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08/02/1988 AGREEMENT FOR RISK MANAGEMENT AND INSURANCE CONSULTING SERVICES THIS AGREEMENT is made and entered into this o e h ,1 day of 4 V , ,� , 1988, by and between the BOARD OF COUNTY COMMIS - SIORS OF MONROE COUNTY, FLORIDA, hereinafter called the "CLIENT" and STANFORD & CO., whose address is 100 Second Avenue South, Suite 205, St. Petersburg, Florida 33701, hereinafter called the "CONSULTANT." WITNESSETH: WHEREAS, CLIENT desires to retain an insurance consulting firm to assist in making proper determinations in risk management and insurance matters, including Property, Casualty, Workers Compensation and Employee Benefits programs; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises contained herein, the parties agree as follows: RETAINER SERVICES The CONSULTANT agrees to provide professional risk manage- ment and insurance consulting services to the CLIENT on a retainer basis as requested by the CLIENT. Specific services offered by the CONSULTANT under this Agreement include: 1) Policy Kit 2) Self- Insurance Feasibility 3) Availability of Personnel 4) Examination of Documents 5) Specifications 6) Other Services More specific detail of services provided is included on pages 10 through 14 of the CONSULTANT'S proposal to the CLIENT dated June 7, 1988. The CONSULTANT'S entire proposal, pages 1 through 14, is an integral part of this Agreement and is therefore incorpora- ted by reference into this Agreement. COMPENSATION OF CONSULTANT The CONSULTANT shall be compensated for services performed under the terms of this Agreement on the following basis: Monthly Invoices - On the 20th of each month after which services have been performed, the CONSULTANT shall submit an invoice showing the hours expended by specific personnel and the rates shown in the FEE SCHEDULE. CLIENT shall be charged for actual hours expended. Customary out -of- pocket expenses (including duplication, printing, long distance calls, postage, fax, travel and lodging) are included in the hourly rate. FEE SCHEDULE Rate /Hour Class I: Senior Consultants who have $110 professional designations (CPCU, CLU, RM, AIU, JD, PE, MAI FCAS, ChFC, etc.) or who have 10 years experience in their special fields. Class II: Subcontracted Legal Counsel and /or Prevailing Actuarial Services Rates* Class III: Administrative - Persons involved $ 30 in clerical and recordkeeping matters. *Subject to Board's prior approval of hourly rates. AUTHORIZATION FOR SERVICES The CONSULTANT shall perform services under the direction of the CLIENT'S designee. NO CONFLICT OF INTEREST The CONSULTANT assures the CLIENT that the firm acts solely in its capacity as the CONSULTANT. The CONSULTANT shall not participate in commissions from any insurance company, agent or broker, nor accept any income related to this assignment other than that agreed to in this Agreement, or as may be modified by mutual agreement of the parties in future renewals of the Agreement. Further, the CONSULTANT assures the CLIENT that, to the best of its knowledge, the signing of this Agreement does not create any conflict of interest between itself, its associates, any principal of its firm, or any member or employee of the CLIENT. TIME OF PERFORMANCE AND CANCELLATION The term of this Agreement shall begin with the date of its execution and shall terminate one year thereafter, provided, however, that the Agreement may be terminated earlier by either party with or without cause upon sixty (60) days written notice. The Agreement is subject to annual renewal for four (4) additional one -year periods at the option of the Board, subject to appropriation of funds for each fiscal year. 2 EXECUTION OF 'AGREEMENT IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: &`.. Ma � /Chairman (SEAL) AttestDANNY L. KOLH.ACE, Clerk ' /. '/ / / p An..;............_ 4 ' - _ _ — - . er / STANFORD & CO. BY: - %1%/!, ��, 'ar . tan' or• f 'resi•ent 1 - • r , , ....4.1■.•■61 4 ( e Ally2pillf Witnesses iPPP0i.' AS 70 p- d FORM A°'.r(7I. ?f. {.) FOar Y. Afr„,-'r-? e+ Cr,h i G' 3 • SECTION'IV PROPOSAL FORM PROFESSIONAL RISK MANAGEMENT AND INSURANCE CONSULTING SERVICES BOARD OF COUNTY COMMISSIONERS OF b{ONROE COUNTY, FLORIDA IDENTIFICATION OF FIRM Stanford & Co. NAME OF FIRM: Insurance Consultants Employee Benefits: RM, PC, WC: ADDRESS FROM 1VHICH 100 2nd Avenue S. , 1111 N. Westshore Blvd., PRIMARY SERVICES Suite 205 Suite 208 WILL BE PROVIDED: St. Petersburg, FL 33701 Tampa, FL 33607 TELEPHONE NUMBER: (813) 822 -4880 (813) 287 -1040 FAX:(813) 822 -4679 FAX:(813) 822 -4679 FLORIDA LICENSES Indicate below the names of the individuals and the Florida Insurance Licenses held for those consulting personnel likely to be providing direct consulting services to Monroe County for Property and Casualty (PC), Workers Compensation (WC), and Employee Benefit (EB) matters respectively: NAME OF CONSULTANT FL. LICENSES SERVICES (PC,EB,WC) Mary L. Stanford, Lead Consultant Life & Health lrmplovae Benefits Employee Benefits Property & Casualty Neal L. Bates Life & Health tmo1oyee Benefits Lawton L. Swan, III, Lead Consultant Property & Casualty Property & Casualty RM, PC, WC Life & Health Workers Compensation ,lnsenh F. Brown Property & Casualty Property & Casualty Workers Compensation IV -1 1 MINIMUM INSURANCE COVERAGE Is your firm willing to maintain a minimum of $1,000,000 of Professional Liability Insurance at all times during which your firm would be providing services the the Board and, if such coverage is on a claims basis, maintain such coverage either through the use of a claims made contract or discovery provision of three years after conclusion of all services for the Board? Yes, SPP riPtailc nn page 7, insurance Coverage MANDATORY EXPERIENCE WITH FLORIDA GOVERNMENT SELF - INSURED PROGRAMS In order for your proposal to be considered by the Board, the specific consulting personnel to be assigned to Monroe County's Account must have had first -hand experience since January 1982 in providing consulting services to one or more Florida Political Subdivisions with respect to: 1) A self- insured Group Health Program provided by the client; 2) A self- insured Workers' Compensation Program maintained by the client. 3) A self- insured Liability Program maintained by the client. SELF - INSURED GROUP HEALTH PROGRAM South Broward Hospital District NAME: a /k /a Memorial Hospital: Hollywood. Florida CLIENT CONTACT: Ralph Rettig, Benefits Manager (Personnel Department) TELEPHONE NO: (305) 985 -5814 DATE SERVICES LAST PROVIDED: 1984, 1985. 1988 TYPE PROGRAM: 1984: Designed Group Health Cost Containment Benefits. Prepared specifications for Group Life Insuran :e SERVICES PROVIDED: and Administrative Services for Self- Insured Group Health and Dental Plans. Analyzed proposals rPrei verd and rarnmmended hpct rropoSalS. 1985: Prepared specifications for Excess Group Health insurance, Individual Health Conversion Policy, Group Long -Term Disability and Individual Long - Term - Disability Plans. Ana 1 y 7Pri rrnrnca 1 c and rarnmmanriart hart plans 1988: Prepared specifications, including cost containment benefits design, for Self - Insured Group Health and Dental Administrative Services and Excess' Insurance The Following Individuals Who Were Actively Involved In Providing Coverages. Services For This Self- Insured Program, Will Also Be Actively Involved In Providing Services To Monroe County: Mary L. Stanford, while a Senior Consultant with Siver Insurance Management Consultants, was personally responsible for all phases of these projects as listed above. Ms Stanford resigned from Siver before proposals were received in 19RR, and analycic wag p rfnrmerd by Siver personnel, • IV -2 2 SELF - INSURED LIABILITY /WORKERS' COMPENSATION PROGRAM NAME: St. Petersburg Junior College 8580 66th Street N., St. Petersburg, Florida CLIENT CONTACT: Nevis Herrington TELEPHONE NO: (813) 341 -3204 DATE SERVICES LAST PROVIDED: November 1987 TYPE PROGRAM: Self - Insured & Consortium COVERAGES INCL.: Workers Compensation. Auto, General Liability, Professional Liability. and Property SERVICES PROVIDED: Reviewed existing programs. prepared specifications, analyzed proposals, considered alternatives, and recommended coverages to be provided. The Following Individuals Who Were Actively Involved In Providing Services For This Self- Insured Liability /Workers' Compensation Program, Will Also Be Actively Involved In Providing Services to Monroe County: Lawton Swan III, CPCU, CLU, ARM EXPERIENCE WITH FLORIDA GOVERNMENT PROGRAMS As an enclosure with this Proposal include a listing of Florida Government clients for whom the firm has provided insurance or Risk Management Consulting services since 1982. For Representative Florida clients include the name and address of the client, the client contact, the period during which services were rendered and a general description of the consulting services provided. (See pages 21 through 25). OTHER RELEVANT EXPERIENCE As an enclosure with this proposal include a listing of other relevant clients for whom services have been provided by the firm since 1982, 'which is indicative of the scope of resources and services available from the firm. For such clients include the name and address of the client, client contact, the period during which services were rendered and a general description of the consulting services provided. (See pages 26 through 29) . FAMILIARITY WITH APPLICABLE LAW (See page 8). As an enclosure with your proposal include a description of any special qualifications of the personnel to be providing services to Monroe County which are indicative of working familiarity with the law both as respects insurance and Risk Management in general and IY -3 3 its applicability to Florida Government in particular. In addition, include a description of the procedures and resources available. to the. personnel to keep current on these matters. STAFF QUALIFICATIONS The following individual will be the lead consultant for Property a casualty matters: NAME OF INDIVIDUAL OFFICE ADDRESS Lawton Swan III, CPCU, CLU, ARM 1111 N. Westshore Blvd., Suite 208 Senior Consultant Tampa, Florida 33607 (See resume on page 17). TelPphone• (81-3) 7R7 -1nQn In addition to the above lead Consultant, indicate in the following space the names of those Associates likely to be actively involved in the providing of Property and Casualty Services to Monroe County: .1nseph F. Rrnwn, f'PCII 1111 N. Westshore Blvd., Suite 208 Senior Consultant Tampa, Florida 33607 (See resume on page 18). Telephone: (813) 287 -1040 The following individual will be the lead Consultant for Employee Benefit matters: NAME OF INDIVIDUAL OFFICE ADDRESS Mary L. Stanford, CLU, ChFC 100 Second Avenue S., Suite 205 Owner of Stanford & Co. St. Petersburg, lorida 33701 Senior Consultant T 1 phone• (8 ?�_tiRRn In e to the teat Consultant, indicate in the following space the names of those Associates likely to be actively involved in the providing of Employee Benefit Services to Monroe County: Neal L. Bates, CEBS 100 Second Avenue S., Suite 205 Senior Consultant St. Petersburg, Florida 33701 (See resume on page 16). Telephone: (813) 822 -4880 The following individual will be the lead Consultant for Workers Compensation matters: NAME OF INDIVIDUAL OFFICE ADDRESS Lawton Swan, III, CPCU. CLU. ARM 1111 N. Wectshnrp Rlvd , ci'itp 208 Senior Consultant (See resume on page 17). Tampa, flnriria 114117 In addition to the above lead Consultant, indicate in the o llow i ng s pac e$ h n a 8 m e s of those Associates likely to be actively involved in the providing of Workers Compensation Services to Monroe County: _fns .ph E Brown, CPCU 11 1 1 N. WPcfchnre Blvd , suite 208 Senior Consultant Tampa, Florida 33607 (See resume on page 18). (813) 287 -1040 Additional Resources: Gary Travnicek, Actuary (See page 19). Roberta WatsoN Zax Counsel (See page 20). 4 As an enclosure with your Proposal include a resume of the desiganted lead Consultant(s) and of those Associates of the firm previously listed as Associates likely to be actively involved in providing services to Monroe County. The resumes should include any applicable degrees or designations held. (See pages 15 through 20) . FEE STRUCTURE Describe in the following space (or in an enclosure) the proposed fee structure offered by your firm. Include the hourly rates which will apply to the personnel listed in Staff Qualifications. Address any maximum feature available. Hourly rates for all Senior Consultants (included on pages 15 through 18) - $110. There will he no additional costs to Monroe County, (i.e., travel, telephone, photo- copies. other out -of- pocket costs shall be the responsibility of the proposer). Clerica support is billed at the hourly rate of $30. Subcontracted services, if required, will be billed at prevailing rates, passed through from the provider to Monroe County without mark -up. SPECIFIC SERVICES TO BE PROVIDED Indicate below any of the specific services enumerated in "Specific Services To Be Provided" in Section III of this request which are not available from your firm either on a direct or subcontracted basis. Also indicate any services which would be subcontracted by your firm to Independent Contractors. Describe the usual method for obtaining and billing such services from Independent Contractors. All services enumerated in "Specific Services to Be Provided" in Section Iii of the request for proposals are available directly through Stanford & Co., its associates, and on a subcontracted basis. All billings for services shall be processed through Stanford & Co. for Risk Management and Insurance Consulting matters, and will be documented as to time (to the nearest quarter hour) and the services provided. Subcontracted charges for actuarial and legal services (Gary Travnicek, Wakely & Associates, and Roberta C. Watson, 3D) will be at their prevailing rates of $100 -$140. These Theseeservicesewilllonnlyobe Stanford utilizzed with for opass approval through at actual cost to the Board of the Board. advance approval IV -5 5 Supplement to Proposal Pages Proposal for Consulting Services for The Board of County Commissioners Monroe County, Florida General Description of Services Sought We are responding to The Board's request for proposals for professional Risk Management and Insurance Consulting Services, including matters relating to Property, Casualty, Workers Compensation, and Employee Benefit programs. Each of the professionals Stanford & Co. will assign to The Board's project have provided consulting services to government and private enterprise in Florida for ten years or more. We believe the interests of The Board will be served best through assignment of a lead consultant specifically responsible for Property, Casualty, Workers Compensation, and overall Risk Management; and a separate lead consultant specifically responsible for Employee Benefit matters. Each of these categories has become extremely complex in recent years due to federal and state Iegislation, and industry changes. The most thorough and cost efficient consulting services can, in our opinion, only be provided by professionals who spend nearly i00% of their time keeping current with changes in their respective areas of expertise, especially as related to proposed and enacted legislation which may affect the client's programs. Lead Consultants who will be assigned to The Board's • project are: Mary L. Stanford, CLU, ChFC Employee Benefits Owner, Stanford & Co. and Related Matters Senior Consultant Lawton Swan III, CPCU, CLU, ARM Risk Management, Senior Consultant Property, Casualty Workers Compensation Licensing Each of the lead consultants is Iicensed in Florida for both Property and Casualty, and EmploYee Benefit coverages (Life, Health, and associated coverages). Other consultants who will be assigned to The Board's project are Iicensed in Florida in their respective specialties. 6 Monroe County Proposal for Consulting Services Insurance Sales We neither engage in the sale of insurance coverages, nor accept commissions or fees from insurance companies, agents, or brokers. All of our income, and that of the respective consultants, assigned to this project is derived from fees paid by clients for whom we perform consulting services. Insurance Coverage The consultants will provide The Board with certification of professional liability during the term of services provided, and for three years after conclusion of all services performed under the agreement, through insurance and other risk management mechanisms. Self - Insured Plans - Florida Government 1) Employee Benefits Lead Consultant, Mary L. Stanford, CLU, ChFC, has had (among other governmental experience) first -hand experience with Self- Insured Group Health Plans provided by the City of Jacksonville and South Broward Hospital District (a /k /a Memorial Hospital, Hollywood, Florida) for their respective employees. The consulting assign - for these clients were subsequent to January 1982. 2) Lead Consultant, Lawton Swan III, CPCU, CLU, ARM, (together with other experience with governmental clients) has had first -hand experience since 1982 with Self- Insured Workers Compensation Programs and 3) Self- Insured Liability Programs maintained by both St.Petersburg Junior College, St. Petersburg, Florida, and Pinellas Suncoast Transit Authority. Largo, Florida. 7 Monroe County Proposal for Consulting Services Other Governmental /Private Experience The consultants have been involved in varying degrees over the past ten years with governmental programs, and private industry programs. Partial lists of both governmental and private clients are included in this proposal on pages 21 and 26. Specific references to governmental and private industry clients, including name, address, client contact, period of consulting services, and type of consulting services performed are included in this proposal on pages 22 through 25 (government) and 27 through 29 (private industry). Florida Law All of the consultants assigned to The Board's project are familiar with Florida Law as it relates to their specific areas of expertise. In addition, our firm uses the services of Roberta C. Watson (see resume), Tax Counsel with the Law Firm of Trenam, Simmons in Tampa, Florida, as needed for legal support, and to provide written opinions on specific matters. Other counsel is available in a variety of legal specialties. Computer support in communications permits us access to Westlaw as needed for reference to insurance case law and research. University Law Libraries in St.Petersburg and Tampa are utilized as needed for in -depth research for Risk Management and Insurance Programs. Lead Consultant Lawton Swan III, CPCU, CLU, ARM, has engaged in authoring text materials for the Bar Association. In addition, all consultants subscribe to legislative publications which regularly provide data on proposed and enacted federal and state legislation which may affect the client's programs; e.g. on -line service with the National Underwriter. The consultants also rely on Florida Statutes (current copies maintained in consultant's office) as published, updated, and utilized for other consulting clients over the years. Education is ongoing in the consulting specialties through participation in recertification programs, research, seminars, and joint activities with other consultants. 8 Monroe County Proposal for Consulting Services Qualifications of Consultants Professionals assigned to provide consulting services as requested by The Board are listed below with their respective specialties. Resumes are included on pages 15 through 20. Mary L. Stanford, CLU, ChFC Lead Consultant Senior Consultant and Employee Benefits Owner of Stanford & Co., and related matters Insurance Consultants Neal L. Bates, CEBS Employee Benefits Senior Consultant and related matters Lawton Swan III, CPCU, CLU, ARM Lead Consultant Senior Consultant Risk Management, Property, Casualty, Workers Compensation • Joseph E. Brown, CPCU Risk Management, Senior Consultant Property, Casualty, Workers Compensation Actuarial Services As Needed... Gary Travnicek, ASA, MAAA Employee Benefits/ Actuary, Wakely & Associates Risk Management, Property, Casualty, Workers Compensation Legal Services As Needed... Roberta Casper Watson, JD Employee Benefits Other Recommended Legal Support... Available as and if Riden & Watson, P.A. Needed...Risk Management, Property, Casualty, Workers Compensation 9 Monroe County Proposal for Consulting Services Term of Agreement We agree to The Board's proposed term of one year, 60 days written notice of cancellation, and four one -year renewals thereafter if The Board has appropriated necessary funds for each fiscal year. This proposal shall be subject to review at each renewal elected by The Board and may be modified by mutual agreement based on future consulting services required by The Board. First Year Consulting Services The Board has requested, and the consultants agree to provide, the following specific services for both Employee Benefits Coverages and Property, Casualty, and Workers Compensation Coverages. i. Policy Kit: We will prepare a Policy /Document File in kit format including cover notes which shall summarize coverages and specific policy/ document . limitations, renewal /expiration dates, consultant's comments, and reference to revisions during policy period. 2. Self- Insurance: We will provide ongoing review of The Board's programs to determine feasibility for • further self - insurance, paying particular attention to economic circumstances of The Board, conditions existing in the insurance marketplace, and degree of risks associated with further self- insurance. 3. Availability of Personnel: Consulting personnel will be available for telephone conferences, personal meetings, conduct of specific research projects, and advice as may be required by The Board through the term of this assignment. Since both Lead Consultants have other Senior Consultants assigned to this project for support, The Board is assured of prompt response to its requests for continuous consulting services. 4. Examination of Documents: We routinely provide in retainer assignments continuous review and approval (or disapproval as appropriate, with recommendations for correcting deficiencies) of policies, contracts, endorsements, and other related documents affecting 10 Monroe County Proposal for Consulting Services current and renewal policies. Renewal analysis and recommendations to The Board for negotiation or other appropriate action (i.e., remarketing) is one of our most important services. 5. Specifications: At the request of The Board, we will assemble necessary underwriting data, design coverage modifications to be considered by The Board, and prepare written specifications to solicit proposals. Prior to finalization of specifications, draft copies will be provided to The Board for its review and concurrence for release of the document(s). Proposal Analysis: We will analyze all proposals received by The Board in response to written specifications, or such other proposals which The Board requests us to evaluate. Recommendation: Upon conclusion of our analysis of proposals, we will provide The Board with a written report documenting conclusions and recommendations. The report will be presented in the form of an Executive Overview (i.e., summary of assignment, responses received, conclusions, recommendation, and guidance for implementation), which shall comprise approximately 5 pages. The Executive Overview will include enough detail to support the consultants' conclusions and recommendations. Additional analysis detail will be available to The Board or Management Personnel for in -depth review if requested. We frequently suggest a workshop session with Management to review the analysis process prior to submission of the Final Report to The Board for approval of the recommendation(s). We, of course, will be available to present our findings and recommendation(s) to The Board in person. RFP /Proposal Compliance: We routinely follow up implementation of the recommendations with review and evaluation of binders, policies, contracts, or agreements issued by brokers, insurers, or administrators to assure compliance with the Request for Proposals (specifications), proposals accepted by The Board, and subsequent modification of such 11 Monroe County Proposal for Consulting Services proposals, if applicable. Consultants will recommend and assist The Board as requested to remedy deficiencies in all such documents which do not conform to the accepted proposal(s). The above services shall extend also to additional requests by The Board for evaluation of leases, contracts, and other agreements relating to insurance, self- insurance, and administration of such programs, paying particular attention to indemnification and escape provisions. 6. Other Services: We will provide other services which may from time to time be requested by The Board including, for example: a) Identification of exposures to loss; analysis of possible claims and damages. b) Analysis and editing of data on a continuous basis in preparation for use in soliciting insurance or administrative proposals. We will assist The County in creating /maintaining computerized files of such data. With respect to Group Health Coverages, we will obtain from insurers /administrators loss data to establish a computer claims monitoring program in the consultant's office, updating the claim records monthly, tracking utilization patterns and costs, with interim reports to The Board recommending course corrections in coverages or claim adjudication procedures which will assist The Board in managing the cost of its Employee Benefit program. We will assist The Board, if requested, in setting up a parallel system. Lead Consultant Lawton Swan III, CPCU, CLU, ARM also has first -hand experience in systems design for loss control safety management, and other Risk Management systems. 12 Monroe County Proposal for Consulting Services c) We will assist The Board in negotiation of insurance /administrative contracts for renewal proposals or other proposals for which specifications are not specifically required. d) The Risk Management consultant(s) will review existing Loss Control and Safety Programs, provide The Board with appropriate recommenda- tions, and assist in implementing any changes. e) We will review Certificates of Insurance as requested by The Board, make recommendations for improvement, including insurance requirements for third parties. f) The employee benefits consultants will review all in -place programs as requested by The Board, to identify efficiency of cost - benefit ratio; claim and utilization patterns, comparability of the programs to other, similar Florida governments and private industry in the vicinity of Monroe County to determine value of benefits in drawing and maintaining quality personnel. We will recommend changes in benefits design, coverage availability, funding techniques, insurer /administrator services and competitiveness of cost. g) The consultants for Risk Management, Property, Casualty, and Workers Compensation will analyze the Workers Compensation Program and provide recommendations for change where appropriate. h) Loss trending and forecasting will be provided by the consultants for all programs, with a comparison of alternate Risk Management mechanisms available. i) Actuarial Services and Legal Services will be provided as necessary from time to time, as requested by The Board, or deemed advisable by the consultants. These services are utilized on a sub - contract basis and services will not be employed except with prior approval of The Board. 13 Monroe County Proposal for Consulting Services �) Subcontract Services (Actuarial and Legal) will be utilized as and if necessary. We believe that it is inappropriate to maintain actuarial and legal personnel on staff, at high salaries, for only occasional use. To do so, increases the firm's overhead and consequently would also increase the cost of consulting services to all of our clients. Use of subcontract personnel will be with prior approval of The Board and the cost of actuarial and legal services approved by The Board will be passed through for payment by The Board without markup by the consultants. In other words, The Board pays only for the services it needs. k) Employee Benefits Consulting Services will be provided by Stanford & Co. Risk Management, Property, Casualty, and Workers Compensation Consulting Services will be provided by Lawton Swan III, CPCU, CLU, ARM, of Insurance Advisory Group, Inc. All services will be billed through Stanford & Co. as the Managing Consulting Firm for administrative ease. 14