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Home My WebLink AboutFS 2011-08-11 Item 2E - MOU with Washington Cities Insurance AuthorityCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Interim Finance Director DATE: November 2, 2011 SUBJECT: Reduction of Liability Insurance Deductible ISSUE Reduce the City's liability insurance deductible from $100,000 to $25,000 for 2012 and beyond. BACKGROUND Washington Cities Insurance Authority (WCIA), the City's liability insurance provider, prepared an analysis comparing total costs to the City using a $25,000, $50,000 and $100,000 deductible scenario, the City's actual claim history from 2006 through 2010, and the increase in insurance premiums under each of these scenarios. The City's current deductible amount is $100,000. DISCUSSION The analysis demonstrates that if the City had had a deductible of $25,000 rather than the $100,000 over this period of time, the City would have saved $264,568 ($3,145,042 total under the $100,000 deductible scenario versus $2,880,474 total under the $25,000 scenario). To realize these potential cost savings, staff recommends reducing the deductible to $25,000 for 2012 and re- evaluating the issue in the fourth quarter of 2012. A revised Memorandum of Understanding (MOU) between WCIA and the City has been drafted and includes the reduced deductible amount of $25,000; the Memorandum has been signed by the City Attorney. The Council is being asked to authorize the Mayor to sign the agreement. RECOMMENDATION The Council is being asked to consider this item at the November 14, 2011 Committee of the Whole Council meeting and subsequent November 21, 2011 Regular Council Meeting. ATTACHMENTS -Draft Memorandum of Understanding WCIA's City of Tukwila Assessment Comparison 79 x 1 Memorandum of Understanding This Memorandum of Understanding (Memorandum) is made and entered this day by and between the City of Tukwila and Washington Cities Insurance Authority, (WCIA) to clarify Tukwila and WCIA responsibilities under the WCIA Large Deductible program. Tukwila as a current member of WCIA, has qualified and has exercised its option to participate in the Large Deductible Program and will maintain a $25,000 deductible level per occurrence. I. CLAIMS ADMINISTRATION During the period or periods of Tukwila participation in the Large Deductible Program, WCIA shall continue to represent and act for Tukwila in matters pertaining to the automobile, errors omissions, police and general liabilities of Tukwila, including the following: A. Receive notice of and create files on each claim reported and maintain these files for Tukwila. Each claim file shall be maintained on a current basis to reflect liabilities, value, recommended disposition, and desirability of risk. B. Investigate all claims submitted to WCIA by Tukwila to determine their liability and settlement value. C. Request timely payment to WCIA, in accord with payment procedures established herein. Tukwila will be wholly responsible for providing payment as may be required for any claims assessed against it, up to $25,000 per occurrence, and /or in excess of or upon exhaustion of WCIA liability coverage. D. Maintain and provide Tukwila pertinent data on all claim payments. E. Promptly report to Tukwila the status of claims in a timely manner. II. PAYMENT OF CLAIMS A. Tukwila shall at all times provide funds to WCIA adequate for the payment of qualified claims or losses and of allocated loss expenses within Tukwila's $25,000 per occurrence deductible to a Deductible Fund (Fund) managed by WCIA. For this purpose, allocated loss expenses shall mean all costs, charges or expenses of third parties, incurred by WCIA, its agents or its employees, which are properly chargeable to a qualified claim or loss including, without limitation, court costs, fees and expenses of defense attorneys, independent investigators, experts and witnesses, and fees for obtaining diagrams, reports, documents and photographs. B. The initial deposit to the Fund of $25,000 was established in 2003. WCIA will periodically analyze the sufficiency of this amount and may require Tukwila to adjust the deposit amount to more accurately represent cash flow demands placed upon the Fund. C. WCIA will provide Tukwila with monthly reports detailing all expenditures charged to this Fund. Tukwila will have ten (10) working days from the date of this notification to reimburse the Fund to its required deposit level, as established in clause B above, by wiring finds to WCIA's bank account. D. In the event that the Fund is impacted by an unusually large volume of current or pending claims or expenses, and upon special notice from WCIA detailing the nature of this unusual demand and the amounts thereof, Tukwila will wire transfer the requested amount within ten (10) days to avoid the possibility of a negative balance in the Fund. E. It is expressly understood that WCIA shall not be required to advance its own funds to pay losses, allocated loss expenses or banking charges within the Deductible level, or to perform any services hereunder if Tukwila fails to provide adequate funds as herein set forth. F. Reimbursement of the Fund not received within ten (10) days of written notification will be charged a finance fee of 1 III. TERM This Memorandum shall become effective on January 1, 2012 and shall continue to be in force as long as Tukwila continues as a WCIA member participating in the Large Deductible program. IV. GENERAL PROVISIONS A. WCIA shall continue to have full authority to negotiate and settle claims within Tukwila's deductible level, and up to WCIA coverage limits without prior approval from Tukwila. WCIA, where possible, shall review all claims with Tukwila prior to settlement. B. WCIA shall continue to have full authority to appoint and retain defense attorneys to defend Tukwila on any claim or lawsuit tendered to WCIA under this Memorandum and to control the defense of said claims or lawsuits. C. All claims and related files generated by WCIA as a result of its activity under this Memorandum shall remain at all times the property of WCIA. All such files will be available at WCIA offices for review and inspection by agents of Tukwila. D. It is understood and agreed by the parties that a claim has occurred when the incident, accident or event giving rise to the claim has occurred. The fact that the claimant may not report the claim until some subsequent time or that Tukwila might not report it to WCIA until some Subsequent time does not change the meaning of whe►i the claim occurred for purposes of this Memorandum. Any claim that occurs during a coverage year in which Tukwila is a participant in the Large Deductible program shall be administered and handled by WCIA per the provisions of this memorandum. RN E. Nothing in this Memorandum changes, alters or relieves WCIA or Tukwila of their duties and obligations as set forth in the WCIA Interlocal signed by all member cities of WCIA, or the Bylaws, Joint Protection Program and Coverage Document that was approved by the membership. F. Any changes in deductible status or levels cannot be implemented until the conclusion of the calendar fiscal coverage year. G. Tukwila shall keep the Fund replenished until all claims covered under this Memorandum have been fully resolved or release WCIA from any further liability to administer, defend or pay said claims within the deductible layer. WASHINGTON CITIES INSURANCE AUTHORITY LEWIS E. LEIGH, Executive Director Date CITY OF Tukwila Authorized Signature Date APPROVED AS TO FORM: Mark Bucklin, Authority Counsel APPROVED AS TO FORM: ao-d I -L-LA -Qi Shelley Kerslake, Kenyon Disend Tukwila City Attorney x City of Tukwila Assessment Comparison 1/1/2006- 12/31/2010 as of 9 -8 -11 Note *Claims capped at $25,000 $50,000 $100,000 respectively *Multiple claimants for each occurrence considered *Statutes have not run on all years and not all claims have matured May be rounding errors as no decimals (A) Claims (B) (C)., (D), (E) (F) No Deductible Deductible 2006 2010 LTD:I'ncurred Total cost of Difference in Cost year Proposed Program to City. (E) Year Assessment Assessment by year w /Applicable (B) $25,000 Deductible 2006 573,242 468,339 175,448 643,787 70,545 2007 531,720 434,415 150,418 584,833 53,113 2008 481,392 393,297 82,700 475,997 (5,395) 2009 549,411 448,869 148,723 597,592 48,181 2010 580,880 474,579 103,686 578,265 (2,615) Total 2,716,645 2,219,499 660,975 2,880,474 163,829 $50,000 Deductible 2006 573,242 423,053 300,448 723,501 150,259 2007 531,720 392,409 211,408 603,817 72,097 2008 481,392 355,267 157,700 512,967 31,575 2009 549,411 405,465 232,627 638,092 88,681 2010 580,880 428,689 132,436 561,125 (19,755) Total 2,716,645 2,004,884 1,034,619 3,039,503 322,858 $100,000 Deductible 2006 573,242 330,187 473,783 803,970 230,728 2007 531,720 321,449 311,408 632,857 101,137 2008 481,392 303,277 267,700 570,977 89,585 2009 549,411 344,481 299,595 644,076 94,665 2010 580,880 360,726 132,436 493,162 (87,718) Total 2,716,645 1,660,120 1,484,922 3,145,042 428,397 Effect of change from $100K deductibe to $50K 2006 (92,866) 173,335 80,469 2007 (70,960) 100,000 29,040 2008 (51,990) 110,000 58,010 2009 (60,984) 66,968 5,984 Effect of change from $100K deductibe to $25K 2006 138,152 (298,335) (160,183) 2007 112,966 (160,990) (48,024) 2008 90,020 (185,000) (94,980) 2009 104,388 (150,872) (46,484) Premium goes up by if change Out -of- pocket claims expenses Savings (lower claims expenses partial from $100K to $25K deductible go down with lower deductible offset by higher WCIA assessment) i x