Item C32
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20. 2009
Division: Employee Services
Bulk Item: Yes ~ No
Department: Risk Management
Staff Contact Person: Maria Slavik X3178
AGENDA ITEM WORDING: Approval to accept proposal from Goodman-Gable-Gould Adjusters
International to provide Insurance Adjusting Claim Services.
ITEM BACKGROUND: Request for Proposals completed earlier this year. Proposals from two firms
were received and reviewed.
PREVIOUS REVELANT BOCC ACTION: The current contract was approved by the BOCC on July 19,
2006.
CONTRACT/AGREEMENT CHANGES: Goodman-Gable-Gould proposed a pricing structure that
complies with Florida Statute 626.8541l(b). Goodman-Gable-Gould proposed a sliding scale percentage
ranging from 7% to 10% of the payments directly received from the insurers.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A
COST TO COUNTY: N/A
INDIRECT COST:
BUDGETED: Yes lNo
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes NO~AM NT PER MONTH Year
~~ -
APPROVED BY, Coon'y Auy r . m hasing_ Risk Managemen'W
DOCUMENTATION: Included -L To Follow_ Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Goodman-Gable-Gould Effective Date: June L 2009
Expiration Date:May 31. 2012
Contract Purpose/Description:Support Monroe County in handling of claim recovery.
Contract Manager: Maria Slavik
(Name)
3178
(Ext.)
Risk Management
(Department)
for BOCC meeting on May 20, 2009
Agenda Deadline: Mav 5 2009
CONTRACT COSTS
Total Dollar Value of Contract: NI A Current Year Portion: $
Budgeted? Yes[8J No 0 Account Codes: 503-08501-530-310 -
Grant: $_ _-_-_-_-_
County Match: $_ _-_-_-_-_
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial. salaries. etc.)
CONTRACT REVIEW
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Date In
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INTERISK
CORPORA TION
Consultants
1111 North Westshore Boulevard
Suite 208
Tampa, FL 33607-4711
Phone (813) 287-1040
Facsimile (813) 287-1041
Risk Management
Employee Benefits
April 3, 2009
Ms. Maria Slavik, CPM
Risk Administrator
Monroe County
1100 Simonton SI.
Suite 268
Key West, Aorida 33040
Subject: Evaluation of Public Adjusting Claims Services (RFP-RSK-91-274-2009-PURlCV)
Dear Maria:
I have reviewed the proposals that the County received in response to the subject RFP. Two companies
submitted responses.
I) Goodman-Gable-Gould! Adjusters International
2) Claim Solvers, LLC
Goodman-Gable has been providing Public Adjusting services for the County for a number of years and
has assisted in the investigation, negotiations and recovery of substantial proceeds from the County's
insurers.
Both firms appear to meet the statutory requirements for Public Adjusters as specified in Aorida Statute
* 626.854. However, it appears as if the majority of Claim Solvers employees meet these requirements by
being licensed attorneys while Goodman-Gable employees appear to have met the requirements by
completing mandatory classes, exams and continuing education requirements as specified by Aorida
Statutes. It is believed that satisfying the statutory requirements for adjusters provides a stronger
foundation for insurance related issues (such as adjusting claims) when compared to the training and
education received by attorneys.
Goodman-Gable has been serving as a Public Adjuster since 1941 while Claim Solvers was not formed
until 2007. It is clear that Goodman-Gable has considerable more experience as Public Adjusters than
Claim Solvers. In addition, Claim Solvers only provided four (4) projects as examples of their past
experience. Of the projects submitted two (2) have not been finally resolved and none were for
governmental entities. Goodman-Gable provided sevemeen ( 17) examples of prior projects. A number of
the projects were for governmental entities and were supported by strong recommendation letters from their
cI ients.
Claim Solvers indicated that they employ more than twelve ( 12) Florida licensed adjusters while Goodman-
Gable indicated that they employ thirty-four (34) licensed adjusters. A number of Claim Solvers' adjusters
are domiciled in states other than rlorida and have managerial responsibilities that could impact their
availability to serve the County. Since the County will only n("Cd the ~ervices of a Public Adjuster
following a catastrophic event. it is highly likely that the catastrophic event will impact other businesses
and entities in f-lorida who Jbo will also be seeking Public Adjusting services. With a workt()rce that is
nearly three times the size of Claim Solvers. it is believed that Goodman-Gable will be better able to timely
respond to the County's needs.
Both Goodman-Gable and Claim Solvers proposed a pricing structure that complies with Florida Statute *
626.854 Illb). Goodman-Gable proposed a sliding scale percentage ranging from 7r'/c to 10% of the
payments diredl} received from the insurers while Claim Solvers proposed a flat 4'7c fee based on Claim
Solvers' adjusted loss. The term "Adjusted Loss" referenced by Claim Solvers was undear. It could have
two distind meanings.
I) The amount initially developed by the adjuster before any negotiations with the insurance
company.
2) The ultimate senlement negotiated with the insurance company.
If it is Claim Solvers' intent to charge the County based on their initial estimates before they negotiate with
the insurance company. not only could their fees be significantly higher, there is little the County can do to
control the process. A brief example can explain this concern.
Assume a hurricane struck the County and Claim Solvers initial assessment of the damages totaled $3
million. If Claim Solvers based their fee on their initial assessment (as reflected in item 1 above) they
would claim a fee of $120.000. This would be true even if the insurance company disallowed $2 million of
the amount be claimed. Since Goodman-Gable is basing their fee only on the amount actually recovered
from the insurer. their fee would be $85.000.
Despite the fact that Claim Solvers' pricing has the potential of being lower. it is believed that Goodman-
Gable will be in a better position to serve the needs of the County during trying times.
);. They have extensive knowledge of the County's operations.
);. They have demonstrated the ability to serve the County's needs.
:l;> Their workforce is considerably larger than Claim Solvers. This may be a critical factor following
a catastrophic event.
);. They have been in existence far longer than Claim Solvers. Since Public Adjusting services will
not be required until or if a catastrophic event were to OCcur (may be several years). there is a
higher probability that Goodman-Gable's operations will continue when compared to Claim
Solvers.
:l;> It is believed that Goodman-Gable has a more knowledgeable staff than Claim Solvers.
Based on the reasons stated above and discussed in this letter, it is recommended that Monroe County
select the proposal from Goodman-Gable-GouldJAdjusters International in response to the County's RFP
for Insurance Adjusting Claim Services IRFP-RSK-91-274-2009-0UR/CV).
Please give me a call if you have any questions or wish to discuss this issue in more detail.
Cordially.
INTERISK CORPORATION
j'
.,.AI
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/. '~..
~t+
Sidney G. Webber
epeu. ARM
CC: Teresa Aguiar
AGREEMENT BElWEEN MONROE COUN1Y
AND
GOODMAN-GABLE-GOULD COMPANY dba
ADJUSTERS INTERNATIONAL
TH IS AG REEMENT, made and entered into this day of , 2009, by and
between MONROE COUNTY ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and
GOODMAN-GABLE-GOULD COMPANY a Maryland Corporation doing business in the
State of Florida as ADJUSTERS INTERNATIONAL ("AI"), whose address is 6767 North
Wickham Road, Suite 501, Melbourne, FL 32940.
WHEREAS, County requires an insurance adjuster from time to time to evaluate
damage to County property; and
and
WHEREAS, this need is especially acute following a hurricane or other disaster,
WHEREAS, County has employed AI in the past for this purpose, wishes to do so
in the future; and
WHEREAS, AI has agreed to provide these services to the COUNTY.
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, COUNTY and AI agree as follows:
1. THE AGREEMENT
The entire agreement between COUNTY and AI with respect to the subject matter
hereof is contained in this Agreement and in any exhibits or attachments to it. This
Agreement supersedes and terminates all prior agreements between AI and the
COUNTY and all prior oral and written proposals and communications between
COUNTY and AI related to this Agreement. No provision of this Agreement shall be
deemed waived, amended or modified by either party unless such waiver, amendment
or modification is in writing and executed by both COUNTY and AI in the same manner
as this Agreement. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their permitted successors and assigns.
2. SCOPE OF THE WORK
AI has been retained by County in connection with the claims or events described in
Exhibit A. AI represents that the adjustors it assigns to the individual claims or events
is competent and available to handle that claim or event. This Agreement shall apply to
all claims or events assigned to AI, unless a separate Agreement is required by County.
Al warrants that it is authorized by law to engage in the performance of the activities
herein described, subject to the terms and conditions set forth in these Agreement
documents; and AI shall at all times exercise independent, professional judgment and
shall assume professional responsibility for the services to be provided. AI shall provide
services using the following standards, as minimum requirements:
A. AI shall maintain adequate staffing levels to provide the services required
under the Agreement.
B. AI personnel shall not be employees of or have any contractual
relationship with COUNTY.
C. All personnel engaged in performing services under this Agreement shall
be fully qualified , and, if required, to be authorized or permitted under
State and local law to perform such services; and that said personnel
presently have, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and
that it will at all times conduct its business activities in a reputable manner
as generally recognized in its profession. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
3. PAYMENTSTOAI
Payments to AI shall be made as follows:
A. COUNTY'S performance and obligation to pay under this Agreement, is
contingent upon annual appropriation by the Board of County
Commissioners of Monroe County.
B. AI shall submit all invoices to the COUNTY with supporting
documentation acceptable to the Clerk based on generally accepted
accounting principles and such laws, rules and regulations as may govern
Clerk's disbursal of funds.
C. COUNTY shall pay in accordance with the Florida Local Government
Prompt Payment Act; payment will be made periodically in arrears, but no
more frequently than monthly.
D. Expenses will not be charged by AI to COUNTY.
4. TERM OF AGREEMENT
The term of this Agreement is for three years, commencing on the 1st day of June,
2009, and ending on the 31st day of May, 2012 unless terminated earlier under
relevant paragraph of this Agreement.
2
5. FINANCIAL RECORDS
AI shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by COUNTY or Clerk determines that monies paid to AI pursuant to this Agreement
were spent for purposes not authorized by this Agreement. AI shall repay the monies
together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from
the date the monies were paid to AI.
6. PUBLIC ACCESS
The COUNTY and AI shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by
COUNTY and AI in conjunction with this Agreement; and COUNTY shall have the right
to unilaterally cancel this Agreement upon violation of this provision by AI.
7. HOLD HARMLESS AND INSURANCE
AI covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners and County Court of Monroe County from any and all claims
for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of
services provided by AI occasioned by the negligence, errors, or other wrongful act of
omission of AI or its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
Prior to execution of this agreement, AI shall furnish COUNTY Certificates of
Insurance indicating the minimum coverage limitations as specified on the attached
forms which are incorporated as part of this Agreement (Exhibit B).
3
Non-Waiver of Immunity. Notwithstanding the prOVlSlons of Sec. 286.28, Florida
Statutes, the participation of COUNlY and AI in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity
to the extent of liability coverage, nor shall any Agreement entered into by COUNTY be
required to contain any provision for waiver.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement AI is an independent
contractor and not an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be construed so as to find AI or
any of his employees, subcontractors, independent contractors, servants, or agents hired
by AI to be employees of the Board of County Commissioners of Monroe County.
9. NONDISCRlMINATlON
County and AI agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. County and
AI agree to comply with all Federal and Florida Statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title
VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in
employment on the basis of race, color, national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 use ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 use s. 1201), as may be amended from time to time, relating
to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; and 11) any other nondiscrimination provisions in any Federal or state statutes
4
which may appLy to the parties to, or the subject matter of, this
Agreement.
10. ASSIGNMENT/SUBCONTRACT
AI shalL not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the
Board of County Commissioners of Monroe County and which approval
shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into
any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly
provided for therein, such approval shall in no manner Or event be
deemed to impose any additional obligation upon the board.
11. COMPLIANCE WITH LAW
In providing all services pursuant to this Agreement, AI shall abide
by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Any violation of said statutes, ordinances, rules
and regulations, as determined by COUNTY, shall constitute a material
breach of this agreement and shall entitle the Board to terminate this
Agreement immediately upon delivery of written notice of termination to
AI.
12. DISCLOSURE AND CONFLICT OF INTEREST
AI represents that it, its directors, principles and employees,
presently have no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance of
services required by this Agreement, as provided in Sect. 112.311, et.
seq., Florida Statutes.
County agrees that officers and employees of COUNTY recognize
and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida
Statutes, regarding, but not limited to, solicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and
disclosure or Use of certain information.
Upon execution of this Agreement, and thereafter as changes may
require, AI shall notify COUNTY of any financial interest it may have in
any and all programs in Monroe County which COUNTY Sponsors,
endorses, recommends, supervises, Or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether
or not such program is required by statute, as a condition of probation,
or is provided on a voLuntary basis.
5
The County and AI warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision, AI agrees that COUNTY shall have
the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
13. PLEDGE OF CREDIT
Al shall not pledge COUNTY'S credit or make it a guarantor of
payment or surety for any Agreement, debt, obligation, jUdgment, lien, or
any form of indebtedness. AI further warrants and represents that it has
no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
14. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the other party
by certified mail, returned receipt requested, to the following:
FOR COUNTY
Monroe County Court Administrator and
500 Whitehead Street
Key West, FL 33040
County Attorney
PO Box 1026
Key West, Fl. 33041-1026
FOR AI:
Pat Cuccaro
6767 North Wickham Road
Melbourne, FL 32940
15. TAXES
The County is exempt from payment of Florida State Sales and Use
taxes. Al shall Dot be exempted by virtue of COUNTY'S exemption from
paying sales tax to fulfill its obligations under this Agreement. AI shall be
responsible for any and all taxes related to services rendered under this
agreement.
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16. GOVERNING LAW. VENUE. INTERPRETATION. SEVERABILITY.
COSTS AND ATTORNEY FEES
A. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of
Florida.
B. Venue. In the event that any cause of action or
administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, COUNTY and Al agree
that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
C. Severability. If any term, covenant, condition or provision of
this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or
unenforceable to any exten't by a court of competent
jUrisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement.
COUNTY and AI agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
D. Attorney's Fees and Costs. COUN7Y and AI agree that in
the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award
against the non-prevailing party.
E. Adjudication of Disputes or Disagreements. County and
AI agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first
meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have
7
the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
Mediation proceedings initiated and conducted pursuant to
this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
County and AI specifically agree that no party to this
Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
F. Cooperation. In the event any administrative or legal
proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this
Agreement, County and AI agree to participate in all
proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or
provision of the services under this Agreement.
17. TERMINATION
The County may terminate this Agreement for cause with seven (7)
days notice to AI. Cause shall constitute, in the jUdgment of the Board of
County Commissioners a breach of the obligations of AI to perform the
services enumerated as AI's obligations under this Agreement. Either of
the parties hereto may terminate this Agreement without cause by giving
the other party sixty (60) days written notice of its intention to do so.
18. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of COUNTY and Al and their
respective legal representatives, successors, and assigns.
19. AUTHORITY
Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by
law.
20. CLAIMS FOR FEDERAL OR STATE AID
AI and County agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds to further the purpose
of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shaH be approved by each party
prior to submission.
8
21. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of COUNTY,
when performing their respective functions under this Agreement within
the territorial limits of COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of COUNTY.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This
Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may
be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of COUNTY,
except to the extent permitted by the Florida constitution, state statute,
and case law.
23. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program
contemplated hereunder, and COUNTY and AI agree that neither
COUNTY nor AI or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this
Agreement.
24. AITESTATIONS
AI agrees to execute such documents as COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
25. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
9
26. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one and the
same instrument and any of the parties hereto may execute this Agreement by signing
any such counterpart.
27. SECfION HEADINGS
Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day and date first written above in four (4) counterparts, each of which shall, without
proof or accounting for the other counterparts, be deemed an original Agreement.
(SEAL)
For COUNTY':
BOARD OF COUN1Y
COMMISSIONERS
OF MONROE COUNTY,
Attest: DANNY L. KOLHAGE
CLERK of COURT of MONROE
COUNTY FLORIDA
BY:
BY:
Deputy Clerk
Mayor
Date:
Date:
For~~
Signature of Person Authorized
To Sign Contracts for AI
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EXHIBIT A
To AGREEMENT BETWEEN MONROE COUNTY
AND
GOODMAN-GABLE-GOULD COMPANY dba
ADJUSTERS INTERNATIONAL
AI's ("Adjuster") objective is to support Monroe County Florida ("Assured") in the entire claim process,
with the goal of achieving the maximum insurance recovery as promptly as possible. Using a team
approach, we will assemble the professionals best suited to accomplish this goal. AI will prepare all
claims for submission and coordinate all supporting documentation. AI will work directly with you and
your staff in the development of these claims for presentation to the carrier.
Specific areas AI will address:
Property Damage Claim
I) Investigate and analyze all property damage claims assigned to them by the County.
2) Prepare a concise, well-documented replacement cost estimate on the buildings and
determine ACV if applicable.
3) Evaluate "codes upgrade" coverage, if it applies
4) Investigate and analyze all property damage to the Contents, including furniture, fixtures,
machinery, equipment, computer systems. etc.
5) Prepare a concise, well-documented property claim
Present and sUpport the claim through settlement
Business Interruption Claim
I) Advise management of how to capture and develop loss information. i.e. track impact of loss
2) Determine period of suspension
3) Evaluate discontinued (saved) expenses
4) Determine expediting expenses; expenses related to reducing the loss
5) Prepare financial projections and "what if" scenarios
6) Prepare business interruption valuation report. Provide total business interruption claim
management to ensure integration with the property and extra expense POrtions of the claim
7) Prepare and support the claim through settlement
Extra Expense Claim
I) Advise management on identification of extra expense losses
2) Coordinate tracking of extra expense items
3) Determine excess over normal expenses
4) Determine period of indemnity
5) Integrate the extra expense claim with the property damage and business interruption claim
6) Present and sUpport the claim through settlement
/I
General
I) Review all insurance policies in order to identify your rights and obligations under those
policies.
2) Review any and all pre-loss appraisals and estimates that could affect the claim
3) Evaluate the procedures being followed, to mitigate damages and implement emergency
repaIrs
4) Coordinate and integrate all areas of the claim effort with on-going operations and the overall
recovery process
5) Coordinate the necessary "expert reports" to support and assemble the claim
6) Assist in the coordinate of advance payment from the insurance company
7) Coordinate al/ inspections and meetings with the insurance company representatives,
including their "outside experts"
8) Provide regular status reports
9) Review all claim data with you, prior to providing such material to the insurance company
and their representatives
10) Provide the assistance required to support all claims presented
II) Conduct and/or participate in all settlement discussions with the insurance company
12) We will hold in strictest confidence, all infonnation relating to your claims and business
operation
13) Our overall goal is to expedite the best possible recovery
We would like to stress that our intention is to provide professional assistance to you from an advocacy
position, in order to document, support, expedite and insure the best possible claim recovery.
After property damage loss incidents affecting Monroe County, when the County, at its sole and
unfettered discretion. decides to prepare and present a claim, the Adjuster is authorized to, and will,
prepare all necessary estimates and other applicable and/or required instruments to comply with the
provisions of the insurance policies concerned on behalf of the Assured.
The Assured will compensate the Adjuster upon receiving proceeds as a result of a loss settlement. The
Assured agrees to pay the said Adjuster for its services, a fee of seven percent (7%) of the gross amount
adjusted or otherwise recovered as a result of said claim or claims that resolve for an amount equal to
$500,000.00 or less, eight and one-half percent (8.5%) of the gross amount adjusted or otherwise
recovered as a results of said claim or claims on claims that resolve for an amount from $500,000.00 to
$1,000,000.00 and ten percent (lO%) of the gross amount adjusted or otherwise recovered as a results of
said claim or claims on claims that resolve for an amount in excess of $1 ,000,000.00.
The Adjuster agrees to pay for all expenses incurred by the Adjuster, in securing estimates, expert
opinions, and for all other expenses incurred by the Adjuster incident to the adjustments, except for those
costs associated with and for the hiring of legal counsel.
12
Should such costs ever be applicable. Counsel will not be retained to work on any sllch loss incident by
the Adjuster without the express consent of The Assured.
The Adjuster hereby agrees to render the said services for the compensation above specified. It is agreed
that all adjustments shall be made and concluded only with the consent of the Assured.
This Agreement contains the entire contract between the parties, and no modification or waiver of any of
the terms hereof shall be valid unless in writing, and endorsed herein, and signed by all parties. This
Agreement shall be binding upon the parties hereto their personal representatives, assigns and successors
in interest.
COUNTY Representative
'#2(H. t:.A AP/J
Pasquale Cuearro
IJ
EXHIBIT B
(4 pages)
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
GOODMAN-GABLE-GOULD COlVlPANY
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
Page I of 4
EXHIBIT B
(4 pages)
VEHICLE LIABILITY
INSURANCE REQUIRE~IENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
GOODMAN-GABLE-GOULD COMPANY
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
Page 2 of 4
EXHIBIT B
(4 pages)
WORKERS' COMPENSATION
INSURAt'JCE REQUIRE~IENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
GOODMAN-GABLE-GOULD COMPANY
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor
may be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial statements
from the fund upon request from the County.
Page 3 of 4
EXHIBIT B
/4 pages)
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
GOODMAN-GABLE-GOULD COMPANY
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor shall purchase and maintain, throughout the
life of the contract, Professional Liability Insurance which will respond to damages resulting
from any claim arising out of the performance of professional services or any error or
omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$500,000 per Occurrence/$l ,000,000 Aggregate
Page 4 of 4