total premium of $1,111,008.00. This renewal represents a decrease in premium of 28.08% ($433,836.00). Additionally, Lexington has offered to increase the Windstorm sub-limit from the current level $10,000,000 up to $20,000,000 (see attached renewal estimate) for an additional premium of $333,300. The total renewal premium of $1,444,308.00 forAll Risk with a $20,000,000 Windstorm sub-limit is 6.51 % ($100,536.00) lower than the current/expiring premium. The All Risk renewal includes an option to purchase Terrorism coverage. This coverage is very limited and does not respond to all types of terrorism. In the past the Cityhas not elected to purchase this coverage. The third coverage, Boiler/Machinery provides coverage for property built to operate under a vacuum or pressure, or used for generations, transmission or utilization of energy (water pumps, A.C. units, generators). The City purchases this insurance due to the many locations that house this type of machinery/equipment. Damage sustained by machinery/equipment for breakdown is not currently reimbursable under any type of State or Federal program. The premium for 2007-2008 was $20,200.00 with coverage provided by Travelers. We anticipate the renewal premium for 2008-2009 to be $20,402.00 due to a 1 % increase in Total Insured Values. CONCLUSION With regard to the purchase of All Risk (including a Named Windstorm Sub-limit), the Administration recommends the City purchase the primary coverage offered by Lexington Insurance Company and utilize the remaining funds authorized by the Mayor and City Commission to negotiate and purchase additional Windstorm insurance through all possible markets (including Lexington and Citizens Property and Casualty). The purchase of additional Windstorm limits will help minimize the City's dependence on FEMA, provide additional funds for damage repair, and speed recovery in the event of damage sustained from a major storm. City Commission Memorandum May 14, 2008 Purchase of Property Insurance Page 3 of 3 Arthur J. Gallagher has looked at insuring City locations separately in lieu of purchasing blanket coverage (All Risk with Windstorm). Citizens Property and Casualty is the only other insurance market available at this time and is limited to windstorm coverage only. Arthur J. Gallagher and Co. does not recommend that the City pursue coverage from Citizens Property Insurance Corp. for the following reasons: • Citizens is the option of last resort, and should not be utilized if a voluntary carrier is offering coverage. Lexington is offering higher windstorm capacity this year for less premium than they charged fast year. • Citizens is not well capitalized and may not be able to respond to all claims in a timely manner. • Citizens only offers a $1 million loss limit. Therefore, buildings valued in excess of $1 million will not be properly covered. Furthermore, the premium for this limited coverage is based on the total values at risk. By way of example, this means that fora $10 million building, you would pay a premium as if you had $10 million of coverage, but would only receive $1 million of coverage in return. • Citizens will not provide coverage for time element losses such as loss of rents or extra expense. The Administration recommends that Gallagher be directed to negotiate with the carriers for the best possible coverage at the best possible premium and that the Mayor and City Commission authorize the Administration to purchase additional Windstorm insurance if available and prudent, up to the current budgeted amount of $1.9 million. T:WGENDA\2008\apri11708\Regular\P-I NS08.doc ~. Gallagher Public Entity & Scholastic Division Arthur l Gallagher Ritik ~VSanagement Servia~c April 28, 2008 Mr. Clifton Leonard City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Re: 2008 - 2009 Estimated Renewal Premiums Dear Cliff, The Property Insurance program for the City of Miami Beach renews on June 1, 2008, and you have asked us to provide an estimate of what we believe the renewal premiums will be for Property, Bailer & Machinery, and Flood insurance. Accordingly, please note the fallowing: As to Master Property Insurance: We are pleased to inform you that we have been able to secure a significant rate reduction of 28.63% from the incumbent insurer, Lexington Insurance Company, for the renewal of the current program. Lexington is further offering increased limits of named windstorm coverage for less than the City is curren#ly paying. Since Lexington is the only carrier offering primary coverage to the City, the program has not been marketed to any other carriers. Option ~ I - $10,000,000 Named Windstorm Loss Li mit as ex irin 2007-2008 2008-2009 est. TIV $648,991,550 $653,942,644 T1V Chan e 0.76% Rate 0.2357 0.1682 -Rate Chan a -28.63% Premium $1,529,541 $1,100,000 FL CAT Fund Assessment $15,295 $11,000 EMPA $$ $g Total $1,544,844 $1,111,008 Premium Chan a -28.08% Arthur J. Gallagher & Co (Fonda) 8200 Northwest 41 st Street. Suite 200 Miami, FL 331 66 Main 305.592.6080 Fax 305.5924049 www.aj~.coiYi G Gallagher Public Entity ~ Scholastic Division Arthur J. C;allagher Risk h4anaKement Services Option II - $15,000,000 Named Windstorm Loss Limit 2008-2009 est. Rate 0.1942 Rate Chan a from ex irin -17.60% Premium $1,270,000 FL CAT Fund Assessment $12,700 EMPA $8 Total $1,282,708 Premium Chan a from Ex irin -16.97% Option III - $20,000,000 Named Windstorm Loss Limit 2008-2009 est. Rate 0.2187 Rate Chan a from ex irin -7.22% Premium $1,430,000 FL CAT Fund Assessment $14,300 EMPA $g Total $1,444,308 Premium Chan a from Ex irin -6.51 Note: The "All Other Peril" Loss Limit applicable to the above options is $200 million. You will note that the 1 % Florida Hurricane Catastrophe Fund surcharge remains in effect this year. This surcharge is intended to augment the reserves of the Florida CAT Fund which were significantly depleted after the busy 2004 and 2005 storm seasons. Public Entities are not exempt from this assessment. As to Flood Insurance: White we have not been informed of any increases in National Flood Insurance Program (NFIP) rates, we would not discount the possibility of an incremental increase of up to 5%, which we see the administrators of NFIP implement periodically. Since the City is currently paying $291,260 for its NFIP policies that Arthur J. Gallayher& Co. {Florida) 8200 Northwest 4 1st Street, Swte 200 Miami. FL 33166 Main 305.592.6080 Fax 305.592.4049 www.ajg.com Gallagher Public Entity ~ Scholastic Division Arthur I. Gallagher Risk r\9anagemrnt Services renew throughout the year, a possible 5% rate increase would result in the City's total NFIP premiums increasing to up to $305,823, or $14,563. As to Boiler 8~ Machinery: We expect the City's Boiler & Machinery premium to remain flat. Since your Total Insured Values are about 1 % higher this year than last year, that would translate into your premium increasing from $20,200 to $20,402, or an additional $202. As to Citizens Property Insurance Corp.: We do not recommend you pursue coverage from Citizens Property Insurance Corp. far a number of reasons. Among these are: • Citizens is the option of last resort, and should not be utilized if a voluntary carrier is offering coverage. Lexington is offering higher windstorm capacity this year for less premium than they charged last year. • Citizens is not well capitalized and may not be able to respond to all claims in a timely manner. • Citizens only offers a $1 million loss limit. Therefore, buildings valued in excess of $1 million will not be properly covered. Furthermore, the premium for this limited coverage is based on the total values at risk. By way of example, this means that fora $10 million building, you would pay a premium as if you had $10 million of coverage, but would only receive $1 million of coverage in return. • Citizens will not provide coverage for time element losses such as loss of income {e.g. theater or golf course}, rents, or extra expense. The above are only premium estimates based on the information we have at this time. We will continue working with the markets to obtain the most favorable terms possible for the City of Miami Beach, and we expect to have the program completed by mid-May. In the meantime, please feel free to call me if you have any questions; I appreciate the opportunity to work with you. Sincerely, -., Craig S. F ~ stein, CPCU, ARM, ASLI, Are Area Assis nt Vice President Arthur J. Gallagher & Cu (Flonda) 8?_00 Northwest 41st Street, Surte 200 Miarm, FL 331 66 Main 305.592.6080 fax 305.592.4049 www a~g com