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HomeMy WebLinkAbout08 - Pollution Legal Liability RenewalCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item t February 22, 2005 To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL From: Human Resources, Lauren F. Farley, Risk Manager, 949- 644 -3300 Ifarley(a)-city. newport- beach. ca. us Subj: Pollution Legal Liability Renewal ------------------------------------------------------------- ------------------------------------------------------------- Issue: Does the City Council authorize the expenditure of $267,424 for the pollution legal liability renewal? Recommendation: City Council approve the renewal of the pollution and legal liability insurance coverage with XL Insurance for the three (3) year policy period beginning 3/01/05 to 3/01/08 for the quoted premium of $267,424 or $89,141 annually. Background: This insurance coverage is exclusive to the exposures of pollution and remediation legal liability. These are defined as sudden and gradual pollution, such as a leak from one of our underground storage tanks (UST), spill of a trash truck, pollution at a scheduled location (Big Canyon Reservoir), pollution of water supply and sewers lines owned and maintained by the City. These exposures are excluded by the City's excess general liability policy. This coverage became effective 1 -31 -96 and covers all scheduled City of Newport Beach properties and scheduled non -owned disposal sites formerly or currently utilized by the City for the residential waste. This insurance coverage has been underwritten by ECS Insurance (now XL Environmental Insurance) for the last six years. XL also provides loss control and risk management support services designed to assist in identifying, analyzing and controlling possible environmental liability issues for the City of Newport Beach. Renewal Quotation: Our broker, Mark Zahoryin from Brown & Brown, began reviewing this coverage last October and a site visit was conducted by the XL underwriters at that time, as well. Page 2 There are only three markets that underwrite this type of coverage and XL is committed to the City's program and came in with the best premium rate with a three year commitment. The following chart provides a comparison of the existing coverage to the renewal quote: Limit of Liability (Each Loss) Limit of Liability (Total All Losses) Retention (Deductible /SIR) Non -Owned Disposal Sites Premium -3 Years Funding Availability: Existing Coverage Quote $15,000,000 $15,000,000 $15,000,000 $15,000,000 $50,000 $50,000 $5,000,000 $5,000,000 $296,912 $267,424 Funds which cover the recommended expenditure are in the Environmental Liability Fund, # 3155 -8638 and the FY 04/05 budgeted number is $125,000. The annual premium of $89,141 encumbers 71% of this budgeted amount. Funds will be transferred in from reserves in this budget to allow the city to take advantage of the three year policy commitment to pay the full $267,424 in premium ultimately saving the city $107,577 over the next three years. Submitted by: