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Risk Management Audit Report - 12/30/2009 Risk Management Audit Report City of Tigard December 2009 Beecher Carlson INTRODUCTION The purpose of this report is to review the City of Tigard's risk management program and provide recommendations. The City of Tigard's insurance cost and claims experience are benchmarked against other public entities. Appreciation is extended to Kent Wyatt who was very helpful in the development of this report. This Risk Management Report has the following sections: 1. Overview of Risk Management 2. Cost of Risk 3. Liability (Third Party Claims) 4. Workers' Compensation Claims 5. Benchmarking 6. Recommendations RISK MANAGEMENT OVERVIEW The City's risk management program is directed by the risk management team with the following members: • Loreen Mills, Assistant to City Manager • Kent Wyatt, Management Analyst • Gary Smalling, Risk Management Tech Loreen oversees the risk management program. The author of this report is very impressed with the skills, detail and grace by which Loreen manages the risk management function along with all of her other responsibilities. Kent provides risk management support and Gary oversees claim processing and safety at the City. We reviewed the following risk management functions: Risk Management Administration Policies Workers' Compensation Safety Program Safety Committees OSHA Compliance Emergency Management BEECHECARLSON msu,nce Agency,LLC Passion. Innovation. Accountability. I2/2U/2n44 Pane 1 COST OF RISK For this report, the "Cost of Risk" is defined as insurance premiums and claims within the deductible. As defined in this report, this cost of risk does not include salaries and other risk management expenses such as materials and travel. Care must be exercised when comparing this cost of risk to national benchmarks which might include such other expenses. Total risk expenses are compared as a percentage of the City's operating expenditures. The following chart shows the cost of risk for the City. FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Property Insurance Deductible $1,000 $1,000 $1,000 $1,000 $1,000 - Premium $87,908 $73,548 $71,903 $97,415 $99,864 General & Auto Liability Each Occurrence $3,000,000 $3,000,000 $5,000,000 $5,000,000 $5,000,000 General Aggregate $9,000,000 $9,000,000 $15,000,000 $15,000,000 $15,000,000 - Deductible -Annual $0 $0 $0 $0 $0 Aggregate Premium $190,503 $197,083 $202,756 $196,524 $195,455 Auto Physical Damage - Deductible $100/$500 $100/$500 $100/$500 $100/$500 $100/$500 Premium $42,070 $42,298 $34,121 $32,065 $27,668 - Crime Excess $2,980 $1,411 $2,077 $2,077 ($250,000) Workers' Compensation Premium $184,788 $271,629 $316,727 $347,304 $271,974 Other Insurance Premium Highway Permit Bond $100 Flood Policy (City Hall) $1,322 Flood Policy (Storage) $280 Flood Policy (Modular) $574 Pollution $6,619 COST OF RISK Total Cost of Risk FY 2006 FY 2007 FY 2008 FY 2009 Total Premium $563,140 $636,543 $671,397 $682,203 Total Expenditures $27.7 $27.5 $33.7 $35.9 (millions) Cost of Risk 0.02 0.023 0.02 0.019 BEECHE .;ARLSON Insurance Passion. innovation. Accountability. I2Anonn9 Pane 2 LIABILITY THIRD PARTY CLAIMS Liability claims are from third parties (such as citizens) for bodily injury, property damage, automobile damage, or employment related claims. The City is insured through City County Insurance Services (CIS). The City has no deductible. Claims The following graph shows 10 years of liability claims history. $500,000 — — 45 =Dollar $450,000 — Number — 40 $400,000 — —Linear(Dollar) Linear(Number) — 35 $350,000 — — 30 $300,000 — z. �' — 25 '.4*"..11.""V $250,000 — — — 20 $200,000 — $150,000 — •••....•■e — 15 $100,000 — — 10 $50,000 — — — — 5 $0 I I ' ' I I I I I I I 0 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 Forecasted Claims Note the forecasted cost of claims is declining. Using a trend analysis, the expected claims are as follows: FY 2010: $124,100 FY 2011: $121,300 FY 2012: $118,400 BEECHER,<L:ARLSON insurance'assion. Innovation. Accountability. 12i2ni2nn4 Pang. Claims By Department The following graph shows the dollar amount of liability claims by department over the last five years. Dollar of Liability Claims By Department for Past 5 Years Parks 2% Water 20% Wastewater 18% Police 60% The police have the mostly costly claims, primarily due to one wrongful death claim. Only two other city claims have exceeded $20,000 in the last five years, one employment related and one water related. The following graph shows the number of claims by department for the last 5 years. Number of Liability Claims By Department for Past 5 Years Parks 13°/ Raods 17/a Police Water 18% 17% } 4° • P W Wastewater 29% BEECHER A ARLSON Insurance Agency,LLC Passion. innovation. Accountability. �7i'ni2nno Pang 4 The following graph shows the types of liability claims common for cities insured through CIS. (Source CIS) Average Liability Claims By Department for Oregon Cities (Source: City/County Insurance Services) Employment Roads .5% Public Works 20% 24% • Fire Liability 3% Sewer/Water ` 22% Sidewalks Police Related 12% 19% BEECHEy;CARLSOInsdrance yN Passion. Innovation. Accountability, 12/. n/2nn4 Pang WORKERS' COMPENSATION Workers' Compensation covers injuries to employees. Claims This graph shows the number and cost of workers' compensation claims over the last 11 years. Workers' Compensation Claims 450000 — — 50 400000 — 44 — 45 Cost — 40 350000 — •••••••Number 300000 — 34 Linear (Number) — 35 • Linear(Cost) — 30 250000 — 26 — 200000 \ / 22 :: 150000 — 7 18 14 14 — 15 100000 — 1 — 10 50000 — — 5 0 I I I I I I I f I I 0 FY FY FY FY FY FY FY FY FY FY FY 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 While the number of workers' compensation claims is declining, the cost trend is a concern. Note that in FY 2005, the city experienced a high number of claims and a high dollar amount of claims. Most private and public entities will have one or two years in ten years are outliers for the number and costs of claims. Forecasted Claims Note the forecasted cost of claims is increasing. Using a trend analysis, the expected claims are as follows: FY 2010: $96,500 FY 2011: $100,700 FY 2012: $104,900 BEECH E A,,f ARLSO\ Insurance Agency,LLC Passion. innovation. Ar: ountability, 17/102004 Pana A The following chart shows the cause of injuries for FY 2006 through FY 2009. I Infection l ] Altercation Common Caus4s of Injury Push/Pull Cut Object Handling Vehicle Injured by Animal .11.111MIEh Slip&Fall 111111111 Struck By 1 0 5 10 15 20 Claims By Department The following chart shows the dollar of claims by department as a percentage over the last five years. Dollar Amount of Claims By Department Over Last 5 Years Administration Star m✓vater Parks 2°/0 Library 3% Street 5% Water 1% 1% 6% �.,- — Wastewater — 23% Police — Building 54% 5% BEECHER ,ARLSON .,, Insurance Agency,LLC Passion. lnnovat 'Accountability. 12nni2nna Pana 7 The following graph shows the number of claims as a percentage by department over the last five years. Number of Claims By Department Over Last 5 Years Stormwater Parks 11% Street 9% 5% Library 4% Administration 9% Police Water 40% 12% Wastewater 5% --- Building 5% _ Experience Modification Factor The Experience Modification Factor is a benchmark of how your entity compares with other entities with the same classification of employees. Tigard has an experience mod under one (1)which is excellent. One way to view this is that Tigard pays 24% less in 2009 for workers' compensation than an average city. This is excellent. Year Experience Modification Factor 2009 .76 2008 .95 2007 .93 2006 .88 2005 .67 _ BEECHE 1 ARLSON insurance Agency,LLC Passion. Innovation At,CO ;ratability. 12/10/2n09 Pana R BENCHMARKING Cost of Risk Benchmark The following benchmark is Oregon cities "cost of risk". See page 3 of this report. _ Cost of Risk Benchmark of Oregon Cities 2.00% I 2% 1 .7% 1.8% 1 0 0 ° 1.5% 1.50%A, 1.0% 1.00%A = 0.50% 0.00% —1111115111 Apo 44/ii 09- 47,599 50,240 80,995 154,620 132,033 21,235 58,005 Tigard City City City City City City Cities in the above graph include (in alphabetical order) Ashland, Bend, Eugene, Salem, Springfield, and Roseburg. All the other entities in this comparison are self insured for workers' compensation, general and auto liability, or both. BEECHELARLSON Insurance Agency,LLC Passion. Innovation, Accountability, 12/.4n/2nnc Pana Q CITIES IN OREGON BENCHMARK General Liability Beecher Carlson surveyed cities in Oregon and compared the number of liability claims in FY2008 to the total population. The following graph shows the results. Number of Claims/Population Liability Only-Not Auto 26040 17160 I 24400 I 47150 .11111111IIIIM Tigard 10370 100655 I I CC 21235 R 25445 I I I Q. 76850 I I d 9735 58005 I I 80995 I I 20915 I 6635 ' I 9445 21485 I 0 0.2 0.4 0.6 0.8 1 1.2 1.4 This graph shows the total dollar amount of claims in 2008 divided by total population. Dollar of Claims/Population 100655 76850 47150 17160 58005 80995 � C 26040 o - 24400 a 9445 d 9735 I I 21485 I � 25445 I 20915 I I � 21235 I 10370 I I I 6635 � 1.00 2.00 3.00 4.00 5.00 The following graph shows the CIS loss ratio (claims/premium). BEECHE ARLInsuranSON gency,cI.0 Passion. Innovation. Accountability. 'I 2i.ni7nn4 Pana 1n Om, "'N‘ CIS Loss Ratio's 5 Year Average 100655 58005 I 47150 1111111.1111111111. Tigard '.% 80995 21485 i i I 9445 I C 24400 17160 � 0- 76850 d 26040 i I 9735 20915 6635 25445 � 10370 I 21235 0 10 20 30 40 50 60 70 Three important lessons are learned from the above graphs: 1) The overall cost of risk for the City of Tigard is average as compared to other Oregon cities. Those cities with lower cost of risk are self-insured. 2) The number of liability claims is low compared to other Oregon cities. This suggests that Tigard has less reported claims than the average city. 3) The cost of liability claims is average as compared to other Oregon cities. CIS BEST PRACTICES CIS requires cities to complete a risk management best practices survey. The City of Tigard has completed the survey and is in the top 10 percent of cities with the best practices. CIS recommends the following in order to obtain a higher score. 1. Incorporate a functional skills test for all potential employees (those not currently tested). 2. Review job descriptions annually with each employee during performance evaluations. 3. Require post offer medical exams for safety sensitive positions. 4. Complete job descriptions for all volunteer positions (Tigard does for many volunteer positions) 5. Eliminate all personal use of city-owned or city-leased vehicles. 6. Training in irregular and suspicious activities of employees who handle cash and finances of city. 7. Eliminate volunteer workers under 18. BEECHER A:ARLSON 41surance Agency,LLC Passion. inns= t.ion. Accountability. 12/gnt2nn4 Pana 11 Tigard earns 89 percent on the CIS best practices survey. This is an excellent score and compares favorable to other Oregon cities. Benchmark Meter 40 ai 60 70 30 80 20 it 90 10 m BEECHER CARLSON RISK MANAGEMENT BEST PRACTICES -. Beecher Carlson is Tigard's agent of record. Ron Cutter from Beecher Carlson serves as the City's primary broker. Scott Moss and Tim Clarke serve as risk management and claims consultants to the City. Beecher Carlson provides agent of record services to over 120 public entities in Oregon. Beecher Carlson recommends 84 best procedures and practices for cities. The City of Tigard completes 77 of the 84 for a total of 92%. (See appendix) From our observations, the City of Tigard does the following risk management functions better than any other city in Oregon. 1. Driving Safety: Tigard does a better job of reducing vehicle accidents than other cities, including: • Checking driver records • Making drivers accountable • Providing driving safety courses 2. Subrogation: Gary in risk management does an excellent job of holding responsible parties accountable for damages of city property and vehicles. 3. Emergency management: The City takes an active role in emergency management. City leaders are trained in the Incident Command System. The following speedometer shows the result of the risk management audit. We commend Tigard for obtaining a 92% on our audit. BEECHER, .:ARLSON insurance Agency,LLC -'assion. Innovation. Accountability. 2i1ni7nn4 Pana 12 The following speedometer shows the result of the risk management audit. We commend Tigard for obtaining a 92% on our audit. Benchmark Meter 40 50 60 70 30 80 20 it 406 10 �� RECOMMENDATIONS 1) Incorporate an Executive Risk Management Committee The Executive Risk Management Committee meets regularly to establish a risk management vision, set objectives, find resources, set priorities, communicate action plans, review claims, promote safety, etc Beecher Carlson is happy to participate in these meetings. 2) Prepare a risk management procedures manual. This manual documents risk management procedures and practices. Attached are common topics in a risk management manual. 3) Continue to look at options to take on more retention. Loreen and Beecher Carlson have looked every year at taking on higher deductibles. Thus far, the risk/return has not been enough to justify the higher deductibles. Yet it is important to continue to analyze the potential savings. 4) The City may want to consider allocating premium dollars to operating departments based on exposure and claims. This helps departments be more aware and accountable of claims experience and would promote higher retention levels in the future. 5) We recommend the citywide safety committee review the City's safety program annually. 6) We recommend a collision review board be created to analyze all city vehicle collisions. The Police Department currently does this type of review. The board should be separate from the citywide safety committee. BEECHES CARLSON !insurance Agency,LLC :assign. lion. Accountability. I2Ani2nn4 Risk Management Manual I) Risk Management Program RM Mission Statement RM Objectives RM Committee Members Responsibilities Department Director RM Responsibilities Supervisor RM Responsibilities Each Employees RM Responsibilities RM Program Administration Acting RM Duties RM Budgeting & Allocation RM Reporting II) Risk Management Finance Insurance RM Committee Role List by policy Deductible approval Professional Services (actual names in attachment) Insurance Consultant RM Consultant Adjustor Actuary Contractors General Liability Employees covered Claims process (Tort Claims) Litigation (Summons) Vehicle City Vehicles Personal Vehicles Contractor Vehicles Rental Vehicles Claims Process Workers' Compensation Coverage Claims Process RTW Property Owned property Facility use by general public Non-owned property Claims Process Public Officials Bond Who insured Crime Policy Environmental Policy Claims Reporting BEECHER CARLSC)N insurance Agency,LLC Passion. Inn= ecc untability. 12/ fl/2nn4 Pane. 14 Approval III) RM Procedures Special Events Contracts Insurance Requirements Public Improvements Personal Services Professional Service Indemnity Requirements Bond Requirements Additional Insured and Certification Approval of Exceptions New Construction Related Ordinances (weed, sidewalk, snow, etc) BEECHER /CARLSON aisu;ance Agency.LLC Passion. i Accountability. 12i.Rni2nn.Q Pang)15 Risk Management Audit Evaluation Date: 12/30/2009 Evaluation Criteria Ranking Yes/No _ Enter 1 =Yes Enter 0=No Risk Management 1. Risk Management Program Documented(Sometimes called RM Policy) 0 2.Risk Management Executive Team 0 3.Points on CIS Best Practices 1 4. Risk Management Budget 1 5.Cost allocation system based on experience? 0 6. Ongoing RM reports to management? 1 6.Special events team? 1 7. Serious claims and all long-term abxences reveived and plans made 1 8. Vehicle schedule maintained for new and disposed 1 9. Property schudule maitained 1 10. Contract manual? 1 11.Certificate of insurance management 1 12. Vehicle use policy 1 13. Drvier training 1 14.Drying qualification and priveleges criteria 1 15.Risk identification in construction 1 16.Accident reporting 1 Policies 1.Sidewalk 1 2.Snow removal 1 3.Weed Control 1 4.Cross walks 1 5.Red flag&Consumer Protection 1 6.Volunteer 1 7. Construction projects 1 8.Workplace violence 1 9. Facility use 1 10. Utility Locates 1 11. Security-key cards 1 12.All policies reviewed every 3 years with values and immunities in mind 0 Workers'compensation 1.801 Reporting Plan 1 2.Regular claim reviews 1 3. Return to work prgram 1 4.Managed care organization N/A 5. EAIP funds 1 6.OSHA 300 Log 1 Safety Program 1.Do you have an effective safety program? 1 2. Is the program in writing? 1 3.Are managers and supervisors held accountable for 1 safety results? 4. Is Management visible in a leadership role providing 1 motivating force for an effective safety program? 5.Are accident investigations in writing? 1 1 6.Are supervisors given the appropriate forms and training? 1 7. Is there evidence that corrective action is taken? 1 8.Are all loss-producing accidents and near misses 1 investigated for root causes and corrective action taken? 9. Do you have an effective new employee safety 1 training program? 10. Is safety in performance reviews? 1 Safety Committees 1. Is there an established safety committee? 1 2. Do they recommend changes in 1 policies or procedures as deemed necessary? 3. Do they meet monthly,set agenda's&keep minutes? 1 4.Are safety committees trained? 1 5. Do safety committees review all accident investigations? 1 6. Do safety committees perform quarterly inspections? 1 7. Do safety committee review safety policy annually? 0 Inspections 1.Are routine physical inspections of the workplace and equipment 1 conducted? 2. Do supervisors dedicate time to observe work practices and other 1 safety conditions in the work area? Emergency Action Plans 1. Does the employer have emergency response plans prepared by 1 persons with specific training? 2.Are appropriate alarm systems in place? 1 3.Are employees trained in emergency procedures? 1 4. Does the emergency response plan extend to spills and incidents 1 in routine production? 5. Is there adequate supplies of spill control and PPE available for 1 appropriate hazards? 6.Are evacuation drills conducted no less than annually? 1 7. Has the plan been reviewed by the local fire department? 1 8.Are procedures in place for terminating an emergency response 1 condition clearly defined? 9.Are personnel with certified first aid skills always available onsite ( 1 and is their level of expertise appropriate to the hazards of work? 10. Is the adequacy of first aid formally reviewed after significant incidents? 0 OSHA Policies Safety Policy 1 Safety&Risk Employee Orientation 1 Safety Goals&Objectives Annually 0 First Aid&CPR Training 1 Fire Extinisher 1 Hearing Conservation 1 _ Hazardous Communication 1 Lockout/Tagout 1 Respirator Protection N/A Personal Protective Equipment 1 Confined Spaces 1 Fall Protection 1 Emergncy Response 1 Bloodborne Pathogens 1 Forklift 1 Fire Drills 1 Asbestos and Lead Management 1 Fleet&Driver Safety 1 — Ergonomics 1 Bleechers Inspections 1 2 Playground Inspections 1 Posting of Labor Notices 1 SINEINIf Overall Results Yes No v , Ranking: -:::7 m $ 3