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Exhibit 1 - Agenda Information SheetCity of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement ACM: Cassey Ogden DATE: October 24, 2023 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager for emergency property, boiler, and machinery insurance coverage for the City of Denton through the City’s broker of record, Lockton Companies, LLC; and providing an effective date (File 8344 – awarded to Affiliated FM Insurance Company, in the three (3) year not-to-exceed amount of $3,795,191.00). STRATEGIC ALIGNMENT This action supports Key Focus Area: Pursue Organizational Excellence and Collaborative and Respectful Leadership. INFORMATION/BACKGROUND The City of Denton purchases property insurance coverage to protect assets totaling over $700,000,000 in buildings, machinery, and contents. This property insurance policy covers City buildings and facilities from standard exposures such as fire, windstorm, hail, and tornados. Given the complexities of this insurance product solicitation and given that Chapter 252.024 of the Texas Local Government Code allows the City to utilize the services of our insurance broker of record, Lockton Companies, LLC (Lockton), to assist with competitively procuring this coverage. State of the Property Insurance Market: The property market in Texas is already difficult. Due to adverse weather and the continued annual losses in Texas due to wind and hailstorms, insurance carriers have left this market entirely or severely decreased their capacity to insure commercial property in Texas. Additionally, the growing frequency and severity of natural catastrophes – compounded by economic and social inflation, supply chain disruptions, infrastructure challenges, and more – are driving loss costs up. Due to these adverse conditions, property insurance rates accelerated in 2022 and have remained challenging for most buyers. Public entities are difficult for insurance carriers to insure due to the large concentration of property assets placed in small geographical areas. As carriers have left the public sector market due to losses, the remaining insurers are focusing on building valuations and restrictive language tied to them, such as sub-limits, and occurrence limits of liability endorsements. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com In Summer 2023, Risk Management staff engaged an outside vendor, Kroll LLC, to conduct an onsite property appraisal to update the City’s valuation of its property assets. While the value of many of the City’s property assets increased as expected, the value of others decreased or remained flat due to various factors such as the age and condition of the structure. To ensure the value of the City’s property assets remains current, values will be reviewed and adjusted annually. The total value of the City’s non-DME properties remained essentially flat; however, the new appraised values for the DME substations were not finalized by the time data was required for the submission of the 2023/24 property insurance renewal application. In consultation with the City’s broker of record, Lockton, values for DME substations were increased by 5% for the renewal application with the intent to increase values to the full value when finalized for subsequent renewals. Lockton marketed to five commercial property insurers who declined to quote due to the aggregation of assets in a small area experienced in the municipal market or could not compete with the premium and competitive coverage terms provided by the City’s incumbent property insurance carrier, Affiliated FM Insurance Company (AFM). The proposal received from the incumbent carrier, AFM, represents a 5% rate increase over last year, which is considerably more favorable than the broader commercial property market, which ranges between 10%-40%. Policy Term (Renews 10/1) Estimated Premiums and Estimated 3 Year Expenditure Policy Term 2023/2024 $810,431 Policy Term 2024/2025* $1,147,714 Policy Term 2025/2026 $1,492,028 Contingency (10% of Total) $345,017 Total $3,795,191 * Estimate of 2024/2025 premium includes an estimated $72,426 increase to 2023/2024 premium to accommodate adjustment to substation values and a 30% annual increase. Due to the impending completion of vertical construction projects for the City during this contract term, continued challenges in the municipal property insurance market, potential increases in property values based on market trends and fluctuations, and escalating costs for equipment, materials, and construction in the event of a loss, a conservative increase of 30% year over year was used in the above calculations to ensure the City has adequate spending authority approved for future policy renewals for the 2024/25 and 2025/26 policy years. RECOMMENDATION Approve the purchase of property, boiler, and machinery insurance coverage, in a three (3) year not-to- exceed amount of $3,795,191. PRINCIPAL PLACE OF BUSINESS Lockton Companies, LLC Kansas City, MO ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION This policy is budgeted and funded from the Risk Retention Fund account 860002.6703. Requisition #161960 has been entered into the Purchasing software system in the amount of $810,431. The budgeted amount of this item is $3,795,191. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Exhibit 3: Comparison Exhibit 4: Recommendation Letter Exhibit 5: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Sarah Kuechler, 940-349-8356. Legal point of contact: Marcella Lunn at 940-349-8333.