FY1982 02/23/1982
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BRANCI-l OFFICE
~! : -:- O'./ERSEAS !-1IGH\VA Y
CLERK OF THE CIRCUIT COURT
16TH JUDICI~.\L CIRCUIT
~10NROE COUNTY
500 \VHITEHEAD STREET
I<EY WEST, FLORID.t~ 33040
TEL. (305) 294-4641
BRANCH OFFICE
lV1.;\R.A.THOi'~. FLlJRIDA 33050
TEL. (305) 743-9036
P.o. BOX 379
PLANTATIO~J I(EY, FLORIDi~ 33070
TEL. (305) 852-9253
RECORDER
COLLECTOR OF DELINQUENT TAXES
COUNTY CLERI(
COUNTY AUDITOR
March 4, 1982
Gallagher Bassett Insurance Service
Arthur J. Gallagher & Company
Koger Executive Center
8355 N.W. 53rd Street, Suite 215
Miami, Florida 33166
Dear Sir:
The Board of County Commissioners at a regular meeting in formal
session on February 23, 1982 authorized execution of an Agreement
for Services by and between the Monroe County Board of County
Commissioners and Arthur J. Gallagher and Company - Florida,
Gallagher Bassett Insurance, Service a Division of Arthur J.
Gallagher and Company.
Enclosed please find a certified copy of the resolution and
agreement.
Very truly yours,
Ra 1 p h ~.J. Wh i t e
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
by
Deputy Clerk.
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cc: Pedi Debevec, Finance Deptw
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Ellclosure
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AGREEMENT FOR SERVICES
THIS AGREEMENT made this first day of October by and between the MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS hereinafter referred to as "EMPLOYER" and Arthur
J. Gallagher and Company - Florida, Gallagher Bassett Insurance Service, a Division
of Arthur J. Gallagher and Company, an Illinois Corporation, authorized to do
business within the State of Florida, hereinafter referred to as "SERVICE AGENT".
I. TERM
This Agreement shall take effect October 1, 1981 and shall continue in effect
for one year.
II. CANCELLATION
This Agreement may be cancelled at any anniversary by either party giving the
other written notice of cancellation ninety (90) days prior to such anniversary
date.
III. COMPENSATION
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS shall pay SERVICE AGENT for services
rendered herein the 1st year sum of $20,000.00 Minimum and Deposit. At each
anniversary date of this Agreement the prior year fee shall be adjusted by any
change in the C.P.I. for Urban Wage Earners and Clerical Workers (CPI-W) based
upon the United States Consumer Price Index, "All Items" for the latest twelve
month period published as of the anniversary date. Any adjustments based upon
changes in workload will be as mutually determined by EMPLOYER and SERVICE AGENT.
SERVICE AGENT agrees to notify EMPLOYER in writing of any increase in service fee
based on changes in workload thirty (30) days prior to first anniversary and
nienty (90) days prior to subsequent anniversary.
IV. OBLIGATIONS
SERVICE AGENT will supervise and administer its obligations under the Risk
Management Plan of the EMPLOYER in full compliance with all applicable laws, rules
and regulations governing the administration of the self insurance portion of
the program; and SERVICE AGENT will act as the representative of the EMPLOYER in
all matters related to such administration and will perform fully all the below
listed functions:
A. CLAIMS:
1. Complete handling of all loss adjustments, inyestigations and
settlements falling within the EMPLOYER'S self insured retention.
2. Maintain a claim file for each reported claim, submit monthly
experience reports, provide complete accounting for the program
which at all times is subject to review by the EMPLOYER.
3. Recommend claim reserves and provide a continuous review and
updating of these to reflect changes.
4. All sizable and unusual claims will be reviewed by SERVICE
AGENT'S internal legal staff at no additional charge to the
EMPLOYER.
5. Coordinate investigations on litigated claims with attorneys
approved by the EMPLOYER and with adjusters and attorneys of the
excess insurance carrier as required.
6. To obtain approval from the EMPLOYER'S Director of Risk
Management before paying any claim in excess of Ten Thousand
Dollars ($10,000.00) and to furnish precautionary reports on all
serious claims.
7. Be available to consult with the EMPLOYER'S Director of Risk
Management on any related claim matters and to make available
SERVICE AGENT'S staff of professionals to assist in achieving
a successful risk management program.
8. In the event of cancellation of this Agreement to perform these
services with the EMPLOYER and continue to handle all pending
claims on the following terms: SERVICE AGENT will receive 18.75%
of all the renewal annual fee. However, the EMPLOYER shall have
the right to take possession of all claim files upon termination
of this Agreement. The EMPLOYER agrees to indemnify, protect,
save, and keep harmless Gallagher Bassett Insurance Service and
Arthur J. Gallagher and Company from any and all loss, cost,
damage, or expense arising out of the administration and handling
of any claims after these records and files have been returned.
9. Assist in the collection of claims against others for damage to
EMPLOYER'S property and make recommendations regarding salvage
matters.
10. Provide all necessary personnel to perform the services agreed
upon herein.
B. LOSS PREVENTION:
SERVICE AGENT'S Loss Prevention services will be provided in the
following areas:
1. Assist Director of Risk Management in development of the Safety
and Loss Prevention Program.
2. Assist in conducting facilities inspections/presentations.
Following such inspections/presentations, reports and recommendations
will be submitted to the Director of Risk Management with respect
to the identification, measurement and control of loss producing
causes in the areas of:
a. Physical facilities other than boiler and machinery
b. Public Liability
c. Workers Compensation
3. Provide analysis of computerized loss date to identify and control
loss problem areas.
C. SERVICE AGENT will prepare computerized loss date which will detail
loss experience as follows (or such other detail and format as Director
of Risk Management may deem appropriate) :
1. Type of claim
2. Employee or claimant name
3. Date and nature of injury
4. Payments made
5. Reserve for future payments
With sorting and summaries by:
1. Locations
2. Dollar amounts paid and reserved
3. Accident cause and frequency
4. Type of coverage
5. Other reports
V. CONSIDERATION
The promises made and the obligations assumed by each party to this Agreement
are made and assumed in consideration of the promises made and the obligat.ions
assumed by the other Party to this Agreement.
The EMPLOYER is making this Agreement specifically with the SERVICE AGENT and
that same is intended to be a personal service Agreement.
SERVICE AGENT shall not assign this Agreement or any responsibilities pursuant
to said Agreement without the express consent of the EMPLOYER.
The parties hereto, may, by mutual written agreement, change the scope of services
or the amount of compensation set forth hereinabove in this Agreement.
VI. EQUAL OPPORTUNITY CLAUSE
In consideration with the execution of this Agreement, the EMPLOYER and the
SERVICE AGENT shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, or national origin. The
EMPLOYER and SERVICE AGENT shall take affirmative actions to insure that the
applicants are employed and that employees are treated fairly during their
employment without regard to race, religion, color, sex, or national origin.
Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment, or recuitment advertising,
layoff, or termination, rates of payor other forms of compensation; and
selection for training, including apprenticeship.
VII. SIGNATURES
In Witness Whereof, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS and SERVICE AGENT
agree to the above terms, conditions, and provisions and hereby cause this
Agreement to become effective.
WITNESS
Clerk
TITLE AND DATE
WITNESS
GALLAGHER BASSETT INSURANCE SERVICE
ARTHUR J. GALLAGHER AND COMPANY (FLORIDA)
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VI. EQUAL OPPORTUNITY CLAUSE
In consideration with the execution of this Agreement, the EMPLOYER and the
SERVICE AGENT shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, or national origin. The
EMPLOYER and SERVICE AGENT shall take affirmative actions to insure that the
applicants are employed and that employees are treated fairly during their
employment without regard to race, religion, color, sex, or national origin.
Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment, or recuitment advertising,
layoff, or termination, rates of payor other forms of compensation; and
selection for training, including apprenticeship.
VII. SIGNATURES
In Witness Whereof, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS and SERVICE AGENT
agree to the above terms, conditions, and provisions and hereby cause this
Agreement to become effective.
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WITNESS
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GALLAGHER BASSETT INSURANCE SERVICE
ARTHUR J. GALLAGHER AND COMPANY (FLORIDA)
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