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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-1861 Temp. Reso. #6832 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94-186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE PLACEMENT OF THE LIABILITY INSURANCE PROGRAM WITH MT. AIRY INSURANCE COMPANY AT AN ANNUAL PREMIUM OF $119,560.00 AND THE WORKERS' COMPENSATION INSURANCE WITH MIDWEST EMPLOYERS CASUALTY COMPANY AT A RATE OF .335% OF PAYROLL AND AN ESTIMATED ANNUAL PREMIUM OF $27,165.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVING FnR AN FFFFCTIVF DATE_,,,, WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the placement of the liability insurance program with Mt. Airy Insurance Company at an annual premium of $119,560.00 and the workers' compensation insurance with Midwest Employers Casualty Company at a rate of .335% of payroll and an estimated annual premium of $27,165.00. WHEREAS, Sphere Drake Insurance Company, the City's present liability and workers' compensation insurer, is not covered by the Florida Guaranty Fund and is rated B++ by Best's, which the City's Risk Manager and insurance broker consider substandard. WHEREAS, Mt. Airy Insurance Company has an A rating by Best's, Midwest Employers Casualty Co. has an A- rating by Best's and both companies are covered for insolvency by the Florida Guaranty Fund. 2 Temp. Reso. #6832 WHEREAS, the Mt. Airy Insurance Company proposal was lower in cost than the Sphere Drake proposal, the liability limits are being increased from $1,000,000.00 to $2,000,000.00 at an additional premium of $35,686.00 while staying within budget. WHEREAS, the deductibles on the liability coverages are lower on the Mt. Airy proposal ($25,000.00 per occurrence for Public Officials Liability, $100,000.00 Auto and General Liability) than the Sphere Drake policy ($100,000.00 per occurrence plus a corridor or annual aggregate deductible of $100,000.00). WHEREAS, the reimbursement of legal expenses reduce the Automobile and General Liability policy limit on the Sphere Drake policy, but not on the Mt. Airy policy. WHEREAS, the $100,000.00 per occurrence and $100,000.00 corridor deductibles on the Sphere Drake workers' compensation coverage is lower than the Midwest Employers deductible of $350,000.00 per occurrence. WHEREAS, Sphere Drake's policy provides full coverage on workers' compensation legal expenses once the deductibles are satisfied while Midwest Employers coverage for legal expenses is prorated based on the policy deductible WHEREAS, Sphere Drake covers claims for mental injury and mental anguish related to employment practices (hiring, firing, promoting, etc), while Mt. Airy excludes that portion of claims by employees or employment applicants. WHEREAS, Sphere Drake covers legal expenses subject to policy deductibles for lawsuits that do not ask for monetary damages while non monetary lawsuits are not covered by Mt. Airy. 1 Temp. Reso. #6832 WHEREAS, the advantages of the Mt. Airy/Midwest Employers proposal outweigh the advantages of the Sphere Drake proposal. WHEREAS, the Risk Manager recommends approval to place the liability insurance program with Mt. Airy Insurance Company and the workers' compensation insurance with Midwest Employers Casualty Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to place the liability insurance program with Mt. Airy Insurance Company and the workers' compensation insurance with Midwest Employers Casualty Company. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. 1 n PASSED, ADOPTED AND APPROVED this #day of �1994. ATTEST: CAROL A. EVANS, CMC CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as CITY ATTORN u 4 Temp. Reso. #6832 NORMAN ABRAMOWITZ, MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DIST. 9: V / M KATZ DIST. 2: C / M MISHKIN DIST. 3: C / ILAI SCHR OER f)IST. 4: C / IN Iti ACHEK r