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ITEM 3.6 Insurance Coverage40 OtsTyF o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/Finance Director Flaherty October 22, 2018 PRESENTER(s) REVIEWED BY: ITEM #: Consent 3.6 STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council elect to not waive the monetary limits on municipal tort liability established by Minnesota Statute Section 466.04. ARE YOU SEEKING APPROVAL OFA CONTRACT? FIS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The City has received the quoted premium from the League of Minnesota Cities for the 2018-2019 liability insurance package. The total for the 2018-2019 coverage period is $134,456 compared to $133,041 for the 2017-2018 coverage period (1.1% increase). The most significant aspect regarding the change in premiums was the City's Experience Factor Modifier, which decreased to 0.886 from 0.913, a 2.96% decrease. This decrease is due to the City having very few claims during recent history. This decrease helps reduce insurance premiums across the policy. The only noteworthy increase within the insurance policy was for Property coverage, which increased $4,407 (7%). This was due to additional property added to the policy for Lefebvre Creek Park and Norin Landing Park. Minnesota Statute Section 466.04 references tort liability for political subdivisions. The municipal tort liability is limited to a maximum of $500,000 per claimant and $1.5 million per occurrence. These limits apply whether the claim is against the City, against the individual officer or employee, or against both. The LMCIT liability coverage provides a standard limit of $2 million per occurrence. At the City's coverage renewal each year, it must decide whether to waive or not waive the statutory limits. In the past, the City of Otsego has chosen not to waive these statutory limits on tort liability claims. The LMCIT assures coverage to the limitations set by the Statute without additional cost to the City. SUPPORTING DOCUMENTS ATTACHED: • 2018-2019 Renewal Premium Summary • Liability Coverage Waiver Form • Summary of LMCIT Liability Coverage Options POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:' Motion that the City of Otsego elects not to waive the monetary limits on municipal tort liability established by Minnesota Statute Section 466.04 for the September 25, 2017-2018 coverage period. BUDGET INFORMATION FUNDING: BUDGETED: Insurance coverage is allocated to each fund/department of the City. Yes 00 LEAGUE Of MINNESOTA CITIES October 11, 2018 Associated Benefits and Risk Consulting CONNECTING & INNOVATING SINCE 1913 Covered Party: City of Otsego Effective Date: 9/25/2018 RENEWAL PREMIUM SUMMARY Common Coverages Coverage Deductible Premium • Property $ 10,000 / 40,000 / 1,000. $66,467. • Mobile Property 10,000 / 40,000 / 1,000. 5,077. • Municipal Liability 10,000 / 40,000 / 1,000. 29,444. • Automobile Liability 10,000 / 40,000 / 1,000. 4,771. • UM/UIM $200,000 all owned autos 10,000 / 40,000 / 1,000. Included. • Basic Economic Loss Benefits (PIP) all owned autos 10,000 / 40,000 / 1,000. Included. • Automobile Physical Damage 10,000 / 40,000 / 1,000. 3,633. • Crime 10,000 / 40,000 / 1,000. Included. • Petrofund NA. Included. • Defense Cost Reimbursement NA. Included. Experience Factor Modifier: 0.886 Aggregate Factor Modifier: 1.010 $134,456. Expiring Experience Factor Modifier: 0.913 (Applied to Municipal Liability, Auto Liability, and UINMIM) The modifier is calculated with a formula which compares the city's actual loss history with the amount of losses that would be expected for a city of that size if the city were a perfectly average LMCIT member. If the city's losses and expenses are better than average the city receives a premium credit. If the city's losses and expenses are worse than average, the city receives a premium debit. Optional Coverages Coverage Deductible Premium • Bond $ 300,000. 10,000 / 40,000 / 1,000. 511. • Equipment Breakdown 1,000. 8,972. • Excess Liability Limit: $ 1,000,000. NA. 10,764. • Liquor Liability Limit: $ NA. Not Covered. • Fireworks 10,000 / 40,000 / 1,000. 250. • No Fault Sewer Back Up Limit: $ 25,000. 10,000 / 40,000 / 1,000. 4,567. • Airport Liability Not Covered. TOTAL: $134,456. DO NOT PAY UNTIL YOU RECEIVE INVOICES TORT LIMIT: $500,000/$1,500,000 LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAx: (651) 281-1298 INSURANCE TRUST ST. PAUL, MN SS103-2044 TOLL FREE: (800) 925-1122 WEB:WWW.LMc.oRG PREMSUMXM(11/11) 00 j,E r2 of INNES0TA CITIES CONNECTING & INNOVATING SINCE 1913 LIABILITY COVERAGE - WAIVER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to pstech@lmc.org This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects; If the member does not waive the statutory toil limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort Ilmits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LMCIT Member Name Check one: ❑ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. ❑ The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council/governing body meeting Signat 145 UNIVERSITY AVE. WEST ST. PAUL, MN 55103-2044 Position PHONE; (651) 281-1200 FAx. (651) 281-1299 TOLLFREE; (800) 925-1122 WEB:WWW.LMC.O&G o 4, 0 0 'd id i' U o 0 0 C U r i 0 �N 41 p O O O O Q O O O 0 O tiCIA N 6N?ME�}- 6Mi} Cd H U�+ �a o Cd CD a o p o 0 0 o 0 a 0 o 0 o 4- ai Sri s U O 0O 0 Cd cd ren bA o o 0 0 o 0 0 ani o O O O -151 , 6q o 0 0 0 vU, a� a� 49 o 'p.- a AA A� xA �