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4.10. SR 01-22-2013 tREQUEST FOR ACTION River TO ITEM NUMBER Mayor and City Council 4.10 AGENDA SECTION MEETING DATE PREPARED BY Consent January 22,2013 Tim Simon, Finance Director ITEM DESCRIPTION REVIEWED By Insurance Agent of Record Request for Proposal Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Motion to approve the Request for Proposals for professional insurance agent of record services. BACKGROUND/DISCUSSION With the League of Minnesota Cities Insurance Trust(LMCIT), the City of Elk River must have an insurance agent of record.The agency of Liberty Insurance, formerly First National Insurance agency has provided insurance agent of record services for the City of Elk River and Elk River Municipal Utilities for several years. One of staffs goals has been to review existing professional service contracts. Staff has prepared and is ready to issue a Request for Proposals (RFP) for professional insurance agent of record services for the renewal year of July 1,2013, thru June 30,2018 (5 years). As the City Council is aware,under State Statute,the selection of an insurance firm is considered a professional service.Accordingly,criteria in addition to cost will be reviewed. Timeline: City/ERMU distributes Request for Proposal January 23, 2013 Proposal due date February 15,2013 Review of RFP's completed February 22,2013 Interviews March 6-8,2013 Final decision/contract negotiation March 11,2013 Contract consideration by City Council March 18,2013 The RFP has been reviewed by the city attorney and was approved by the Elk River Utilities Commission at their January 8 meeting. FINANCIAL IMPACT Staff prepared the RFP to include a compensation system based on an annual fee rather than a commission. The annual fee will be paid directly by the city to the insurance agent of record firm. Previously,the commission was included in the cost of the premium and paid by the LMCIT to the insurance agent of record firm. Staff believes switching from commission-based to fee-based services provides greater budget certainty and transparency. The commission rate has been 7.5% for property/casualty and 2% for workers compensation. t W E e E II B 1 LNAIUPE ATTACHMENTS • Request for Proposal Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Agenda Packet\01-22-2013\requestforproposalinsuranceagentofrecord2013.docx City of Elk -�-� River City of Elk River and Elk River Municipal Utilities Minnesota Request for Proposals Insurance Agent of Record Services For the periods of July 1, 2013 - June 30, 2014 July 1, 2014 - June 30, 2015 July 1, 2015 -June 30, 2016 July 1, 2016 -June 30, 2017 July 1, 2017 -June 30, 2018 Tim Simon Finance Director 13065 Orono Parkway Elk River, Minnesota 55330 763-635-1029 tsimon @elkrivermn.gov PROPOSALS MUST BE RECEIVED BY 4:00 PM, February 15, 2013 I. INTRODUCTION A. General Information The City of Elk River's and Elk River Municipal Utilities' insurance coverage for property, liability, automobiles, and workers' compensation is provided by the League of Minnesota Cities Insurance Trust (LMCIT). LMCIT requires member cities to utilize the services of an agent of record to assist and advise the city on matters related to insurance coverage. The City of Elk River (City) and Elk River Municipal Utilities (ERMU) invites written proposals from insurance brokers (Broker)to act as the Agent of Record on behalf of the City and ERMU for property/casualty insurance for a five (5) year period beginning on July 1, 2013. The City and ERMU currently acts as its own agent for workers' compensation insurance; however,the Broker may include Agent of Record services for workers' compensation insurance as an optional service. The City and ERMU will make its selection of an agent based on the insurance agency or broker's qualifications, experience, references, and cost of providing service to the City and ERMU. B. Scope of Services Background The City is requesting insurance consulting and brokerage services to assist in the acquisition of property/casualty and worker's compensation insurance coverage. Brokerage and consulting services must be provided for annual policy renewals on an as needed basis. The selected broker(s) must provide a thorough renewal presentation each year with policy recommendations to include an analysis of available alternatives in consideration of the City's and ERMU's exposures. Brokerage services must also include insurance market research, policy endorsements, certificates of insurance and coverage consultation on City and ERMU claims. In prior years the City and ERMU have completed a joint renewal with the LMCIT, but due to growth and size we are looking at completing separate renewals starting in 2013. A copy of the combined City of Elk River's insurance coverage for 2012/2013 is included as Appendix A for reference. Broker Duties and Responsibilities 1. Assist with the completion of the LMCIT renewal forms using the data supplied by the City and ERMU. 2. Advise and assist the City and ERMU in evaluating and selecting coverage alternatives such as deductibles, limits, optional coverage, alternative coverage forms, etc. Advise the City and ERMU on potential gaps or overlaps in coverage. Provide the City's and 1 ERMU's Finance Director with access to the broker's working files of city business upon request, at the city's convenience and discretion. 3. Review the LMCIT insurance policies for completeness and accuracy. Confirm the schedules have been updated for the new data supplied during the renewal process. 4. Provide the city and ERMU with a recap of insurance costs and an explanation of premium increases for each renewal. 5. Provide explanations of insurance coverage, coverage options and make recommendations as requested. 6. Conduct quarterly review of open claims. Review claim reserves for appropriateness. 7. Assist the City and ERMU in identifying risk exposures and developing appropriate strategies to address those exposures. 8. Assist as requested with safety and loss control activities. 9. Evaluate and advise the City and ERMU on whether comparable insurance can be provided by someone other than the League of Minnesota Cities. 10. Other usual functions expected of an insurance broker and requested by the City and ERMU such as, but not limited to, accurately amending policies, providing interpretation of coverage, policy maintenance, binders and certificates,timely delivery of policies and/or binders, providing unbiased recommendations, answering questions and resolving issues. C. Fees The insurance agency shall indicate in its proposal the fee required to service the City's and ERMU's LMCIT insurance coverage for the policy periods of: July 1, 2013 -June 30, 2014 July 1, 2014-June 30, 2015 July 1, 2015 -June 30, 2016 July 1, 2016-June 30, 2017 July 1, 2017 -June 30, 2018 The fees proposed for each period shall be listed on the form attached as Appendix B to this proposal. The fee proposed is in lieu of a commission. It is anticipated the agent will be appointed for a minimum of a five year period. An annual review process will be required with the understanding the City and ERMU or Agent reserves the right to cancel the contract with a 60-day written notice. 2 D. Rights of Review The City of Elk River and Elk River Municipal Utilities reserves the right to reject any or all proposals or to request additional information from any or all applicants as determined to be in the best interest of the City and ERMU. The City of Elk River and Elk River Municipal Utilities reserves the right, where it may serve the City of Elk River's and Elk River Municipal Utilities best interest, to request additional information or clarification from proposers or to allow corrections of errors or omissions. At the discretion of the City and ERMU, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. Following a review of the proposals, a recommendation for award will be made by the Finance Director to the City Council and Utilities Commission. A final decision for award of the work will be made by majority vote of the City Council. The City of Elk River and Elk River Municipal Utilities reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the proposing firm of the conditions contained in this request for proposal, unless clearly and specifically noted in the proposal submitted and confirmed in the letter of engagement between the City of Elk River and Elk River Municipal Utilities and the firm selected. E. Term of Engagement A five year engagement is contemplated, subject to annual review and renewal. Based on satisfactory performance, the concurrence of the City Council and Utilities Commission and the annual availability of an appropriation, the City and ERMU may extend the agreement annually without solicitations from other firms. In the event of unsatisfactory performance, or when in the best interest of the City and ERMU, proposals may be solicited before the end of the five year period. The agreement between the City of Elk River and Elk River Municipal Utilities and the insurance broker shall be in the form of a written contract. F. Subcontracting Following the award of the contract, no subcontracting will be allowed without the express prior written consent of the City and ERMU. II. INSTRUCTIONS A. Proposal Submission and Evaluation 3 Four (4) hard copies and one (1) electronic copy of the proposal must be received by 4:00 PM on February 15, 2013. Proposals should be mailed or hand delivered to: Tim Simon, Finance Director City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 tsimon@elkrivermn.gov 763.635.1029 All questions, correspondence and responses shall be directed to Finance Director Tim Simon. In the interest of fairness, do not contact other staff or elected/appointed officials with respect to this RFP. B. Schedule 1. City distributes Request for Proposal January 23, 2013 2. Proposal due date February 15, 2013 3. Review of RFP's completed February 22, 2013 4. Interviews (if necessary) March 6-8, 2013 5. Final decision/Contract negotiation March 11, 2013 6. Contract consideration by City Council March 18, 2013 NOTE: ALL PROPOSALS MUST BE RECEIVED AT ELK RIVER CITY HALL BY 4:00 PM, FEBRUARY 15, 2013. C. Proposal Format Responses to this Request should include the information in the format and order prescribed on Appendix B and Appendix C to this RFP. D. Evaluation Criteria The City and ERMU shall select a broker with the qualifications and proposal best meeting the needs of the City and ERMU. Proposals shall be evaluated based several criteria including, but not limited to: 1. The fees listed in Appendix B. 2. The responses to the questions listed in Appendix C. 4 3. Number of years the agency has been in business. 4. Experience of working with municipalities and utilities insured by the LMCIT during the last five years. 5. The qualifications, experience, and professional designations of the agency's staff proposed to service the City's and ERMU's account. 6. Agency premium volume excluding personal lines of coverage (health, life, etc.). 7. Present limit of errors and omissions coverage in place for the agency. 8. At least three references for municipal clients with contact information. 9. Any other agency resources or special qualifications that would be advantageous to the City, such as health insurance, life insurance and disability insurance. III. CONTRACT EXECUTION The information below is being provided as part of this Request for Proposal to give proposers an understanding of the City's and ERMU's expectations with respect to contract execution. A. Negotiations and Contract Execution The City and ERMU reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and ERMU and agency be unable to agree upon the entire contract, the City and ERMU reserves the right to discontinue negotiations, select another agency, or reject all of the proposals. Upon completion of negotiations agreeable to the City and ERMU and the agency, the Broker shall enter into a Professional Services Contract with the City and ERMU. B. Contracting Ethics 1. No elected official or employee of the City of Elk River and Elk River Utilities Commission who exercises any responsibilities in the review, approval, or implementation of the proposal shall participate in any decision, which affects his or her direct or indirect financial interests. 2. It is a breach of ethical standards for any person to offer, give, or agree to give any City of Elk River or Elk River Municipal Utility employee or council/commission person, or for any to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate 5 desire to obtain special, preferential, or more favorable treatment than is normally accorded the general public. 3. The agency shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City and ERMU. 4. The agency shall not accept any private client or project which, by its nature, places it in ethical conflict during its representation of the City of Elk River and Elk River Municipal Utilities. 5. The Broker(s) agrees, as a condition of being awarded this RFP,to require each of its agents, officers and employees to abide by city, state and federal laws and regulations pertaining to sexual harassment, firearms and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City and ERMU property at all times while performing duties pursuant to this Contract. The Broker agrees and understands that a violation of any of these policies or rules constitutes a breach of the Contract and sufficient grounds for immediate termination of the Contract by the City and ERMU. 6 APPENDIX A CITY OF ELK RIVER INSURANCE COVERAGE FOR 2012/2013 A-1 Covenant Number: COMMON COVERAGE DECLARATIONS CMC 34480 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES . 4 4 Previous Covenant Number: INSURANCE TRUST CMC 33646 (Herein called LMCIT) [1 AGU ,t i1 Item 1. CITY and MAILING ADDRESS M1 N N I St..)'1., ELK RIVER,CITY OF (`'111I 13065 ORONO PARKWAY ELK RIVER MN 55330-5600 Item 2. COVERAGE PERIOD: From: 07/01/2012 To: 07/01/2013 12:01 AM Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE PARTS: IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS COVENANT,LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A PREMIUM CHARGE IS STATED: PROPERTY,CRIME,BOND,and PETROFUND Premium Property $ 100, 774 Additional Covered Loss or Damages INCLUDED Water and Supplemental Flood Coverage INCLUDED Crime INCLUDED Bond $ 1, 545 Petrofund INCLUDED EQUIPMENT BREAKDOWN $ 56, 842 MUNICIPAL LIABILITY $ 168, 616 Medical and Related Expense INCLUDED AUTOMOBILE LIABILITY $ 19, 178 AUTOMOBILE PHYSICAL DAMAGE $ 22,237 TOTAL $ 3 6 9,19 2 Item 5. GENERAL ANNUAL AGGREGATE DEDUCTIBLE: See FORM ME038(1 1/1 1) Item 6. PREMIUM IS DUE AND PAYABLE: QUARTERLY Item 7. FORMS APPLICABLE TO ALL COVERAGE PARTS: CCM(11/09)ME038(11/11) Item 8. DECLARATIONS APPLICABLE: DEC-011 (11/09) DEC-012 (11/11) DEC-013 (11/11) DEC-016 (07/09) Executive Director,LMCIT LMCIT DEC-011 (11/86)(Rev.11/09) Covenant Number: MUNICIPAL PROPERTY, CRIME, BOND, PETROFUND, CMC 34480 and EQUIPMENT BREAKDOWN DECLARATIONS Coverage is Provided by: f THE LEAGUE OF MINNESOTA CITIES '�� INSURANCE TRUST LEAGUE (Herein called LMCIT) I N I I,1 (..1„1.1 l`i Item 1. CITY: ELK RIVER,CITY OF Item 2. COVERAGE PERIOD: From: 07/01/2012 To: 07/01/2013 12:01 AM Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS COVENANT,LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A LIMIT IS STATED: Item 5. COVERAGE PART ONE—PROPERTY Section I—Property General Limit of Coverage Per Occurrence $ 134,624,900 This general limit is subject to the sublimity as described in Section VI,Limits of Coverage and Valuation,and the specific property limit. Terrorism loss occurrence-shared limit $ 50,000,000 This limit is subject to the provisions of the Terrorism Losses-Special Pool Limit Endorsement ME079(11/09) Section II—Additional Covered Loss or Damages 1. Loss of Revenue,Extra Expense and Expediting Expense $ 5,000,000. Per Occurrence 2. Demolition and Debris Removal (Direct Physical Damage to Covered Property) 25%of the Estimated Replacement Cost of the Covered Property (No Direct Physical Damage to Covered Property) $ 50,000. Per Occurrence 3. Leasehold Interest $ 500,000. Per Location 4. Accounts Receivable $ 500,000. Per Location 5. Valuable Papers and Records $ 500,000. Per Location 6. Utility Services $ 100,000. Per Occurrence 7. Green Building Expenses 1%of the Contract Cost but not to exceed$100,000. Per Location 8. Asbestos Clean up,Abatement and Removal $ 250,000. Per Location 9. Pollutant Cleanup and Removal $ 250,000. Per Location 10. Errors $ 500,000. Per Occurrence 11. Rental Reimbursement $ 25,000. Annual Aggregate 12. Arson Reward $ 5,000. Per Fire Loss 11 Extraordinary Expense $ 250,000. Annual Aggregate 14. Data Security Breach Expenses $ 250,000. Annual Aggregate Section IV-Water and Supplemental Flood Coverage $ 500,000. Per Occurrence $ 500,000. Annual Aggregate LMCIT DEC-012(11/86)(Rev.I I/11) Page 1 of 3 COVENANT NUMBER: CMC 34480 [_FACIIF 0 l Ml le N 1:SC}'r=� CI HIS Item 6. REFER TO SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN THE SECTION I COVERAGE;THE SCHEDULE OF COVERED MOBILE PROPERTY FOR THE MOBILE PROPERTY INCLUDED IN THE SECTION I COVERAGE AND THE SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN SECTION IV COVERAGE. Item 7. DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART ONE—PROPERTY $ 20,000 Per Occurrence Item 8. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11/11) PM-100 (11/03) ME079 (11/09) ME063 (11/01) MPCBP-115 (11/05) MPCBP-116 (11/11) MPCBP-117 (11/11) MPCBP-118 (11/05) MPCBP-209 (11/05) MPCBP-210 (11/05) MPCBP-216 (11/09) PM-109 (11/07) Item 9. MORTGAGE HOLDER(if applicable): Item 10. COVERAGE PART TWO—CRIME LIMIT OF COVERAGE PER OCCURRENCE $ 250,000 Item 11. DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible,if any, shown on Common Coverage Declarations): COVERAGE PART TWO—CRIME $ 20,000 Per Occurrence Item 12. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. ME063 (11/01) MPCBP(11/11) LMCIT DEC-012(11/86)(Rev.11/11) Page 2 of 3 COVENANT NUMBER: CMC 34480 Item 13. COVERAGE PART THREE—BOND AG11C,, MiNNlsot>A S LIMIT OF COVERAGE PER OCCURRENCE: $ 500,000 I [l E. DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART THREE-BOND $ 20,000 Per Occurrence Item 14. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11/11) ME063 (11/O1) Item 15. COVERAGE PART FOUR—PETROFUND(Claims made) LIMITS OF REIMBURSEMENT BENEFIT MAXIMUM REIMBURSABLE COSTS AND DEFENSE COSTS EACH TANK RELEASE $ 250,000 REIMBURSABLE COSTS AND DEFENSE COSTS AGREEMENT TERM AGGREGATE $ 250,000 DEDUCTIBLE: COVERAGE PART FOUR-PETROFUND NOT APPLICABLE Item 16. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. MPCBP(11/11) ME063 (11/O1) Item 17. EQUIPMENT BREAKDOWN COVERAGE EQUIPMENT BREAKDOWN LIMIT: $ 100,000,000 DEDUCTIBLE: $ 20,000 ANY ONE ACCIDENT Item 18. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. BM-200 (11/09) BM-212 (11/01) PM-100 (11/03) BM-207 (11/03) BM-209 (11/01) ME063 (11/01) BM-213 (11/06) ME091 (11/11) MPCBP-216 (11/09) LMCIT DEC-012(1 1/86)(Rev.11/11) Page 3 of 3 Covenant Number MUNICIPAL LIABILITY DECLARATIONS CMC 33984 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES 6 INSURANCE TRUST LEAGUE or (Herein called LMCIT) MINNESOTA CITIES Item 1. CITY: PRIOR LAKE,CITY OF Item 2. COVERAGE PERIOD: From: 02/01/2012 To: 02/01/2013 12:01 AM Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Claims Made Item 4. COVERAGE PARTS: IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS COVENANT,LMCIT AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT,SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT $ 1,500,000 PRODUCTS LIMIT $ 2,0 0 0,0 0 0 Annual Aggregate FAILURE TO SUPPLY CLAIM LIMIT $ 2,0 0 0,0 0 0 Annual Aggregate EMI'CLAIM LIMIT $ 2,0 0 0,0 0 0 Annual Aggregate MOLD CLAIM LIMIT $ 2,0 0 0,0 0 0 Annual Aggregate FIRE DAMAGE LIMIT $ 5 0,0 0 0 Any One Fire MEDICAL AND RELATED EXPENSE LIMIT NOT COVERED Any One PersonlOccurrence LIMITED POLLUTION LIABILITY CLAIM LIMIT *$ 1,5 0 0,0 0 0 Per Sudden Occurrence/ $2,000,000 Annual Aggregate OUTSIDE ORGANIZATION CLAIM LIMIT *$ 100,000 Annual Aggregate DATA SECURITY BREACH CLAIM LIMIT $ 2,0 0 0,0 0 0 Annual Aggregate LAND USE AND SPECIAL RISK LITIGATION LIMIT **$ 1,000,000 Annual Aggregate *LIMIT includes damages,loss adjustment expense,defense costs,and supplementary payments. **LIMIT includes litigation costs. Item 5. MUNICIPAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible,if any, shown on Common Coverage Declarations) $ 10,000 Per Occurrence Item 6. RETROACTIVE DATES: MUNICIPAL LIABILITY RETROACTIVE DATE: 02/01/1987 LIMITED POLLUTION LIABILITY CLAIM RETROACTIVE DATE: 02/01/1989 Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: CMC(11/11) MGL-1(11/09) ME062(11/02) ME066(11/11) 14E083(08/08) LMCIT DEC-013(11/86)(Rev. 11/11) Covenant Number: MUNICIPAL AUTOMOBILE DECLARATIONS CMC 33984 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LMCIT) LEAGUE or Item 1, CITY: PRIOR LAKE,CITY OF MINNESOTA CITIES Item 2. COVERAGE PERIOD: From: 02/01/2012 To: 02/01/2013 12:01 AM Standard Time at Mailing Address Indicated on Common Coverage Declarations Item 3, THE COVERED PARTY IS: CITY Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF PREMIUM AND SUBJECT TO ALL OF THE TERMS OF THIS COVENANT,LMCIT AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT,SUBJECT TO THE FOLLOWING LIMITS: COVERAGE: LIMIT: AUTOMOBILE LIABILITY $ 1.500,000 Per Occurrence BASIC ECONOMIC LOSS BENEFITS Basic Minnesota Statutory Coverage UNINSURED AND UNDERINSURED MOTORISTS $ 200,000 Per Occurrence AUTOMOBILE PHYSICAL DAMAGE '' Actual Cash Value,Unless Endorsed Item 5. DEDUCTIBLE(SUBJECT TO GENERAL ANNUAL AGGREGATE DEDUCTIBLE,IF ANY,SHOWN ON COMMON COVERAGE DECLARATIONS). $ 10,000 per occurrence Item 6. FORMS AND ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: A0010(11/09) CMC(11/11) MA082 (11/09) ME049(11/01) ME057(11/01) ME063(11/01) ME066 (11/11) ME072 (11/03) ME079(11/09) LMCIT DEC-016(11/86)(Rev.07/09) Covenant Number: MUNICIPAL LIQUOR LIABILITY LLC 2589 Coverage Is Provided By: THE LEAGUE OF MINNESOTA CITIES � ?ft Previous Covenant Number: INSURANCE TRUST I.�ACr111 LLC 2484 (Herein called LMCIT) I N1 N I SO I A CI"1"11=5 Item 1. CITY and MAILING ADDRESS: ELK RIVER,CITY OF 13065 ORONO PARKWAY ELK RIVER MN 55330-5600 Item 2. LOCATION(S)OF COVERED PREMISES: 1. 19348 EVANS STREET NW 2. 13484-185TH AVE NW 3. 18150 WACO TREET Item 3. COVERAGE PERIOD: 12:01 AM Standard Time at Mailing Address Indicated Above From: 07/01/2012 To: 07/01/2013 Item 4. COVERAGE LIMITS: Municipal Liquor Liability Limit: $ 1,000,000 Per Occurrence/Per Covered Premises $ 1,000,000 Annual Aggregate/Per Covered Premises Item 5. MUNICIPAL LIQUOR LIABILITY DEDUCTIBLE: $ Per Occurrence Item 6. PREMIUM: $ 9,731 Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT: MLLC(11/10) Executive Director,LMCIT LMCIT DEC-021 (11/97) Covenant Number: AGREEMENT DECLARATIONS OML 8890 DEFENSE COST REIMBURSEMENT AGREEMENT s*j Previous Covenant Number: Coverage Is Provided By: 3 I OML 8054 THE LEAGUE OF MINNESOTA CITIES L.FArOF MINN!SO I A INSURANCE TRUST CM I; (Herein called LMCIT) Item 1. COVERED PARTY and MAILING ADDRESS: ELK RIVER,CITY OF Claims Made 13065 ORONO PARKWAY ELK RIVER MN 55330-5600 Item 2. COVERAGE PERIOD: 12:01 AM Standard Time at Mailing Address Indicated Above From: 07/01/2012 To: 07/01/2013 Item 3. RETROACTIVE DATE: 10/01/1994 Item 4. THE COVERED PARTY IS: CITY Item 5. DEFENSE COST REIMBURSEMENT LIMITS: 1. Agreement Term Annual Aggregate Per City Official: $50,000. 2. Agreement Term Annual Aggregate: $250,000. Item 6. PREMIUM: $NO CHARGE Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT: ME063 (11/O1) OMLRA-1 (11/11) Executive Director,LMCIT LMCIT DEC-019(11/93)(Rev.11/11) APPENDIX B CITY OF Elk River/Elk River Utilities AGENT OF RECORD RFP FEE PROPOSAL Policy Period Fee (City) Fee (ERMU) July 1, 2013—June 30, 2014 July 1, 2014—June 30, 2015 July 1, 2015—June 30, 2016 July 1, 2016—June 30, 2017 July 1, 2017—June 30, 2018 B-1 APPENDIX C CITY OF ELK RIVER/Elk River Municipal Utility AGENT OF RECORD RFP RESPONSE FORM INFORMATION ON THE FIRM Name of Firm: Branch Office: National Office: (if applicable) Address: Address: List Prior Names of Business if changes have been made: Telephone Number of Office: FAX Number: Branch: Branch: National: National: Number of Years In Business: Describe your firm's experience and expertise regarding public entity risks by relating the markets to which the firm has access,the information technology capabilities of your firm,other public sector clients with whom you have a relationship and which of the clients are self-funded. Describe the steps you would take in reviewing our current program and designing changes in the program. Include specific techniques and procedures your firm may use to assist in identifying current and anticipated new loss exposures to the City/ERMU. Describe the Loss Control, Risk Management, Wellness and Legal service offered by your firm. What are the transition expectations if the City/ERMU uses your services? C-1 APPENDIX C CITY OF ELK RIVER/Elk River Municipal Utility AGENT OF RECORD RFP RESPONSE FORM After the risk assessment is complete, how does your organization formulate a long-term Risk Management strategy for the next five years? Please comment on your anticipated involvement in monitoring and assisting in claims preparation, management, negotiation and settlement. What services would you classify within the fee income and what services would you classify outside the fee income? List your fees for any additional services which may exceed the scope of duties and responsibilities contemplated within the set fee? C-2 APPENDIX C CITY OF ELK RIVER/Elk River Municipal Utility AGENT OF RECORD RFP RESPONSE FORM PERSONNEL INFORMATION Provide the names, professional qualifications and educational background of the Account Executives and key support personnel who would be responsible for our account: Branch: National: Total Personnel: Total Personnel: Branch: National: Licensed Brokers: Licensed Brokers: Branch: National: Claims Administration: Claims Administration: Branch: National: Safety/Loss Control Personnel: Safety/Loss Control Personnel: Branch: National: Licensed Insurance Consultants: Licensed Insurance Consultants: Branch: National: Licensed Excess&Surplus Lines Broker: Licensed Excess&Surplus Line Broker: Branch: National: Legal Personnel: Legal Personnel: Branch: National: Wellness Personnel: Wellness Personnel: Branch: National: C-3 APPENDIX C CITY OF ELK RIVER/Elk River Municipal Utility AGENT OF RECORD RFP RESPONSE FORM AGENCY PERSONNEL INFORMATION List principals in firm and denote those who would work with the City of Elk River and Elk River Municipal Utilities. List the number of clerical/support staff in service office. Discuss the claims process as it relates to your firm. In no more than 100 words, offer any additional information related to why your firm should be the City of Elk River's and Elk River Municipal Utilities selected broker. C-4 APPENDIX C CITY OF ELK RIVER/Elk River Municipal Utility AGENT OF RECORD RFP RESPONSE FORM INSURANCE COMPANY INFORMATION Commercial Property/Casualty (list your top 5 companies by premium volume written and indicate the dollars of premium written): Branch: National: What is your Annual Premium Volume by Coverage Area? Branch National Property/Boiler Machinery General Liability Auto Liability Public Officials/E&O Crime Workers Compensation Professional Liability Names of governmental entities insured by the agency through the LMCIT during the last five years. For each client reference, include the scope of the service, time performed, and name,title, address and phone number of the principal contact person. C-5 APPENDIX C CITY OF ELK RIVER/Elk River Municipal Utility AGENT OF RECORD RFP RESPONSE FORM REFERENCES List three references: 1. Entity: Coverage/Service: Contact(Name,Title,Address&Tel. No.): 2. Entity: Coverage/Service: Contact(Name,Title,Address&Tel.No.): 3. Entity: Coverage/Service: Contact(Name,Title,Address&Tel.No.): C-6