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HomeMy WebLinkAboutR-03-0876J-03-662 07/23/03 RESOLUTION NO. 03— 8`6 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH GALLAGHER BASSETT SERVICES, INC., THE TOP-RANKED FIRM SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS TO PROVIDE WORKERS COMPENSATION CLAIMS ADMINISTRATION SERVICES (PART I SERVICES) AND GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY CLAIMS ADMINISTRATION SERVICES (PART II SERVICES), FOR THE DEPARTMENT OF RISK MANAGEMENT, FOR AN INITIAL THREE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE-YEAR PERIODS, WITHOUT FURTHER APPROVAL OF THE CITY COMMISSION, IN AN AMOUNT NOT TO EXCEED THE NEGOTIATED AMOUNT SET FORTH IN "EXHIBIT 2," ATTACHED AND INCORPORATED, WITH INCREASES IN THE AMOUNT OF COMPENSATION PAYABLE DURING THE EACH OF THE OPTIONAL YEAR PERIODS NOT TO EXCEED THE CONSUMER PRICE INDEX OVER THE IMMEDIATELY PRECEDING YEAR; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 515001.624401.6.270. WHEREAS, the City of Miami ("City") issued Request for Proposal No. 02-03-010 •seeking qualified and experienced firms for the provisions of the following services for the Department of Risk Management: C:'ITY COMMISSION MEETING OF J U L. 2 4 2003 Resolution No. 03- 876 Part I Services: Workers Compensation Claims Administration and Part II Services: General, Automobile and Professional Liability Claims Administration (Police Tort and Public Officials Liability); and WHEREAS, the Evaluation Committee evaluated the proposals received and ranked Gallagher Bassett Services, Inc. as the top-ranked firm, and recommended that the City Manager negotiate a Professional Services Agreement ("Agreement"), in substantially the attached form, for an initial three-year period, with the option to extend for five additional one-year periods, without further approval of the City Commission, provided that any increase in the amount of compensation payable during each of the additional one-year periods does not exceed Consumer Price Index over the immediately preceding year; and WHEREAS, the City Manager concurred with the recommendation of the Evaluation Committee; and WHEREAS, Resolution No. 03-364, adopted April 10, 2003, authorized the City Manager to negotiate an Agreement with Gallagher Bassett Inc., the top-ranked firm, and present the negotiated Agreement to the City Commission for review and consideration; and WHEREAS, funds for said services will be allocated from Account Code No. 515001.624401.6.270; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 2 of 4 03— 876 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorizedll to execute a Professional Services Agreement ("Agreement"), in substantially the attached form, with Gallagher Bassett Inc., the top-ranked firm selected as a result of the competitive selection process to provide Workers Compensation Claims Administration Services (Part I Services) and General, Automobile and Professional Liability Claims Administration Services (Part II Services) for the Department of Risk Management, for an initial three-year period, with the option to extend for five additional one-year periods, without further approval of the City Commission, in an amount not to exceed the negotiated amount set forth in "Exhibit 2," attached and incorporated, with increases in the amount of compensation payable during each of the optional year periods not to exceed the Consumer Price Index over the immediately preceding year, with funds allocated from Account Code No. 515001.624401.6.270. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable provisions of the City Charter and Code. Page 3 of 4 03— 876 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral PASSED AND ADOPTED this ATTEST: ,. RI CILLA A. THOMP ON CITY CLERK 24th day of July , 2003. APPROV S TO M AND CORRECTNESS:) EJANDRO VILARELLO CITY ATTORNEY W7407:tr:AS:BSS zi If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 4 03— 876 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this — day of , 2003 by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Gallagher Bassett Services, Inc., an Illinois corporation ("Provider") RECITAL A. The City has issued a Request for Proposal ("RFP") for the provision of Workers' Compensation, General Automobile & Professional Liability Claims Administration Services ("Services") and Provider's proposal ("Proposal"), in response thereto, has been selected as the most qualified proposal for the provision of the Services. The RFP and the Proposal, as modified by Provider's presentation before the Evaluation Committee on , 2003, are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference incorporated into and made a part of this Agreement. B. The Commission of the City of Miami, by Resolution No. 03-364, adopted on April 10, 2003, approved the selection of Provider and authorized the City Manager to negotiate an agreement for an initial term of three (3) years with the options to extend the Agreement for five (5) additional terms one (1) year period; and C. The Commission of the City of Miami, by Resolution No. , adopted on 2003, authorized the City Manager to execute this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and 03- 876 made a part of this Agreement. 2. TERM: The initial term of this Agreement shall be three (3) years, commencing on the date hereof, and may be extended by the City, for a maximum period of five (5) additional years, in accordance with Section 3 below. In the event the City requires Provider to continue to handle claim files that remain open as of the termination date of the Agreement, until their conclusion, then the provisions of this Agreement shall continue to apply to Provider's performance of Services for such claims until they are closed. 3. OPTION TO EXTEND: The City shall have five (5) options to extend the Term, each for a period of one (1) year, subject to availability and appropriation of funds and the parties reaching an agreement on the amount or schedule of compensation payable during the extended term. If Provider requests an increase in compensation during a proposed extended term, it must submit its proposed change to City at least one (1) year prior to the expiration of the initial term. In such event, the amount of compensation shall be renegotiated by the parties, in good faith, but shall not exceed the lowest of CPI over the immediately preceding year, or prevailing rates charged by the Provider, to its preferred clients, as of that date. The City may exercise the options, in its sole discretion and without City Commission approval, by written notice to the Provider given at least sixty (60) days prior to the expiration of the then current term. 4. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described, and under the terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. The City reserves the right not to turn over to Provider, and to retain management, handling and control of, all or a portion of the claims that are the subject of this Agreement. The City also reserves the right to perform, or caused to be eta— 876 performed by other parties, some or all of the services that are subject to Allocated Expenses, as the term is defined in Section II.I I.C. of Attachment "A". B. Provider represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required under the Solicitation Documents for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified, licensed and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: A. In consideration for the Services, the City agrees to pay to Provider compensation based on the rates and schedules described in Attachment `B" hereto, which by this reference is incorporated into this Agreement. B. Unless otherwise specifically provided in Attachment `B", payment shall be made within forty-five (45) days after receipt of Provider' s invoice, which shall be accompanied by sufficient supporting documentationand contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. 6. DESIGNATED PERSONNEL: Provider acknowledges that in selecting Provider as the most qualified firm for the provisions of the Services the City has relied on Provider's representations regarding its staffing model and its commitment to dedicate personnel exclusively to the City for the provisions of Services. Provider agrees to assign exclusively to the City, the personnel specified in Attachment "C", which is incorporated by reference and made a part to this Agreement, to perform the Services (the "DESIGNATED PERSONNEL"). 03- 876 7. OWNERSHIP OF DOCUMENTS: A. Provider understands and agrees that any information, document, report, file or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report, file or material for any purpose whatsoever, except as authorized in this Agreement, without the written consent of City, which may be withheld or conditioned by the City in its sole discretion. Claim files that are closed shall be returned to the City in accordance with the provisions of Attachment "A". B. At all times during the Term, and for a period of five (5) years after its termination, Provider shall provide City access to all files and records maintained on City's behalf. Provider further agrees to deliver to the City or to such address as requested by the City, all files, or such files as the City may request, in hard copies or such electronic format as may be required by the City, not later than ten (10) days after receipt of City's written request. C. Not later than ten (10) days after the termination of the term, Provider shall deliver to the City, in addition to all other documents, information and data described in Attachment "A", all original claim files, computer tapes or other computer media containing all of the data required for claims adjudication and loss statistics. Such data shall be made available in a format generally importable into a commonly recognized database for claims adjudication and loss statistics. 8. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to five (5) years) following the date of final payment by the City to Provider under this Agreement, audit, or cause 03- 876 to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of five (5) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or Services required to be provided by Provider under this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-100 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 9. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 10. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 11. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider 03- 876 understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. Additionally, at all times during the Term Provider shall comply with and observe, all applicable Federal, State and Local laws, statues, rules and regulations applicable to the Services, including specifically, but without limitation, the provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Privacy Standards contained therein. Provider shall enter into a Business Associate Agreement with the City of Miami for HIPAA compliance. 12. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") arising out of, resulting from, or in connection with (i) the performance or non-performance of the Services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the Provider to observe, comply with or conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify o3- 876 and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 13. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies .available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Provider while Provider was in default shall be immediately returned to the City. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 14. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $50,000.00, the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager' s written decision, approved by the City 03- 876 Commission if the amount of compensation hereunder exceeds $50,000.00, or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (ninety (90) days if City Manager' s decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 15. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least sixty (60) days prior to the effective date of such termination. In such event, the City shall pay to Provider compensation for Services rendered prior to the effective date of termination. In no event shall the City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice to Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts received while Provider was in default under this Agreement. C. If on the date of termination of this Agreement the compensation earned by the Provider for Services rendered up to that date is less than the amounts paid by the City under Attachment "B", the Provider shall immediately, but in no event later than ten (10) days after the termination of the Agreement, return the amount of the overpayment to the City. D. Not later than ten (10) days after the termination of this Agreement, Provider shall, at no cost to the City, deliver to the City such tapes, discs or other medial containing all data pertaining to the Services for transference to the Department, or to a successive 03- 876 administrator, in the data or media format required by the City to ensure the successful conversion of the computer systems software and data to the systems of a successive administrator. E. Not later than five (5) business days after termination of this Agreement, the City shall notify the Provider, in writing, if the City requires Provider to continue to handle open files, until their conclusion, in accordance with the provisions of Attachment "A". 16. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as stated in Attachment "D", which is incorporated by reference and made a part of this Agreement. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the Services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract shall be considered terminated on the #)3- 876 date that the required change in policy coverage would otherwise take effect. 17. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider' s performance under this Agreement on account of race, color, sex, religion, age, disability, marital status, national origin or sexual preference. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, disability, marital status, national origin, or sexual preference be excluded from participation in, be denied Services, or be subject to discrimination under any provision of this Agreement. 18. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM: The City has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE Program") designed to increase the volume of City procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall have the right to terminate and cancel this Agreement, without notice or penalty to the City, and to eliminate Provider from consideration and participation in future City contracts if Provider, in the preparation and/or submission of the Proposal, submitted false or misleading information as to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of minority or women owned business participation. 19. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. 03- 876 20. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. If to Provider: Robert Mason, CFO Gallagher Bassett Services, Inc. The Gallagher Centre Two Pierce Place Itasca, Illinois 60143 With copies to: Vilma Palma - Blackmon, VP Gallagher Bassett Services, Inc. 3350 S.W. 148th Avenue, Suite 200 Miramar, Florida 33027 If to City: Joe Arriola, City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 With conies to: Alejandro Vilarello, City Attorney City of Miami 444 S.W. 2"1 Avenue, Suite 945 Miami, Florida 33130 Diane Ericson, Director of Risk Management City of Miami 444 S.W. 2"a Avenue, Ninth Floor Miami, Florida 33130 21. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise 03- 876 unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 22. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 23. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering Services to the City under this Agreement. 24. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 25. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the representations contained in the Solicitation Documents. 26. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the 03- 876 rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above wntten. "Provider" ATTEST: Gallagher Bassett Services, Inc., an Illinois corporation By: Print Name: Print Name: Title: Corporate Secretary Title: President «Cit,» CITY OF MIAMI, a municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Joe Arriola, City Manager APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Diane Ericson Risk Management Administrator 03- 876 ATTACHMENT A SCOPE OF SERVICES GENERAL PROVISIONS: The services which are the subject matter of this Agreement (the "Services") consist of Workers Compensation Claims Administration ("Part I Services"), and General, Automobile & Professional Liability Claims Administration ("Part II Services"), which are as of the date hereof being provided by the City. Unless otherwise specifically stated, the General Provisions shall apply to both Part I Services and Part II Services. In the event of conflict or inconsistency between the General Provisions and provisions specifically included under Part I Services or Part II Services, the specific provisions shall control. The City reserves the right not to turn over to Provider, and to retain the management, handling and control of, all or some of the claims which are the subject of this Agreement. Further, the City reserves the right to perform, or caused to be performed by other parties, some or all of the services that are subject to Allocated Expenses, as the term is defined in Section II.1.C. of this Attachment "A". 1. THE SERVICES — PROPOSAL: The Services are described in the Proposal, as modified by Provider's presentation before the Evaluation Committee on February 24, 2003, and as further modified hereunder. In the event of a conflict in the description of the Services as described in the Proposal, the presentation and hereunder, the description or interpretation of the Services that is most favorable to the City shall control. 2. SAFETY PROGRAM/LOSS CONTROL SERVICES: The Provider and the City agree to take the necessary steps to improve the City's Safety Program. The Provider shall assist the Department of Risk Management (the "Department") in improving the Safety Program, to the City' s satisfaction, and fully implementing it for the City and all labor groups, recognizing that a strong safety program is a primary tool for mitigating losses. When requested by the City to do so, the Provider shall consult with the City, its employees, agents and others, concerning workplaces, operations, work procedures, and equipment owned or operated by the City, and make recommendations to the City regarding same, for the purpose of establishing loss control systems to mitigate and/or control losses, damage, and claims; provided, however, it is understood and agreed that neither the rights of the Provider to make inspections, nor its recommendations or reports as to loss control, shall constitute an undertaking on behalf of or for the benefit of the City, or its employees or others, to determine, warrant, or guarantee that such work places, operations, procedures, or equipment are free and safe from defects and/or hazards. 03- 876 3. REPORTING REQUIREMENTS AND STATUS REPORTS A. The Provider shall immediately, but not later than (a) 1 hour following receipt of a fatality claim, and (b) 24 hours following the occurrence of a "Reporting Event", advise the Risk Management Administrator or designee (the "Administrator") by telephone or electronic mail, followed by written document, of its occurrence. A "Reporting Event" is herein defined as a claim that meets any one of the following conditions: (i) a claim with a reserve set at or above $50,000;(ii) a claim involving a "Serious Injury", which is defined to 1 include, in addition to the Serious Injury Categories defined in the Proposal, back problems involving surgery, serious burns or disfigurement, paraplegia, quadriplegia, amputation, partial loss of sight or hearing, partial brain damage, environmental exposures/conditions or other permanent injury ; (iii) any non -workers compensation claim involving the City's Police Department; (iv) any category of injury or disability included in the Control Loss Program, or (iv) any claim in which there is a notice or likelihood.of litigation. B. All files will be created and assigned the proper facility and location code, and entered into Provider' s computer system within twenty-four (24) hours upon receipt of first report of incident or claim. C. The Provider shall provide to the City such information or interim report as the City may from time to time request on specific files. D. The Provider shall submit to the Administrator monthly experience/statistical reports, which shall include, but not be limited to, a summary of experience by department stating cause of accident, frequency and cost. Open and closed claims shall include specific information on the accident date, claimant' s name, cause of accident, injury type, amount paid and reserved, and state if the claim is open or has been finalized. These reports must be delivered by the I Oth of each month and must provide summary information by department, by participant, and by total program. The City shall have full access to all data, records, reports and information maintained by the Provider under this Agreement, through the various media and methods described in the Proposal, at no cost to the City. E. Provider's "Dedicated Personnel", as defined in Section 6 of the Agreement and described in Attachment "C" thereto shall be available to attend meetings, as required by the City, at the City's office, or such other place as may be required by the City, if requested by the City, at no additional cost to the City. F. The Provider, at no additional cost to the City, shall meet with the Administrator and other personnel as may be designated by the Administrator to discuss selected files subject to auditing in accordance with the provisions of the Performance Agreement, attached to the Agreement as Attachment "E". The files to be audited must be accompanied, at a minimum, by status reports, printed claim file notes, and payment registers. 03- 876 G. No later than ninety (90) days prior to the expiration of the initial, and if applicable, any extended term of this Agreement, the Provider shall submit a written report to City detailing all activities conducted by the Provider for the City during the corresponding term. The report shall include a discussion of any known problems and recommendations for solutions to those problems and a listing of objectives to be accomplished. If the Agreement is not renewed, or there are no extensions available, Provider shall provide City with a summary of outstanding items, and Provider shall submit all original claim files and any additional documentation necessary for the City to transfer the City's claims administration programs to another third party administrator. 4. SETTLEMENT AUTHORITY: A. Provider shall have no authority to retain legal counsel on behalf of the City, unless expressly approved by the City Attorney. Provider acknowledges that all cases involving the City of Miami are handled by the City's Law Department (the "City Attorney"). B. The Provider shall have the authority to settle, on behalf of the City, workers' compensation claims up to $10,OOO,per claim, and all other claims, up to $3,000, per claim.. Claims involving amounts greater than the authorized amount shall not be settled without the written authorization of the City Attorney. The request for authorization must be presented in writing, including the adjuster' s evaluation and recommendation in a format required by the City. After authorization is granted, the Provider will settle the claim and obtain the appropriate release(s). The City' s release of Provider, as provided in the Proposal, shall be subject to the approval of the City Attorney. C. All settlements obtained by the Provider shall include a release of potential future "bad faith actions". 5. LITIGATION MANAGEMENT: A. Provider shall provide a copy of the complete claim file upon the City Attorney's notification to the Provider that litigation has commenced. B. Prior to the initiation of litigation, Provider shall contact the Administrator if, in its good judgment, it determines that there is the need for legal counsel concerning a claim. C. Within three (3) working days of Provider being provided with notice by the City Attorney of the initiation of litigation concerning a claim, the Provider shall send a letter to the City Attorney outlining the claim status, work remaining to be done by the Provider and the time frame in which the work shall be completed. All information shall be updated, as needed, to assist the City Attorney in the handling 03 876 of the claim. D. After commencement of litigation concerning a claim, Provider shall perform all investigative and claims related services necessary, in the sole judgment of the City Attorney, to assist the City Attorney in the defense of a claim in litigation. E. Within 30 days after notice to the Provider of the initiation of litigation concerning a claim, the Provider shall provide to the City Attorney its written opinion as to compensability, value and settlement/defense strategy. F. The Provider agrees to abide by the any Litigation Management Guidelines that may be promulgated by the City Attorney, as amended from time to time. G. Provider shall provide a designated representative at any mediation pursuant to the rules of procedure for workers compensation adjudication or whenever requested by the City Attorney. Provider shall provide such periodic up -dates on ongoing litigation as may be requested by the Administrator or City Attorney. H. Provider shall coordinate with representatives of any excess liability insurance carrier, as required by the Administrator. 6. RESERVES: The Provider shall establish a realistic reserve for each claim within 3 business days after receipt of notification of a claim. The amount of the reserve will take into consideration probable payments related to the loss, including liability, damages, statutory cap, Allocated Expenses, and any other factor necessary to determine the estimated amount the City will be required to pay on that claim. Provider shall notify the Administrator, in writing, of any information that may affect the value of a claim and will require an adjustment to the Reserve, by increasing it or decreasing it, by an amount in excess of $5,000. Such notice shall include a detailed explanation of the anticipated need for such adjustment. 7. OTHER GENERAL REQUIREMENTS: The Provider shall: A. Provide on a monthly basis, two (2) copies of loss runs to the Department sorted separately by line of coverage (Workers' Compensation General Liability, Automobile Liability, Police Tort and Public Officials Liability), loss year, and department/location. Loss runs shall list each claim separately. Specific summary reports must also be provided. This requirement may be satisfied by utilizing the Provider's on-line system. The following reports, at a minimum, are required: 03- 876 1. Claims list - lists all claims alphabetically; 2. Check register; 3. Cumulative report by line of coverage by year; 4. Annual summary reports; 5. Location report; 6. Large loss or severity report; 7. Safety report; 8. Excess insurance report; 9. Litigation report; 10. Legal payments report; 11. SAF 200 (OSHA log) B. Provide the Department with a directory of Dedicated Personnel including addresses, direct phone numbers, email addresses and fax numbers, said directory to be updated as needed. C. The Provider shall maintain at all times during the Term an 800 or toll-free telephone line for calls from within Miami -Dade and Broward Counties. D. The Provider shall give the Department at bast 30 days advance notice of any change in the Dedicated Personnel. The City reserves the right to request a change or reassignment of any of the Dedicated Personnel, in its reasonable discretion. E. Provide to the Administrator all amendments to Provider's claims reporting and service procedures manual. F. Provider shall provide to the City all amendments and updates to its policies and procedures manual, and agrees to make such modifications to the manual, as it pertains to the Services, as may be reasonably requested by the City. G. Obtain the Department's written approval prior to issuing a Denial of Claim letter. H. Provider acknowledges and agrees that all files created or maintained pursuant to this Agreement are the property of the City. Every two (2) years, during the Term, Provider shall deliver to the City all files that have been closed during the corresponding period, categorized by year, and in alphabetical order, and labeled as required by the City, together with an inventory of each container. Pending delivery to the City the files shall be maintained and stored by Provider, at no cost to the City. I. Make written recommendations to Department regarding any procedure or condition that should be examined to prevent future claims, which are revealed during the Provider's investigation of a claim. J. Provider understands and agrees, that at the request of the City, it may be required 03- 876 to continue to handle claim files that remain open as of the termination date of the Agreement, until their conclusion. In such event, the amount of compensation shall be renegotiated by the parties, in good faith, but shall not exceed prevailing rates charged by the Provider, to its preferred clients, as of the date of such termination. 8. COMMUNICATION: A. Provider shall maintain open, general lines of communication with the Department on an ongoing basis and shall respond to requests of the Department or the City Attorney, on a timely basis and in a cooperative manner. B. At no additional cost to the City, Provider shall be available to attend meetings required by the Department in order to: (i) educate its own and the Department' s personnel on relevant laws/filings and claim handling procedures that affect any claim, (ii) discuss specific cases of concern, (iii) resolve any problems involving the claims administration program, and (iv) address such other matters as may be reasonably required by the Department relative to the performance of services under this Agreement. C. Provider shall immediately provide the Department with information on any Workers' Compensation legislative changes. D. Provider shall return phone calls from the City or injured employee the same working day. Other requests from the City will be responded to in a timely manner. Failure to comply with the provisions of this Section shall release the City from payment of the per -claimant fee described in Attachment B with respect to such claim, as more specifically described in the Performance Agreement. 9. STAFFING, QUALITY CONTROL AND SUPERVISION: The Provider shall render high-quality claims management and adjusting services throughout the Term. The Dedicated Personnel shall have, at a minimum, the following levels of experience and licensing: Supervisor or supervising adjuster 4 years Adjusters 3 years Medical -only processor(s) 1 year Provider shall assign personnel with the ability to provide full service to English, Spanish, and Haitian -Creole speaking individuals when needed. A list of the Dedicated Personnel is attached to the Agreement as Attachment "C", and shall be updated, as needed. The City reserves the right to request a change or reassignment of any of the Dedicated 03- 876 Personnel, in its reasonable discretion. Claims personnel must be employees of the Provider. The use of independent adjusters, subcontractors, or temporary adjusters will not be acceptable without prior approval of the Administrator. Adjuster trainees are not acceptable for handling of the City's claims. The Provider shall ensure that all Dedicated Personnel are familiar with the City's labor contracts and any changes thereto, and are kept abreast of all applicable laws, including, specifically, the Workers' Compensation Statutes, DWC rules, and applicable laws. 10. BANKING/LOSS FUND MANAGEMENT: The Proposal describes three (3) Banking Options. The City selects the Automated Payment and Control System (APCS), with the Self Insured Money Management System (SIMMS) option, as more particularly described in the Proposal. The City and the Provider agree to establish the agreed upon imprest balance and the funding frequency within thirty (30) days after the date of the Agreement. 11. "BAD FAITH" LAWSUITS: The City shall be notified of all "bad faith" lawsuits filed against the Provider, which include breach of good faith and fair dealing. Any "bad faith" lawsuits filed against the City shall be handled by the City Attorney. If the allegation is that the Provider committed or acted in "bad faith," the defense of the lawsuit and attorneys' fees and expenses shall be the Provider' s responsibility, but the City Attorney shall have the right to monitor the progress of the lawsuit to its conclusion. Once a "bad faith" lawsuit has been filed, a separate file pertaining only to the issues on "bad faith" shall be established. 12. IRS FILING REOUIREMENTS OF PROVIDER: Provider will furnish required tax information for the Internal Revenue Service including 1099s with a magnetic tape of the 1099s submitted to the IRS. In the event the City requires the Provider to continue to handle claims after the termination of the Agreement, as provided in Section 7.G. above, then, at the City' s option, the Provider will file with the IRS all required information and/or documents, or will deliver such information and/or documents to the City, in the format required by the City, at no additional cost to the City. 13. OTHER REPORTS AND REOUIRED FILINGS: Provider shall be required to provide the following services: A. Prepare, maintain, and file all records and reports as may be required by legal authorities (Local, State or Federal). B. Prepare, maintain, and file statistical data, records, or reports as required by excess insurers, City actuaries, and the State. C. Prepare, maintain, and file statistical information required by worker's 03- 876 compensation rating bureaus, including all data required for the promulgation of the City's experience modification and state assessment. D. Prepare and file any other reports as required by the City and the State relating to claims experience, payments, etc. (such as DWC-51, etc.) E. Review for accuracy and approve the appropriateness of state assessments/audits, prior to the due date of the assessment. F. Prepare and submit to the Administrator, for its review and approval, all reports and/or data required to satisfy Florida' s self-insurance requirements. Required self-insurance reports shall be completed and delivered to the Administrator on a timely basis but in no event later than 30 days prior to their due date, so that the City will have sufficient time to review and execute the documents before the due date. G. Prepare and submit to the Administrator, for its review, the Unit Statistical Report (LES form SI -17) at least 30 days prior to its due date. 14. COMPUTER INFORMATION: Provider shall ensure compatibility of its systems with the current system and software used by the City as the same may be upgraded or replaced. Provider further ensures, at its cost, that its systems will remain a viable solution for on-line claims administration in the event the City upgrades or replaces any aspect of its systems throughout the Term. Provider shall be responsible for data integrity, which will include, without limitation, inputting all cause codes, facility codes, location codes, loss descriptions, and other claims information. The Provider warrants the integrity of the combined data once the data conversion is completed. Provider shall ensure successful integration/migration of all computer systems, software, and data utilized for the performance of all Services throughout the term of the Agreement. Provider shall further ensure the successful conversion of the computer systems software and data to the systems of a successive administrator, upon termination of the term of the Agreement, at no additional cost to the City. Provider shall ensure that all system notes are printed out and placed in the claim files upon termination of this Agreement. Provider shall ensure that all claims, payment data and historical data are not purged from the existing system nor merged into the new system. Workers compensation claims that do not involve indemnity payment or medical treatment shall be recorded in the database as reporting purpose only (RPO), first aid or no pay cases and should be identified in the system that same way. 15. PENALTIES OR OTHER ASSESSMENTS: Provider agrees to pay on behalf of the City any and all penalties, late fees or other amounts that may be assessed against the City, or that the City may be required to pay, as a result of Provider' s failure to comply with its obligations under the Agreement. The Provider further agrees to 03- 876 reimburse the City for payments made in error. 16. PERFORMANCE AGREEMENT: Provider shall comply with the Performance Agreement attached to the Agreement as Attachment "E" to the Agreement. II PART I SERVICES WORKERS COMPENSATION CLAIMS ADMINISTRATION Part I Services include, but are not limited to, all specified adjusting services for all claims made against the City for Workers' Compensation, as well as all other required services, such as administration, computerized claim/loss statistical information and loss fund reconciliation. Specific services to be provided are outlined in the Solicitation Documents. Provider acknowledges and agrees that the City reserves the right to add additional services as may be deemed necessary, in its sole but reasonable discretion. The Provider shall assume all of the Department' s regular activities in the processing and handling of Workers' Compensation claims. The Provider shall recommend risk control measures and safety programs to protect the City' s interest. The staff of the Provider shall work closely and in cooperation with the City Attorney, the Finance Department and other major departments in the City. The Provider represents and warrants to the City that it is, and at all times during the term hereof shall be, familiar, and comply with all existing and future labor contracts involving the City, as they may be amended from time to time, and with all local, state and federal laws, rules and regulations pertaining to the subject matter of this Agreement, including, but are not limited to, any and all laws regarding discrimination, the Florida Rules of Workers' Compensation, F.S. 440; Rules for Self -Insurers under the Workers' Compensation Act, Title 4 of the Department of Insurance; and the Rules of the Division of Workers' Compensation, Title 38, Department of Labor and Employment Security, as the same may be amended from time to time. The Provider represents that the claims personnel dedicated to the City for the provision of Services shall be available on a 7 day, 24 hour basis for investigating claims. 1. INVESTIGATION: The Provider shall ensure that the following procedures are followed and observed: A. Weekly benefits may be terminated only upon written or verbal notification by the treating physician or the City when employee returns to work. If return to work information is obtained verbally, the claims adjustor must follow up in writing with a request for written verification. If treating physician releases the employee to modified work, the Provider must promptly determine if modified work is available and offered to the employee before benefits are terminated. o3- 876 B. Where needed, rehabilitation and/or retraining will be recommended. The recommendation will be discussed with the Department to determine the availability of a permanent modified job. If City does not have a job available, rehabilitation will be initiated with concurrence by the Department as soon as practicable and the progress will be closely monitored and controlled. The Department shall be provided with a copy of all rehabilitation plans. C. Allocated Expenses will be used only where necessary, on a limited investigation basis, and only after approved by the Department. The file will include the reason for the outside assignment and the approving source at Department. The Provide will exercise discretion and control exercised on the outside person retained. Allocated Expenses are the expenses allocated to a particular claim file, which are not covered by Provider's compensation, and are limited to the expenses described in the Proposal as "Allocated Expenses", excluding photographs, video/audio tapes, supplies, postage, and other services or equipment which are normally utilized in the provision of investigative services. 2. REPORTING REOUIREMENTS AND STATUS REPORTS: A. The Provider shall provide to the Administrator a listing every 30 days indicating all employees that are losing time or working in a light-duty or restricted capacity B. Provider shall complete a Loss Notice Form at Level $, 3. ADDITIONAL PROVIDER DUTIES: In addition to all other responsibilities set forth in the Agreement, and at no additional cost to the City, the Provider shall: A. Attend Workers' compensation hearings, depositions, mediations and Pension Board hearings involving work-related injuries as requested by the City and provide responses to discovery as required by the City Attorney. B. Provide notification of pre -litigation discovery and litigation being filed against the City for any reason, to the City Attorney and to the Administrator within twenty-four (24) hours. M. PART II SERVICES GENERAL, AUTOMOBILE, & PROFESSIONAL LIABILITY CLAIMS ADMINISTRATION 1. FILE DOCUMENTATION: Provider agrees as follows: o)3— 876 A. Updated case analysis summaries will be completed and placed in any claim file involving bodily injury at least every ninety (90) days after the opening of the file. The summary will include any and all information that relates to the direction and value of the case, as well as further work to be done and a target date for completion. B. The Control Loss Criteria outlined under the Control Loss Program section of the Liability Products Standard in the Proposal shall include Reporting Events, as defined in Section I. 3. A. hereof. 2. INVESTIGATION: Provider agrees as follows: A. Conduct a thorough and complete investigation of the incident, according to the requirements of the City which shall include, but is not be limited to, the following: 1. Provider shall use best efforts to have photographs of accident scenes taken before the automobil--s have been removed from the scene. 2. Photographs or diagrams are required for all claims. 3. For automobile claims, obtain, the police and/or fire rescue report and rescue field copy, and such other documents or information as may assist in the investigation including, but not limited to, id photos from the Miami Police Department, driver' s license history and disposition of traffic citation. 4. For premises liability claims, obtain, at a minimum, if applicable, fire rescue report and field copy, police report, public works statement on jurisdiction and maintenance history of the accident location. 5. For police liability claims, where applicable, obtain at a minimum the following: a. Internal affairs file relating to the claim and Internal Affairs profile of involved officers b. Control of persons report C. K9 Bite report d. OC Usage report e. Tazer report f. Arrest affidavit g. Incident report/persons report h. State Attorney's file i. Criminal Court file j. Jail Booking record and jail photo 03- 876 3. k. Bonding Video 1. Fire/rescue report and field copy M. Disposition of any hearing panel such as DDRB or Accident Review Board n. Discharge of firearms report o. Claimant's prior arrest history P. Communications take q. Homicide file and supplementary report r. 1D Unk photos S. P sheet t. Officer worksheet 6. For fire/rescue claims, obtain the fire/rescue report and field copy, and applicable portions of medical protocols. 7. For labor claims: where applicable, obtain at a minimum, the following_ a. Employees personnel files b. Employment history with City C. Job announcements and advertisements for job classification d. Civil service hearing records e. Labor relations reports and findings f. Court transcripts g. Internal security records at Miami Police Department h. Payroll summaries i. EEOC records j. Department's employee personnel records. k. Timesheet records 1. Employment shift records at Miami Police Department M. RFP/Bid package and responses n. Employment applications o. Register and Certification lists P. 110 requests/responses q. Justice Department approvals B. As soon as possible, Provider shall obtain authorization from the injured party to obtain the pertinent information from the treating medical facility to establish the extent of injury, length of disability, and causal relationship of the injury to the alleged incident. ADDITIONAL PROVIDER DUTIES: Provider shall attend all mediations and trials as requested by the City Attorney, at no additional cost to the City. With respect to claims with impending trial dates, the Provider will take an active and aggressive role in settlement or preparation for trial. 03- 876 ATTACHMENT "B" - COMPENSATION 03- 876 City of Miami RUN IN CLAIMS COSTS AND TERMS # of Per Claimant Service Claimants Fee Total Run -In Claims Medical Only - one time fee 222 $55 $12,210 Indemnity - per claim / per year 990 $395 $391,050 Auto Liability - per claim / per year 253 $395 $99,935 General Liabili - per claim / per year 256 $395 $101,120 Professional Liability 296 $395 $116,920 Run -In Claims: Totall 2,017 $721,235 TotalStorage File Rate Closed Files 0 $1 $0 Storage: Total 0 $0 Grand Total: 2,020 $748,235 "Data Tapes section applies to the conversion process only from the City's existing system vendor. No fees will be charged for any data tapes requested by the City outside of this initial conversion. This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. it must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. si3— 876 TotalData $15,000 Tapes* Claim Source 1 Rate $15,000 Transactions / Detail Payments 1 $6,000 $6,000 Notes 1 $6,000 $6,000 Data Tapes: Total 3 $27,000 TotalStorage File Rate Closed Files 0 $1 $0 Storage: Total 0 $0 Grand Total: 2,020 $748,235 "Data Tapes section applies to the conversion process only from the City's existing system vendor. No fees will be charged for any data tapes requested by the City outside of this initial conversion. This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. it must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. si3— 876 r�iwra\ The City of Miami LIFE OF PARTNERSHIP COSTS AND TERMS Effective Date: Date: This material is the proprietary. confidential property of Gallagher Bassett Services, Inc. tt has been provided to you for the sole purpose of considering a quo(* for claims administration services. tt is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services. Inc. after its intended use. 03- 876 of Per Claimant Deposit# Service Workers Compensation Claimants Fee of Partnmhip Medical Only 720 $129 $92,880 Indemnity 180 $850 $153,000 Total Workers Compensatior 900 $245,880 Liability General BI 120 $695 $83,400 General PD 80 $335 $26,800 Auto BI 210 $695 $145,9-50 Auto PD 140 $335 $46,900 Professional Liability 160 $825 $132,000 .0 $0 $0 Total Liabilit 710 $435,050 Ancillary Services Administration Include Data Management Include Account Management $15,00 Index Bureau Reporting Includec Claim Reporting (telephonic, web or a -Fax) Include risxfacs.corn - 10 Full Users & 5 Inquiry Use Includec Electronic Incident 0 $45 $0 Total: 0 $15,000 Additional Services (charges are per user) risxfacs.cotn - Additional Users -Full 0 $2,195 $0 risxfacs.cotn - Additional Users -Inquiry 0 $1,095 $0 Total: 0 " Grand Total: 1,610 $695,930 Date: This material is the proprietary. confidential property of Gallagher Bassett Services, Inc. tt has been provided to you for the sole purpose of considering a quo(* for claims administration services. tt is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services. Inc. after its intended use. 03- 876 LIFE OF PARTNERSHIP COSTS AND TERMS (1) Claim Deposits will be reviewed semi-annually and audited at the 18th, 24th, 36th and 48th month. (2) Claims will be handled for the life of the partnership with no additional per claim fees. Note: There will be additional charges for ongoing Data Management (RISX-FACS®), dsxfacs.com users, Administration and Banking fees for as long as GB handles claims. (3) Data Management includes the following: • New Claim Setup • Historical Claims • Monthly Report by Email or the Website • Carrier Report Package by Email or Website (4) Account Administration includes the following: • Designated Account Manager • Topical Captioned Reports @ $50,000 • Index Bureau Reporting • Settlement Authority @ various levels as set for in Attachment A, Settlement Authority • Banking Administration (SIMMS) - Provided Loss Fund is Properly Funded • One Audit Per Year not including performance reviews • Meetings on an as needed basis • Reserve Alerts @ $10,000 and subsequent $5,000 changes (5) Claim Reporting • ClaimLine - Telephonic 800# reporting • Web Reporting - First reports via the web • e -Fax - Fax reporting (wc only) (6) risxfacs.com : Standard internet browseraccess to Gallagher Bassett claim database This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of conskdermg a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed of returned to Gallagher Bassett Services, Inc. after its Intended use. 03 876 STANDARD CLAIMS MANAGEMENT SERVICES Claim Charoes: The claim charge is applicable per claimant per line of coverage. Example: A client during working hours is involved in an automobile accident with another vehicle with two occupants. Both occupants were injured, both cars were damaged and our client was injured. The claims handling charges (example only) will be: Claimant #1 - Auto Liability Bodily Injury $695 Claimant #2 - Auto Liability Bodily Injury 695 Claimant Owner - Auto Liability Property Damage 335 Client — Workers' Compensation 850 Client — Auto Physical Damage 335 $2,910 The total GB fee for this one occurrence is $2,910 to adjust the accident. Specific claim charges by claimant by line of coverage is normal practice in our industry. Allocated Expenses: Shall be your responsibility and shall include, but not be limited to: • Legal Fees • Professional Photographs* • Extraordinary costs for witness statements • Medical records • Experts' rehabilitation costs • Fees for service of process • Architects, contractors • Engineer • Police, fire, coroner, weather, or other such • Property damage appraisals • Sub rosa investigation • Official documents and transcripts • Pre- and post judgment interest paid • Subrogation at 15% of gross recovery • Managed Care, when applicable Medical Examinations Extraordinary Travel made at client's request ' Court reports Accident reconstruction • Chemist Collection cost payable to third parties on subrogation • Any other similar cost, fee or expense negotiation, settlement or defense of a claim or loss which must have the explicit prior approval of the client Outside Investigation *Photos taken by adjustors are not to be charged as allocated expenses 03- 876 This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. Il has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or retumed to Gallagher Bassett Services, Inc. after its intended use. AA STANDARD CLAIMS MANAGEMENT SERVICES Workers Compensation - Medical Only Claims Evaluate and adjudicate work-related claims involving medical treatment only. Claims will be adjudicated according to statutory state requirements and corporate guidelines as amended in this Agreement. The guidelines anticipate: Investigation sufficient to determine claim type and compensability Lost days do not exceed statutory waiting period. No payments for indemnity per statute and vocational rehab No subrogation required No loss notices, captioned reports, client meetings or settlement authority is required Payment on claims do not exceed $2500 Services provided beyond the guidelines stated above will be considered indemnity cases and will be on a contract basis only. Workers Compensation - Indemnity Claims Investigate, evaluate and adjudicate work-related claima involving disability and/or payment of medical and other expenses. Claims will be adjudicated according to statutory state requirements and corporate guidelines as amended in this Agreement. Incident - Electronic and Manual Review first report and mark as "Incident'. If an adjuster is required to perform any additional work other than reviewing the first report, the incident will be converted to a claim. Liability Claims Investigate, evaluate and adjudicate all third -party claims for which you may be legally obligated. Third -party claims will be managed and administered in accordance with our product guidelines as amended in this Agreement. Property Claims Investigate, evaluate and adjudicate all first -party claims which you report involving damage or loss of real or personal property. First -party claims will be managed and administered in accordance with our product guidelines as amended in this Agreement. 03- 876 This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. ATTACHMENT C — DESIGNATED PERSONNEL Provider shall assign the following personnel to provide Services specified in this Agreement: 1. ACCOUNT MANAGER: The Account Manager is fully qualified and responsible for the performance of Provider' s responsibilities under the Agreement. The Account Manager's responsibilities include, but are not limited to: Act as Provider's representative on any claim issue or problems; ii. Act as a liaison between the City, managed care provider, medical network and any other parties as deemed necessary by the City. iii. Participate with and assist the Department in the performance reviews, as required under the Performance Agreement attached to the Agreement as Exhibit and review of other claims as requested by the Department under the Agreement. The Account Manager assigned to the City is Z. CLAIMS REPRESENTATIVE: (describe duties of claim' s representative and give required information about the Claim Representatives dedicated to the City). NAME TITLE Upon approval by the City, Provider may assign or change such other personnel as Provider deems necessary to provide the Services to the City. In such event, Provider shall replace the personnel listed above, with qualified and experienced personnel. 03- 876 ATTACHMENT D — PROVIDERS' INSURANCE REQUIREMENTS Provider agrees to maintain in full force and effect the following policies of insurance during the term of this Agreement: TYPE Workers Compensation Employers Liability Commercial General Liability Business Auto Liability Umbrella Liability Errors & Omissions LIMITS OF LIABILITY Statutory $1,000,000 Each Acc., Bodily Injury $1,000,000 Each Employee, Disease $1,000,000 Policy Limit, Disease $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Each Accident $10,000,000 Each Occurrence $10,000,000 Aggregate $10,000,000 Each Occurrence $10,000,000 Aggregate Provider shall submit a certificate or certificates evidencing the coverages in a form satisfactory to City. Said certificates(s) shall provide for thirty (30) days notice to City prior to cancellation, non -renewal or material change of any insurance required by this Agreement. Receipt of deficient certificates by City, or by any of City's representatives, does not constitute a waiver of Provider's obligation to fulfill the insurance requirements herein. The Successful Proposer(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Provider. If insurance certificates are scheduled to expire during the contractual period, the Provider shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: t 3- 876 A) Suspend the Contract until such time as the new or renewed certificates are received by the City. B) The City may, at its sole discretion, terminate the Contract for cause and seek re - procurement damages from the Provider in conjunction with the violation of the terms and conditions of the Contract. 03- 87 ATTACHMENT E — PERFORMANCE AGREEMENT Gallagher Bassett Services, Inc. ("Provider") has been retained to provide claims administration services to the City of Miami ("City") in accordance with the provisions of the Professional Services Agreement dated , 2003. The service contract is effective on , 2003, and is for an initial period of three (3) years, with five (5) one (1) year renewal options at the discretion of the City. The Provider and the City agree that Performance Reviews will be conducted after the first six months of operations, affecting all claims received during said 6 month period, and every six month period thereafter (each, a "Performance Period"). Each Performance Review will involve 100 randomly selected files, excluding workers' compensation "medical only" files. The make-up of the files selected for each review will be approximately 50 from workers' compensation, 15 auto liability, 15 general liability, and 20 police professional or public officials' liability, with at least 50% open files in each category. Claims for review will be randomly selected. Provider will provide the City with a listing of all claims incurred during each Performance Period, sorted by type of claim. The City will select random claims, such as every tenth claim, from each category until the appropriate number of claims has been selected. The City will perform two Performance Reviews for each annual period of the Agreement. The initial review will be after the Provider has been providing claims administration services for six (6) months. Each Performance Review will occur approximately 1-2 months after the conclusion of the Performance Period. The following chart outlines this schedule. Failure to perform at or above expected levels will result in a financial penalty of 5% of the amount that would be charged by the Provider for the newly incurred claims reported during the Performance Period. Any financial penalties will be credited against future amounts invoiced by Provider to the City. The review will measure seven (7) objective performance standards which are easily identified and measured. Each claim will generate a maximum of 10 points. All timeliness standards of performance are stated in business, not calendar, days. In all instances where a standard is not applicable to a particular claim file, the file will be awarded the appropriate point(s) for that standard. After each review is performed, Provider will meet with the City of Miami Risk Management Administrator or designee to discuss initial evaluation results. Thereafter, a final tally of the review results will be prepared. The outcome of all reviews will be presented to the Self -Insurance and Insurance Trust Committee for approval. The first 03- 876 review will be for information purposes only and no penalties will be imposed. A minimum of 80% average compliance (i.e. average of 8 of the possible 10 points for each claim reviewed) with claims administration expectations is expected in the first annual period of the contract. The minimum average compliance expectation is raised to 90% on the second annual period, and 95% for annual periods thereafter. Failure to meet these average compliance expectations will result in the penalty noted above. 03- 876 Performance Performance Period Expected Time of % Average Penalty Review Review Compliance for (Claims incurred during (months after No Penalty to Performance Period are initiation of Apply subject to review) contract 1 Months 1 — 6 of Contract 7 — 8 months 80% NA 2 Months 7 —12 of Contract 13 — 14 months 80% 5% 3 Months 13 — 18 of 19 = 20 months 90% 5% Contract 4 Months 19 — 24 of 25 — 26 months 90% 5% Contract 5 Months 25 — 30 of 31 — 32 months 95% 5% Contract 6 Months 31 — 36 of 37 — 38 months 95% 5% Contract #)3- 876 PERFORMANCE STANDARDS 1) Claim Receipt and Recording (1 point per claim for compliance) Provider will document workers' compensation new claim information received from the managed care vendor, and this information will be available electronically within two (2) hours of receipt from the managed care vendor. Provider will document claims intake information on all liability claims, and this information will be available electronically within two (2) hours of claim being reported. (For both workers' compensation and liability claims, if first claim data is provided to Provider after 3:00 p.m., appropriate documentation by 10:00 a.m. the next business day will be considered compliance.) 2) Two/Three Point Contact by Claims Adjuster Within 24 Hours of Claim Receipt (2 points per claim for compliance — 1 point for claimant contact attempt, 1 point for supervisor contact attempt) A minimum of "three attempts" by the claims adjuster to contact the appropriate claimant(s) and/or supervisor will be considered a "contact," if followed up with appropriate correspondence within the measurement period. 3) Document Subrogation Recovery Potential (1 point per claim for compliance) Adjusters will document subrogation, contribution, and/or coordination of benefits recovery potential in the claim file within fourteen (14) days of claim receipt. 4) Compensability Determination/Direction Within Fourteen (14) Days of Claim Receipt (1 point per claim for compliance) For workers' compensation claims, within fourteen (14) days of receipt of the claim, the claims adjuster will document compensability analysis findings. For liability claims, within two (2) days of receipt of the claim, the claims adjuster will document appropriate specific direction for the investigation and handling of the case. 5) Establishment of Reserves (2 points per claim for compliance — 1 point for appropriate reserve reviews and 1 point for appropriate City approval of reserve changes.) 03- 876 Within 72 hours of receipt of the claim, initial reserves for the file set; thereafter, reserves will be reviewed on an on-going basis, as follows: 30 days from 72 hour review 30 days from 30 day review 60 days from last 60 day review Every 6 months thereafter Increase or Decrease of reserves by $10,000 or more requires City of Miami Risk Management Administrator or designee approval. File should document approvals, if appropriate. 6) Rapid Response to Litigation Complaints (1 point for compliance — if "not applicable," 1 point assigned.) Claims adjusters will "address" litigation within two (2) days of litigation receipt. This will mean referral to the City Attorney's office for assignment within two (2) days. 7) Timely Preparation of Status Reports to the Risk Management Administrator or Designee (2 points total for compliance, 1 point for each required status report. If only one report required at time of review, 2 points assigned.) Required status reports were presented to the Risk Management Administrator or designee. Required status reports are outlined in Attachment A, Scope of Services, Reporting Requirements and Status Reports. CE AGREEMENT 03- 876 2-1-71-1111-1 l J� City of Miami RUN IN CLAIMS COSTS AND TERMS # of Per Claimant Service Claimants Fee Total Run -In Claims Medical Only - one time fee 222 $55 $12,210 Indemnity - per claim / per year 990 $395 $391,050 Auto Liability - per claim / per year 253 $395 $99,935 General Liability - per claim / per year 256 1 $395 $101,120 Professional Liability '296 $395 $116,920 Run -In Claims: Total 2,017 1 $721,235 Storage File Rate Total Clos ..- Closed Files 0 $1 $0 Storage: Total 0 $0 Grand Total: 2,020 $748,235 • Data Tapes section applies to the conversion process only from the City's existing system vendor. No fees will be charged for any data tapes requested by the City outside of this initial conversion. This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. 03- 876 Data Tapes' Claim 1 $15,000 $15,000 Transactions / Detail Payments 1 $6,000 $6,000 Notes 1 $6,000 $6,000 Data Tapes: Total 3 $27,000 Storage File Rate Total Clos ..- Closed Files 0 $1 $0 Storage: Total 0 $0 Grand Total: 2,020 $748,235 • Data Tapes section applies to the conversion process only from the City's existing system vendor. No fees will be charged for any data tapes requested by the City outside of this initial conversion. This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. 03- 876 den �taV .�19i The City of Miami LIFE OF PARTNERSHIP COSTS AND TERMS Effective Date: Date: This material is the proprietary, confidential property of Gallagher Bassett Services. Inc. ✓< has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or retumed to Gallagher Bassett Services, Inc. after its intended use. 03- 876 of Per Claimant Deposit# Service Claimants Fee Partnership Workers Compensation of Medical Only 720 $129 $92,880 Indemnity 180 $850 $153,000 Total Workers Compensation 900 $245,880 Liability General BI 120 $695 $83,400 General PD 80 $335 $26,800 Auto BI 210 $695 $145,950 Auto PD 140 $335 $46,990 Professional Liability 160 $825 $132,000 0 $0 $0 Total Liabilit 710 $435,050 Ancillary Services Administration Include Data Management Include Account Management $15,00 Index Bureau Reporting Include Claim Reporting (telephonic, web or a -Fax) Include risxfacs.com - 10 Full Users & 5 Inquiry User., Include Electronic Incident 0 $45 $0 Total: 0 $15,000 Additional Services (charges are per user) risxfacs.com - Additional Users -Full 0 $2,195 $0 risxfacs.com - Additional Users -Inquiry 0 $1,095 $0 Total: 0 Grand Total: 1,610 $695,930 Date: This material is the proprietary, confidential property of Gallagher Bassett Services. Inc. ✓< has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or retumed to Gallagher Bassett Services, Inc. after its intended use. 03- 876 i�ira\ P� d1/ LIFE OF PARTNERSHIP COSTS AND TERMS (1) Claim Deposits will be reviewed semi-annually and audited at the 18th, 24th, 36th and 48th month. (2) Claims will be handled for the life of the partnership with no additional per claim fees. Note: There will be additional charges for ongoing Data Management (R1SX-FACS@), risxfacs.com users, Administration and Banking fees for as long as GB handles claims. (3) Data Management includes the following: • New Claim Setup • Historical Claims • Monthly Report by Email or the Website • Carrier Report Package by Email or Website (4) Account Administration includes the following: • Designated Account Manager • Topical Captioned Reports @ $50,000 • Index Bureau Reporting • Settlement Authority @ various levels as set for in Attachment A, Settlement Authority • Banking Administration (SIMMS) - Provided Loss Fund is Properly Funded 0 One Audit Per Year not including performance reviews • Meetings on an as needed basis • Reserve Alerts @ $10,000 and subsequent $5,000 changes (5) Claim Reporting • ClaimLine - Telephonic 800# reporting • Web Reporting - First reports via the web • e -Fax - Fax reporting (wc only) (6) risxfacs.com : Standard internet browseraccess to Gallagher Bassett claim database This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. 03— V 16 STANDARD CLAIMS MANAGEMENT SERVICES Claim Charges: The claim charge is applicable per claimant per line of coverage. Example: A client during working hours is involved in an automobile accident with another vehicle with two occupants. Both occupants were injured, both cars were damaged and our client was injured. The claims handling charges (example only) will be: Claimant #1 - Auto Liability Bodily Injury $695 Claimant #2 - Auto Liability Bodily Injury 695 Claimant Owner - Auto Liability Property Damage 335 Client — Workers' Compensation 850 Client — Auto Physical Damage 335 $2,910 The total GB fee for this one occurrence is $2,910 to adjust the accident. Specific claim charges by claimant by line of coverage is normal practice in our industry. Allocated Expenses: Shall be your responsibility and shall include, but not be limited to: • Legal Fees Professional Photographs* • Extraordinary costs for witness statements Medical records Experts' rehabilitation costs Fees for service of process ' Architects, contractors • Engineer • Police, fire, coroner, weather, or other such Property damage appraisals Sub rosa investigation • Official documents and transcripts • Pre- and post judgment interest paid Subrogation at 15% of gross recovery • Managed Care, when applicable • Medical Examinations • Extraordinary Travel made at client's request • Court reports • Accident reconstruction Chemist • Collection cost payable to third parties on subrogation • Any other similar cost, fee or expense negotiation, settlement or defense of a claim or loss which must have the explicit prior approval of the client • Outside Investigation *Photos taken by adjustors are not to be charged as allocated expenses This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. 03— 3_ 876 STANDARD CLAIMS MANAGEMENT SERVICES Workers Compensation - Medical Only Claims Evaluate and adjudicate work-related claims involving medical treatment only. Claims will be adjudicated according to statutory state requirements and corporate guidelines as amended in this Agreement. The guidelines anticipate: Investigation sufficient to determine claim type and compe_ usability Lost days do not exceed statutory waiting period. No payments for indemnity per statute and vocational rehab No subrogation required No loss notices, captioned reports, client meetings or settlement authority is required Payment on claims do not exceed $2500 Services provided beyond the guidelines stated above will be considered indemnity cases and will be on a contract basis only. Workers Compensation - Indemnity Claims Investigate, evaluate and adjudicate work-related claims involving disability and/or payment of medical and other expenses. Claims will be adjudicated according to statutory state requirements and corporate guidelines as amended in this Agreement. Incident - Electronic and Manual Review first report and mark as "Incident". If an adjuster is required to perform any additional work other than reviewing the first report, the incident will be converted to a claim. Liability Claims Investigate, evaluate and adjudicate all third -party claims for which you may be legally obligated. Third -party claims will be managed and administered in accordance with our product guidelines as amended in this Agreement. X. Property Claims Investigate, evaluate and adjudicate all first -party claims which you report involving damage or loss of real or personal property. First -party claims will be managed and administered in accordance with our product guidelines as amended in this Agreement. This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. 03- 87c CITY OF MIAMI, FLORIDA 35 INTER -OFFICE MEMORANDUM TO : Honorable M d DATE : JUL 17 M FILE Members o e Ci ommis o SUBJECT : A resolution authorizing the City Manager to execute a ?hi Professional Services FROM : REFERENCES : Agreement with Gallagher ola Bassett, Inc. f Administrator/City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution, pursuant to Resolution No. 03-364, authorizing the City Manager to execute a professional services agreement, in substantially the attached form, attached as Exhibit 1 hereto, with Gallagher Bassett, Inc., the top ranked firm, for an initial term of three years with the City having the opti@n to extend the term for five (5) additional one (1) year periods, without further approval of the City Commission, provided that the increase in the amount of compensation payable during each of the additional one (1) year periods does not , exceed CPI. Funds will be allocated from Account Code No. 515001.624401.6.270 in an amount not to exceed the negotiated amount set forth in Exhibit 2 hereto. BACKGROUND The City of Miami issued RFP No. 02-03-010 seeking qualified and experienced firms to provide Workers Compensation Claims Administration (Part I Services) and General, Automobile and Professional Liability Claims Administration (Part II Services). The City Commission accepted the recommendation of the City Manager approving the findings o f t he E valuation C ommittee and a uthorized t he C ity M anager t o n egotiate a professional services agreement with Gallagher Bassett, Inc., the top-ranked firm. The Department of Risk Management has negotiated this agreement and the City Manager will present the negotiated agreement to the City Commission for review and consideration. JA/I�AVE db 03- 876 Budgetary Impact Analysis Department Risk Management Division Commission Meeting Date: July 24, 2003 Title and brief description of legislation or attached ordinance/resolution: Gallagher -Bassett. Company will handle all claims administration 1. Is this item related to revenue? NO ❑ YJb (If yes, skip to item #4) 2. Are there sufficient funds in Line Item? CIP Project 4: (If applicable) Yes: Index Code: 515001 Minor: 270 No: Complete the following information: i 3. Source of funds: Amount budgeted in the line item: Balance in line item: Amount needed in line item: Sufficient funds will he transferred frnm the fnllnvrina hna ;t, -me - Amount:,,, attarhad fee schedule $ 338,490.00 $ ini,95n_nn $ see attached ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minor Object From $ From $ To $ To Is 4. Comments: _^ i 1 i fil 70 COMI�At2 M ���dl{ � ..eta API"*"* li�lf � 1r►sm�snsll� Department DjLMpr/Desi APPROVALS Verlfi1 t0 frt napuft-aL[d"WC; Ito, dgeting & �€fer�a ».�»..........r VO 10pDate: 1 110 03 Date Verified by CIP: (If applicable). Director/Designee Date: �J3— 6 The City of Miami LIFE OF PARTNERSHIP COSTS AND TERMS Effective Date: Service Workers Compensation of Per Claimants Claimant Fee Deposit# of Partnership Medical Only 720 $129 $92,880 Indemnity 180 $850 $153,000 Total Workers Compensation 900 $245,880 Liability - General BI 120 $695 $83,400 General PD 80 $335 $26,800 Auto BI 210 $695 $145,950 Auto PD 140 $335 $46,900 Professional Liability 160 $825 $132,000 0 $0 $0 Total Liability,710 $435,050 Ancillary Services Administration Include Data Management L Include Account Management $15,00 Index Bureau Reporting Includec Claim Reporting (telephonic) $25,000 fisxfacs.com -10 Full Users & 5 Inquiry Use Include Electronic Incident 0 $45 $0 Total: 0 $40,000 Additional Services (charges are per user dWacs.com - Additional Users -Full 0 $2,195 $0 fi'sxfacs.com - Additional Users -inquiry 0 $1,095 $0 Total: 0 $0 Grand Total: 1,6101 $720,930 Date: This material la the proprietary, oorNtd9nW Property of Cabapher Bassett SWV c hK lthas been provided to you for the sole propose of const *ft a quote for daimf adm ration services. kis not to be dtrpleaW arshared in any fam wkh anyone dher than the ftmbkuals of such pmspec&9 diem that have a business need 10know the Wwrallon. M must be des&oyed orr hoW to Gafther Bassett Service; bro. atter its Intended use. 03- 876 tG i�1\ y/ City of Miami RUN IN CLAIMS COSTS AND TERMS Data Run -In Claims " Medical Only - one time fee 222 $55 $12,210 Indemnity - per claim / per year 990 $395 $391,050 Auto Liability - per claim / per year 253 $395 $99,935 General Liability - per claim / per year 256 $395 $101,120 Professional Liability -per claim/per year 296 $395 $116,920 Run -In Claims: Total 2,017 $721,235 Data Claim 1 $15,000 $15,000 Transactions / Detail Payments 1 $6,000 $6,000 Notes 1 $6,000 $6,000 Data Tapes: Total 3 $27,000 Data Tapes section applies to the conversion process only from the City's existing system vendor. No fees will be charged for any data tapes requested by the City outside of this initial conversion. This mate W is the WWdet&W aordld-" properly ofGapagherBe&"# Serviees, Ina it has been provided to you for the sole propose of considering a quote for etelms a&*9s&v5w aervtoes. !tis not to be du ftefed or shared in any form wtth anyone other than the 6ailvid cats of such praspecVve awit Viet have a business creed to blow the kubmw0m. It must be destroyed or retumed to Gabghw Smelt Servtoes. V= after tts bKended use. dig tz A�i LIFE OF PARTNERSHIP COSTS AND TERMS (1) Claim Deposits will be reviewed semi-annually and audited at the 18th, 24th, 36th and 48th month. (2) Claims will be handled for the life of the partnership with no additional per claim fees. Note: There will be additional charges for ongoing Data Management (R1SX-FACSO), dsxfacs.com users, Administration and Banking fees for as long as GB handles claims. (3) Data Management includes the following: • New Claim Setup • Historical Claims • Monthly Report by Email or the Website 0 Carrier Report Package by Email or Website including data tapes (4) Account Administration includes the following: _ • Designated Account Manager • Topical Captioned Reports @ $50,000 • Index Bureau Reporting • Settlement Authority @ various levels as set for in Attachment A, Settlement Authority Banking Administration (SIMMS) - Provided Loss Fund is Properly Funded • One Audit Per Year not including p"rmance reviews • Meetings on an as needed basis z • Reserve Alerts @ $10,000 and subsequent $5,000 changes (5) Claim Reporting • ClaimLine - Telephonic 800# reporting (6) risxfacs.com : Product description included in Provider's proposal with all reporting levels and Selexfacs and i -Link shall be available to the City for full users This material is the proprietary, cmWengal properly of GaNagtw Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administ vffw services. It is rwt to be dup wted or shared In any fam with anyone other than the k0widuals of such prospective e0ent Mat have a busaress creed to know the Hdormation... It must be destroyed or returned to Gallagher Bassett Services, Inc. atter its »tended use. 03- 876 STANDARD CLAIMS MANAGEMENT SERVICES Claim Charces: The claim charge is applicable per claimant per line of coverage. Example: A client during working hours is involved in an automobile accident with another vehicle with two occupants. Both occupants were injured, both cars were damaged and our client was injured. The claims handling charges (example only) will be: Claimant #1 - Auto Liability Bodily Injury $695 Claimant #2 - Auto Liability Bodily Injury 695 Claimant Owner - Auto Liability Property Damage 335 Client — Workers' Compensation 850 Client — Auto Physical Damage 335 $2,910 The total GB fee for this one occurrence is $2,910 to adjust the accident. Specific claim charges by claimant by line of coverage is normal practice in our industry. Allocated Expenses: Shall be your respopsibility and shall include, but not be limited to: • Legal Fees • Professional Photographs* • Extraordinary costs for witness statements • Medical records • Experts' rehabilitation costs • Fees for service of process • Architects, contractors • Engineer • Police, fire, coroner, weather, or other such • Property damage appraisals • Sub rosa investigation • Official documents and transcripts • Pre- and post judgment interest paid • Subrogation at 15% of gross recovery • Managed Care, when applicable • Medical Examinations • Extraordinary Travel made at client's request • Court reports • Accident reconstruction • Chemist • Collection cost payable to third parties on subrogation • Any other similar cost, fee or expense negotiation, settlement or defense of a claim or loss which must have the explicit prior approval of the client • Outside Investigation *Photos taken by adjustors are not to be charged as allocated expenses This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. If has been provided to you for the sole purpose of considering a quote for claans administration services. It is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services. Inc. after its intended use. iGi11 L 107.AP STANDARD CLAIMS MANAGEMENT SERVICES Workers Compensation - Medical Only Claims Evaluate and adjudicate work-related claims involving medical treatment only. Claims will be adjudicated according to statutory state requirements and corporate guidelines as amended in this Agreement. The guidelines anticipate: Investigation sufficient to determine claim type and compensability Lost days do not exceed statutory waiting period. No payments for indemnity per statute and vocational rehab No subrogation required No loss notices, captioned reports, client meetings or settlement authority is required Payment on claims do not exceed $2500 Services provided beyond the guidelines stated above will be considered indemnity cases and will be on a contract basis only. - Workers Compensation - Indemnity Claims Investigate, evaluate and adjudicate work-related claims involving disability and/or payment of medical and other expenses. Claims will be adjudicated according to statutory state requirements and corporate guidelines as amended in this Agreement. Incident - Electronic and Manual Review first report and mark as "Incident". If an adjuster is required to perform any additional work other than reviewing the first report, the incident will be converted to a claim. Liability Claims Investigate, evaluate and adjudicate all third -party claims for which you may be legally obligated. Third -party claims will be managed and administered in accordance with our product guidelines as amended in this Agreement. Property Claims Investigate, evaluate and adjudicate all first -party claims which you report involving damage or loss of real or personal property. First -party claims will be managed and administered in accordance with our product guidelines as amended in this Agreement. This material is the proprietary, confidential properly of Gallagher Bassett Services, Inc. It has been provided to you for Bre sale purpose of considering a quote for daims admirdstrabon servke& it is not to be duplicated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the informerion. It must be destroyed or returned to Gattagher Bassett Services Inc. atter its intended use. 03- 876 MAY -13-2003 12:40 r TY CLERKS OFFICE 305 858 1610 P.02 J-03-227 3/13/03 RESOLUTION NO. 0 3` 364 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE PURSUANT TO REQUEST FOR PROPOSAL NO. 02-03-010, FOR WORKERS COMPENSATION CLAIMS ADMINISTRATION (PART I SERVICES); GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY HANDLING CLAIMS ADMINISTRATION (PART II SERVICES), AND/OR MANAGED CARE SERVICES (PART III SERVICES); AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"),' WITH GALLAGHER BASSETT SERVICES, INC., THE TOP-RANKED FIRM, FOR THE PROVISION OF PART I AND PART II SERVICES, AND SHOULD NEGOTIATIONS FAIL WITH THIR TOP-RANKED FIRM, TO NEGOTIATE WITH CRAWFORD=AND COMPANY, THE SECOND -RANKED FIRM, UNTIL A CONTRACT IS NEGOTIATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS (PGCS), THE TOP-RANKED FIRM, FOR THE PROVISION OF PART III SERVICES, FOR A THREE-YEAR PERIOD, -WITH THE OPTION TO EXTEND FOR FIVE ADDITIONAL ONE-YEAR PERIODS, AND SHOULD NEGOTIATIONS FAIL, THE EVALUATION COMMITTEE SHALL RECONVENE TO RECONSIDER ITS RECOMMENDATION FOR AWARD; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT(S) TO THE CITY COMMISSION FOR CONSIDERATION. WHEREAS, the City of Miami ("City") issued Request for Proposal No. 02-03-010 seeking qualified and experienced firms for the provision of the following services for the Department of Risk Management: 03- 87 CITY CO3DUSSWU NrE£TING OF App' 1 2003 Reaolutica Na MAY -13-2003 12:40 CI" CLERKS OFFICE 305 858 1610 P.03 Part I Services: Workers Compensation Claims Administration Part II Services: General, Automobile and Professional Liability Claims Administration (Police Tort and Public Officials Liability) Part III Services: Managed Care Services; and WHEREAS, Risk Management requires the services of a qualified and experienced third -party claims administrator and workers compensation managed care provider to provide alternatives to its Risk Management Division to more efficiently ,s and effectively utilize its resources to reduce the overall number and/or severity of workers compensation and liability claims as well as develop, implement, and monitor certain service quality indicators in an effort to improve the overall quality and efficiency of services provided to the citizens, vendors and employees of the City; and WHEREAS, Parts I and II Services require a Third -party Claims Administrator ("TPA") to assume the daily activities, currently performed by staff in the Risk Management Division, to process and handle the City's claims for Workers' Compensation, and Liability - general, auto, and professional liability (police tort and public officials liability), including all specified adjusting services and other required services such as 03- 876 Page 2 of 6 MAY -13-2003 12:41 TY CLERKS OFFICE 305 858 1610 P.04 administration, computerized claim/loss statistical information, and loss fund reconciliation; and WHEREAS, the TPA will also provide 24-hour call center service, recommend risk control measures to protect the City's interests, implement an enhanced comprehensive Safety program, and implement an enhanced comprehensive Light Duty Program for the entire City and all labor groups; and WHEREAS, Part III Services provide that the Managed Care vendor provide all of the services related to the City's workers Compensation Managed Care Claims, which is essentially a change of vendors, as the City is currently utilizing Occupational Health Systems, Inc. for the provision of these services; and WHEREAS, the Evaluation. Committee recommended Gallagher Bassett Services, Inc., as the top-ranked firm, for the provision of both Parts I and II Services; and WHEREAS, the Evaluation Committee further recommended that should negotiations fail with Gallagher Bassett Services, Inc., that the City negotiate with Crawford and Company, the second -ranked firm, until a contract is negotiated to present to the City Commission for final approval; and 03- 876 Page 3 of 6 HAY -13-2003 12:41 C"'Y CLERKS OFFICE 305 858 1610 P.05 WHEREAS, the Evaluation Committee recommended Preferred Governmental Claim Solutions ("PGCS"), as the top-ranked firm, for the provision of Part III Services; and WHEREAS, the Evaluation Committee further recommended that should negotiations fail with PGCS, the Evaluation Committee shall reconvene to reconsider its recommendation for award; and WHEREAS, the City Manager concurred with the recommendations of the Evaluation Committee; NOW, THEREFORE, BENT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation of the City Manager to approve the findings of the Evaluation Committee pursuant to Request for Proposal No. 02-03-010, that the firms most qualified to provide Worker's Compensation Claims Administration (Part I Services) and General Automobile and Professional Liability Handling Claims Administration (Part II Services), in rank order are. (1) Gallagher Bassett Services, Inc., the top-ranked firm and (2) Crawford and Company, the second -ranked firm, and the 03- 8'7 6 Page 4 of 6 MAY -13-2003 12=41 r*TY CLERKS OFFICE 305 958 1610 P.06 firm most qualified to provide Managed Care Services (Part III Services) is Preferred Governmental Claims Solutions ("PGCS"), are approved. Section 3. The City Manager is authorized' -'l to negotiate a Professional Services Agreement ("Agreement"), with Gallagher Bassett Services, Inc,, the top-ranked firm, for Parts I and II Services, for a three-year period, with the option to extend for five additional one-year periods. Section 4. The -City Manager is further authorizedll to negotiate an Agreement with Crawford and Company, the second -ranked firm, should negotiations fail with Gallagher Bassett Services, Inc. Section S. The City Manager is authorizedll to negotiate an Agreement, in a form acceptable to the City Attorney, with Preferred Governmental Claims Solutions ("PGCS") the top-ranked firm, for the provision of Part III services, for a three-year period, with the option to extend for five additional one-year periods. �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable provisions of the City charter and Code. 03- 87C Page 5 of 6 """'� MAY -13-2003 12:41 CT" ' CLERKS OFFICE 305 858 1610 P.07 Section 6. The Evaluation Committee shall reconvene to reconsider its recommendation for award should negotiations fail with PGCS. Section 7. The City Manager is directed to present the negotiated Agreements to the City Commission for consideration. Section B. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral PASSED AND ADOPTED this 10th day of ATTEST: f J PRISCILLA A. THOMPSON / CITY CLERK APPROVED"A TO F CORRECTNESS -.t iV ''CITY ATTORNEY 033:tr:AS:BSS it , 2003. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon City Commission. override of the veto by the 03'. 876 Page 6 of 6 7/23/03 Mayor and Commissioners; SUBMITTED INTO THE PUBLIC RECORD FOR ITEM 35 ON- Fav -o3 I have been appearing before the City Commission for 16 years now. At no time have I ever given erroneous numbers in any presentation on backup that I have given; and I have certainly never lied to any Commissioner or Mayor on any presentation I have given. All the numbers I have used in any presentation have been directly from the City records. I also knew that if I had ever lied I could of faced punishment up to and including dismissal like every other Civil Servant I represent; there are strict rules in every department and Civil Service rules about truthfulness. But more so than that I knew my credibility was at stake every time I appeared before the City Commission. If I had ever lied, I would have had to give up my job as Union President, because no Mayor or Commissioner would have ever believed my numbers again. The Union has hired an economist, Mr. Larry Jessup, to present information regarding the data provided by the City. I told you in two previous appearances before the Commission on Risk Management that hiring a private company would cost the Tax pavers of Miami more money. No less than seven times in the two Commission 03- 876 meetings regarding Risk Management discussions have you had an Assistant to the City Manager mislead you. Assistant Manager, Mr. Monzon, sat in the managers chair and told you that you would save more than half a million dollars by doing this change. During those two meetings Assistant City Manager, Ms. Haskins, has also stood by Mr. Myers and assistant City Manager Mr. Monzon, shaking her head, yes the city would save more than half a million dollars by privatizing Risk Management. When asked by Commissioner Winton, on record, if this was a net savings, Mr. Myers responded, yes it is. I ask all of you how can you trust any numbers that these individuals give you now. You now have in place an Auditing General that responds directly to the Commission, and before you make any decisions you should use those tools that you have in place to protect yourselves and check all of the City's numbers and assertions contained in the Gallagher Bassett contract. Since Commissioner Sanchez got involved a few years ago, the City has hired at least fifteen new employees including executives in Risk Management. If you notice in the City's contract, they are requiring for Gallagher Bassett supervisors in charge of our program for four years experience as a supervisor and they cannot use trainees for the City's work. I have incl ded Submitted Into the public item_-- �ju-so;or� ��g City Glcrk 03- 876 our job requirements for claims adjuster I through claims supervisor. If you look at claims adjuster I, II, III, all are required to have State of Florida licenses. Claim Adjuster I must have 6 months experience. Claim Adjuster II must have 2 years experience. Claims Adjuster III must have 5 years experience. Claims Supervisor must have a bachelor's degree in Risk Management and Insurance or Health Administration or a close related field and posses 3 years experience plus a State of Florida license. As you can see we are down grading our qualifications. All of the employees that the City has hired have more experience and qualifications that is required by the Gallagher Bassett contract. There is no doubt that if the City was willing to commit half the resources the City Manager is willing to give Gallagher Bassett, you would have a great Risk Management Department. In the last three weeks, you have had two employees resign. One has gone to work for Gallagher Bassett and the other has gone to work for Dade County. There is no question that we have skilled and competent employees working in the Risk Management Department. Furthermore, if the City Manager wanted to privatize the Risk Management Department, why did he hire a new Director? This makes no sense to me. It also does not make any sense to manipulate the information 03- 876 you, the Commission, need to make your decisions. It is especially offensive when the administration does not tell the truth in order to have its way. At the last Commission meeting when Commissioner Sanchez stated that he asked the management to pick 4 employees and do surveillance on them, he stated that two out of the 4 were working else where while on disability. At that time you also asked Risk Management how many employees have been investigated since then? They did not have that number available for you. I would appreciate if you would have the City put on record, how many employees have been investigated? I think you will find that we don't have 50 % of those on disability who shouldn't be on disability. If there are any then they should be taken off of disability benefits. At this time I would like to turn over my presentation to Mr. Larry Jessup. 3 5 -7 3 03- 876 DEPT FIRST NAME MIDDLE NAME LAST NAME UNION YEARS SERVICE MONTHS SERVICE 6200 DULCE M BORGES 6 28 3 6200 SYLVIA L OGUNTOYINBO 1 24 4 6200 DORIS I RAMIREZ 1 23 4 6200 MARIO BARRERA 1 22 2 6200 ANTIONETTE R DAVIS 1 21 1 6200 BONNIE L WILLEY 6 18 0 6200 TERRY M QUEVEDO 1 15 9 6200 DENISE R MORALES 4 15 8 6200 ANA M CRUZ 1 14 0 6200 MARIA L HERNANDEZ 1 9 6 6200 HAROLD R STEINBERG 8 4 7 6200 MIRIAM BALASINO 1 3 11 6200 ANGELLA A BREADWOOD 6 3 7 6200 PAULA C. CHANDLER 1 3 3 6200 JEFFREY L COLLIER 1 2 11 6200 JOANN T DOUGLAS 1 2 11 6200 FRANCISCO GOMEZ JR 1 2 11 6200 PATRICE E NOVAL 4 2 9 6200 NILDA J PRENDES 1 2 9 6200 COURTLAND BULLARD 1 2 7 6200 SADIE S BROWN 1 2 5 6200 ANTOINE P LAURENT 1 1 6 6200 ENERGILIA. A. LOPEZ 1 0 9 6200 MARY A. HUNTER 8 0 8 6200 DIANE J IERICSON 21 0 5 03-- 876 JULY 17, 2003 CITY OF MIAMI REPORT 180-300 PAYROLL / PERSONNEL SYSTEM DEPT/DIV 006200 AFSCME REQUEST 7/17/2003 ----------EMPLOYEE NAME---------- EMPLE GROUP ANNUAL SALRY JOB CODE JOB CDE ABBR ABBREV MIRIAM BALASINO O1 32,740.66 001060 CLAIMSREPR RISK MGMT. MARIO BARRERA O1 55,965.52 001810 CLMS ADJ I RISK MGMT. SADIE S BROWN O1 24,316.86 001010 CLERK I RISK MGMT. COURTLAND BULLARD O1 41,852.93 001820 COL/SUB SP RISK MGMT. PAULA C CHANDLER O1 22,038.85 001021 TYP CLK II RISK MGMT. JEFFREY L COLLIER O1 43,918.99 001812 CLMS ADJ 2 RISK MGMT. ANA M CRUZ O1 43,918.99 001808 CLMACCTSPC RISK MGMT. ANTIONETTE R DAVIS O1 60,258.02 001812 CLMS ADJ 2 RISK MGMT. JOANN T DOUGLAS O1 46,064.51 001812 CLMS ADJ 2 RISK MGMT. FRANCISCO GOMEZ JR O1 48,316.11 001812 CLMS ADJ 2 RISK MGMT. MARIA L HERNANDEZ O1 46,064.51 001812 CLMS ADJ 2 RISK MGMT. ANTOINE P LAURENT O1 19,019.31 001011 CLERK II RISK MGMT. ENERGILIA A LOPEZ O1 34,356.61 001810 CLMS ADJ I RISK MGMT. SYLVIA L OGUNTOYINBO O1 55,965.52 001345 FISC ASST RISK MGMT. NILDA J PRENDES O1 32,740.66 001154 GRPINSAIDE RISK MGMT. TERRY M QUEVEDO O1 58,654.96 001812 CLMS ADJ 2 RISK MGMT. DORIS I RAMIREZ O1 43,968.29 001022 TY CLK III RISK MGMT. DENISE R MORALES 04 50,806.50 001156 GRPINSASST RISK MGMT. PATRICE E NOVAL 04 68,077.15 001330 SAFTY COOR RISK MGMT. • DULCE M BORGES 06 71,441.34 008083 ADM AST II RISK MGMT. ANGELLA A BREADWOOD 06 71,441.34 008051 CLAIMS SUP RISK MGMT. BONNIE L WILLEY 06 53,322.67 008083 ADM AST II RISK MGMT. PAGE 203 ez JULY 17, 2003 CITY OF MIAMI REPORT 180-300 PAYROLL / PERSONNEL SYSTEM DEPT/DIV 006200 AFSCME REQUEST 7/17/2003 E GROUP ANNUAL SALRY JOB CODE ----------EMPLOYEE NAMfi----------MPLE MARY A HUNTER 08 47,840.00 009254 ..HAROLD R STEINBERG 08 47,840.00 009254 DIANE J ERICSON 21 115,000.08 008052 TOTAL COUNT: 25 DEPT TOTALS: JOB CDR ABBR ABBREV ADJSTR T ADJSTR T RISKMGTADM RISK MGMT. RISK MGMT. RISK MGMT. PAGE 204 MJC/mjc 4/29/02 Original/Revised I" POSTING v . r I,�,t of S, 0-, t F,!Ued Into the public on -Nl-b3 C4 (,-Iafk18l0 CLAIMS ADJUSTOR I Starting Salary: $33,162 yearly Closing Date: When a sufficient number of qualified persons have applied. Maximum Salary: $42,392 yearly Method of Qualification: Applicants will be assessed on the basis of their training and experience as shown on the application form. REQUIREMENTS: High School Diploma or G.E.D., plus current State of Florida 520, 524, 620 or 624 license with a minimum of six (6) months experience in one of the following areas: tort claims or workers' compensation claims. Possession of a valid Florida Driver License is also required. DOCUMENTS: Copies of valid Florida Driver License and current State of Florida Class 520, 524, 620 or 624 license must be submitted at time of application. Driving records will be reviewed prior to eligibility determination. It is essential that applicants describe their experience in a detailed manner, or they will be disqualified. TOXICOLOGY: PROSPECTIVE EMPLOYEES SHALL SUBMIT TO A TOXICOLOGY SCREEN AT THEIR OWN EXPENSE. THE COST IS $20.50. IF THE RESULTS ARE NEGATIVE, THE CITY WILL REIMBURSE THE CANDIDATE FOR THE COST OF THE SCREEN. IF THE RESULTS ARE POSITIVE, THE CANDIDATE WILL ASSUME THE COST INCLUDING THAT OF ANY TEST CONFIRMATION. DUTIES: This is general investigative work involving torts and workers' compensation. Position incumbent participates in the investigation of claims and counter- claims filed by and against the City of Miami, interviews witnesses, takes statements and affidavits, photographs scenes of accidents, and assembles evidence for court presentations. Takes initial workers' compensation injury reports and analyzes compensability of claims. Ensures that injured City employees receive medical care, treatment and disability payments. Handles workers' compensation litigation claims, when necessary. Works closely with supervisor and workers' compensation attorneys. Helps to maintain investigative files of claims for and against the City. OPEN/NON-COMPETITIVE APPLY: DEPARTMENT OF HUMAN RESOURCES, EMPLOYMENT OFFICE 4,14 Sly+/ ?nd / voi� .:e .1129. Miam, FI 33130. JOB LINE: (305) 416-2050 WEBSITE: www.ci.miami.fl.us. NOTE: SUBMIT A NEW APPLICATION EACH TIME YOU APFLY FOR A CITY NUB. PROOF OF EDUCATION (diplorna. degree, certification, if required) MUST BE SUBMITTED AT TIME OF APPLICATION. COLLEGE TRANSCRIPT ARE REQUIRFD UNi.ESS ACADEMIC MAJOR IS INDICATED ON THE FACE OF THE CREDENTIAL. FOREIGN DEGREES, CERTIFICATES OR CIPLOIVA,'; F)I OUR; TF;AfwtiCF`dPT EVAH1PTIOI',IS BY COLL.EGEL:, Uf11VEIlSIrIL-3, OR APPROVED TRANSCRIPT EVALUATION SERVICES WHICH PROVIDE SUCH SERVh:,E` T(%! -',El ERMINF RECIPROCITY TO AMERICAN TRAINING. PRIOR TO MAKING POSITION OFFERS, THE HIRING DEPARTMENT MAY INTERVIEW ALL ELIGIBLE APPLICANTS OR A REPRESENTATIVE_ NUMBER IN ORDER TO ENSURE THE APPOINTMENTS ARE BASED ON MERIT AND IN COMPLIANCE WITH THE CITY'S AFFIRMATIVE ACTION PLAN, CIVIL SERVICE RULES, APPLICABLE LABOR AGREEMENTS, ADMINISTRATIVE POLICIES, AND/OR ANY APPLICABLE COURT RULINGS. PRIOR TO EMPLOYMENT WITH THE CITY OF MIAMI, SUCCESSFUL COMPLETION OF A DRUG SCREEN, MEDICAL EXAMINATION, AND BACKGROUND INVESTIGATION WILL BE REQUIRED. APPOINTMENT (INCLUDING PROMOTIONS OR TRANSFERS) TO CERTAIN POSITIONS WILL REQUIRE A DRUG SCREEN, MEDICAL EXAMINATION AND/OR A BACKGROUND INVESTIGATION. VETERAN'S PREFERENCE IS AWARDED IN ACCORDANCE WITH FLORIDA STATE STATUTE 295.07. IF VETERAN'S PREFERENCE IS BEING CLAIMED, IT MUST BE INDICATED ON THE APPLICATION FORM AND PROPER DOCUMENTATION MUST BE SUBMITTED WITH APPLICATION. AN ORIGINAL DD -214 (IF APPLICABLE) MUST BE SHOWN. CITY EMPLOYEES AND RESIDENTS MAY RECEIVE PREFERENCE DURING THE HIRING PROCESS. THE CITY OF MIAMI IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP. 03- XVR MJC/mjc 11/05/01 Orig. Vt Posting lltt1a of .,ffliami 'Into the pub -lir, Pn3c- dla A. 1812 P •, RESTRICTED TO CITY OF MIAMI EMPLOYEES CLAIMS ADJUSTOR II Starting Salary: $35,061 annually Closing Date: Friday, November 16, 2001 Maximum Salary: $44,628 annually Method of Selection: Applicants will be assessed on the basis of training and experience as shown on the application form. REQUIREMENTS: Graduation from High School or GED, PLUS current State of Florida Class 520, 524, 620 or 624 license with a minimum of two (2) years experience as an adjustor investigating varied types of insurance claims in the related area of assignment: tort claims, workers' compensation claims, or claims in a related field. Additionally, a valid Florida Non -Commercial driver's license is required. DOCUMENTATION: All applicants must submit proof of education, current 520, 524, 620 or 624 license and a Florida Driver's license with application. Additionally, applicant must detail required experience on the application form or risk disqualification. NOTE: Driver's license record will be checked prior to appointment. SELECTION: Selection process may include a formal interview and/or performance test, background investigation, toxicology screen and/or post -offer medical examination. Appointment to this position may require the submission of official, sealed college transcripts. DUTIES: This is specialized investigative work, where the work products are used in the preparation and presentation of court cases. Position incumbent investigates claims and counter -claims filed by and against the City of Miami, interviews witnesses, takes statements and affidavits, photographs scenes of accidents, and assembles evidence for court presentation. Investigates claims for damages to private property or personal injuries alleged to be caused by negligence of City employees or damages caused to City property by others. Investigates Workers' Compensation claims; maintains Workers' Compensation claims files; analyzes the compensability of Workers' Compensation claims; performs periodic reviews of medical reports and work status of claimants. Performs other related work as required. RESTRICTED/NON-COMPETITIVE 0_3_- ___8_76 APPLY: DEPARTMENT OF HUMAN RESOURCES, EMPLOYMENT OFFICE, 444 SW 2nd Avenue, #129, Miami, FI 33130. JOB LINE: (305) 416-2050. WEBSITE: www.ci.miami.fl.us. NOTE: SUBMIT A NEW APPLICATION EACH TIME YOU APPLY FOR A CITY JOB. PROOF OF EDUCATION (diploma, degree, certification, if required) MUST BE SUBMITTED AT TIME OF APPLICATION. COLLEGE TRANSCRIPTS ARE REQUIRED UNLESS ACADEMIC MAJOR IS INDICATED ON THE FACE OF THE CREDENTIAL. FOREIGN DEGREES, CERTIFICATES OR DIPLOMAS REQUIRE TRANSCRIPT EVALUATIONS BY COLLEGES, UNIVERSITIES, OR APPROVED TRANSCRIPT EVALUATIQN SERVICES WHICH PROVIDE SUCH SERVICES TO DETERMINE RECIPROCITY TO AMERICAN TRAINING. PRIOR TO MAKING POSITION OFFERS, THE HIRING DEPARTMENT MAY INTERVIEW ALL ELIGIBLE APPLICANTS OR A REPRESENTATIVE NUMBER IN ORDER TO ENSURE THE APPOINTMENTS ARE BASED ON MERIT AND IN COMPLIANCE WITH THE CITY'S AFFIRMATIVE ACTION PLAN, CIVIL SERVICE RULES, APPLICABLE LABOR AGREEMENTS, ADMINISTRATIVE POLICIES, AND/OR ANY APPLICABLE COURT RULINGS. PRIOR TO EMPLOYMENT WITH THE CITY OF MIAMI, SUCCESSFUL COMPLETION OF A DRUG SCREEN, MEDICAL EXAMINATION, AND BACKGROUND INVESTIGATION WILL BE REQUIRED. APPOINTMENT (INCLUDING PROMOTIONS OR TRANSFERS) TO CERTAIN POSITIONS WILL REQUIRE A DRUG SCREEN, MEDICAL EXAMINATION AND/OR A BACKGROUND INVESTIGATION. VETERAN'S PREFERENCE IS AWARDED IN ACCORDANCE WITH FLORIDA STATE STATUTE 295.07. IF VETERAN'S PREFERENCE IS BEING CLAIMED, IT MUST BE INDICATED ON THE APPLICATION FORM AND PROPER DOCUMENTATION MUST BE SUBMITTED WITH APPLICATION. AN PRIGINAL DD -214 (IF APPLICABLE) MUST BE SHOWN. CITY EMPLOYEES AND RESIDENTS MAY RECEIVE PREFERENCE DURING THE HIRING PROCESS. THE CITY OF MIAMI IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP. MJC/bgv 9/30/88 ORIG. G �itu of Atamt `.. SubT pu with orY`ipson 1816 City Clerk The advertisement for this position is pursuant to the administrative function of maintaining a list of eligibles. Positions can be filled upon approval by the City Manager. RESTRICTED TO CITY OF MIAMi EMPLOYEES IN THE LAW DEPARTMENT CLAIMS ADJUSTOR 111 Starting Salary: $22,797 yearly Maximum Salary: Depends on date of appointment and bargaining unit. Closing Date: Oct. 7, 1988 Method of Selection: Applicants will be assessea on the basis of their training and experience as shown on the application form. REQUIREMENTS: Possession of a valid State of Florida class 520 or 620 license and a minimum of five (5) years experience performing specialized investigations in the areas of Police Tort, Civil Rights and General Liability Claims. NOTE ii: A COPY OF STATE OF FLORIDA CLASS 520 OR 620 LICENSE MUST BE SUBMITTED BY CLOSING DATE IN ORDER TO QUALIFY. NOTE: /2: PURSUANT TO THE CITY COMMISSION'S RULING ALL APPLICANTS WHO ARE INTERVIEWED AND OFFERED EMPLOYMENT SHALL AT THEIR OWN EXPENSE PAY FOR THE TOXICOLOGY SCREENING PRIOR TO BEING PROCESSED ANY FURTHER THROUGH THE MEDICAL EXAMINATION WHICH IS A PREREQUISITE FOR EMPLOYMENT. THE COST OF SCREENING IS $15.00. IF THE RESULTS OF THE SCREENING COMES OUT NEGATIVELY THE CITY WILL GLADLY REIMBURSE APPLICANTS FOR THE COST OF THE TEST. IF THE TEST RESULTS REFLECT THE INGESTION OF ILLEGAL SUBSTANCES, THE APPLICANT MUST ASSUME THE TOTAL COST - INCLUDING THAT FOR ANY TEST CONFIRMATION. DUTIES: This is advanced specialized investigative work. Position incumbent investigates complex Police Tort, Civil Rights and General Liability Claims; interviews city employees, claimants and witnesses; takes statements and affidavits; photographs scenes of accidents; assembles evidence for court presentations. Prepares reports of findings and negotiates settlements with claimants within specified monetary limits. Recommends litigation when settlement cannot be negotiated; prepares correspondence to claim- ants regarding recommendations on admissibility of claim. Performs related work as required. RESTRICTED/NON-COMPETITIVE APPLY: EMPLOYMENT OFFICE, iDEPARTMENT OF PERSONNEL MANAGEMENT, 1147 N.W. 11TH STREET, MIAMI, FL 33136/ JOB LINE 579-3356 NOTE: SUBMIT A NEW APPLICATION EACH TIME YOU APPLY FOR A CITY JOB. f IF YOU ARE A VETERAN, WHETHER DISABLED OR NON -DISABLED, OF ANY BRANCH OF THE UNITED STATES ARMED FORCES, OR THE SPOUSE OR WIDOW (ER) OF SUCH VETERAN, YOU MAY (OR MAY NOT) BE ELIGIBLE FOR VETERAN'S PREFERENCE UNDER FLORIDA STATUTES CHAPTER 295 AND SECTION 1.01(15). IF VETERAN'S PREFERENCE IS BEING CLAIMED, IT MUST BE INDICATED ON THE APPLICATION FORM AND A DD -214 MUST BE SUBMITTED WITH APPLICATION. FOREIGN DEGREES REQUIRE TRANSCRIPT EVALUATIONS BY COLLEGES OR UNIVERSITIES WHICH PROVIDE SUCH SERVICES ! TO DETERMINE RECIPROCITY TO AMERICAN DEGREES. THE CITY OF MIAMI IS AN EOUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP. MJC/neg 10/28/97 ORIG. 18t POSTING t# T �f , ubliC with _35-pson City abst RESTRICTED TO CITY OF MIAMI EMPLOYEES ASSISTANT CLAIMS SUPERVISOR Starting Salary: $29,488 yearly Closing Date: Friday, November 14, 1997 REQUIREMENTS: NOTE: TOXICOLOGY: Maximum Salary: Based on date of appointment and bargaining unit. Method of Selection: Applicants will be assessed on the basis of their training and experience as shown on the application form. Valid Florida Non -Commercial Driver's license (Class D or E). Possession of a current State of Florida 520 or 620 license and permanent civil service status as a Claims Adjustor III with one (1) year of continuous service in said classification beyond the date of permanent appointment. Supervisory experience is preferred. Valid Florida Non -Commercial Driver's license (Class D or E). Possession of a current State of Florida 520 or 620 license and permanent civil service status as a Claims Adjustor II with four (4) years of continuous service in said classification beyond the date of permanent appointment. Supervisory experience is preferred. COPIES OF CURRENT STATE OF FLORIDA 520 OR 620 LICENSE AND FLORIDA NOW COMMERCIAL DRIVER'S LICENSE CLASS D OR E MUST BE SUBMITTED NO LATER THAN THE CLOSING DATE IN ORDER TO QUALIFY. PROMOTIONAL PROCESS MAY REQUIRE A PHYSICAL EXAMINATION WHICH WILL. INCLUDE A DRUG SCREEN. DUTIES: This is advanced technical and supervisory work assisting with the management of liability, worker's compensation and property loss claims. Position incumbent assists in supervising activities involved with initial contact, investigation and adjudication of all claims. Assists in developing and implementing claims handling procedures. Assists in assigning and supervising the work of claims adjustors and support staff.'` Prepares comprehensive reports to include statistical data. Establishes reserves on all pending claims. Performs related work as required. PROMOTIONALINON-COMPETITIVE APPLY: EMPLOYMENT OFFICE, DEPARTMENT OF HUMAN RESOURCES, 444 S.W. 2nd Avenue,lst Floor, MIAMI, FL 33130 JOB LINE 416-2050 0 NOTE: SUBMIT ANEW APPLICATION EACH TIME YOU APPLY FOR A CITY ,JOB. 03- 876 IF YOU ARE A VETERAN, WHETHER DISABLED OR NON -DISABLED. OF ANY BRANCH OF THE UNITED STATES ARMED FORCES, OR THE SPOUSE OR WIDOW (ER) OF SUCH VETERAN, YOU MAY (OR MAY NOT) BE ELIGIBLE FOR VETERAN'S PREFERENCE UNDER FLORIDA STATUTES CHAPTER 295 AND SECTION 1.01 (15). IF VETERAN'S PREFERENCE IS BEING CLAIMED, IT MUST BE INDICATED ON THE APPLICATION FORM AND A DD -214 MUST BE SUBMITTED WITH APPLICATION. AN ORIGINAL DD -214 MUST BE SHOWN. FOREIGN DEGREES REQUIRE TRANSCRIPT EVALUATIONS BY COLLEGES, UNIVERSITIES, OR APPROVED TRANSCRIPT EVALUATION SERVICES WHICH PROVIDE SUCH SERVICES TO DETERMINE RECIPROCITY TO AMERICAN DEGREES. q THE CITY OF MIAMI IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP) RO/ro 6/14/99 .*/Rev. 3' Posting situ �f Liblic fo 35 7.,,npson tidy Clerk 1824 CLAIMS SUPERVISOR Salary Range: $33,818 - $49,974 yearly (In -hire rate may be negotiable depending on training and experience) Closing Date: When a sufficient number of qualified persons have applied. Maximum Salary: Based on date of appointment and bargaining unit. Method of Selection: Applicants will be assessed on the basis of their training and experience as shown on the application form. REQUIREMENTS: Bachelor's degree in Risk Management and Insurance, Business Administration, Health Administration or a closely related field plus three (3) years of experience investigating, reviewing or settling worker's compensation claims with an insurance carrier, adjusting firm or self-insurance program OR an equivalent combination of training and experience beyond an Associate's degree. Possession of current State of Florida 220, 520, 524, 620 or 624 license is required. At least one year of the aforementioned experience must have been in a supervisory capacity. DOCUMENTATION: Copy of current State of Florida 220, 520, 524, 620 or 624 license must be submitted with application in order to qualify. In addition, proof of education must be submitted with application in order to qualify. If degree does not reflect academic major on its face, a transcript must be submitted. SELECTION: Prior to making position offers, the hiring department may interview all eligible applicants or a representative number in order to ensure the appointments are based on merit and in compliance with the City's Affirmative Action Plan, Civil Service Rules, applicable labor agreements, Administrative Policies, and/or any applicable court rulings. Prior to employment with the City of Miami, successful completion of a medical examination, which includes a drug screen, and a background investigation will be required. Appointment (including promotions or transfers) to certain positions or departments may require a drug screen, medical examination and/or a background investigation. TOXICOLOGY: Prospective employees shall submit to a toxicology screen at their own expense. The cost is $13.50. If the results are negative, the city will reimburse the prospective employee for the cost of the screen. If the results are positive, the prospective employee will assume the cost including that of any test confirmation. PREFERENCE: City employees may be given preference in the selection process. DUTIES: This is advanced technical and supervisory work in the management of worker's compensation claims. Supervises activities involved with initial contact, investigation and adjudication of all worker's compensation claims; develops and establishes worker's compensation claims handling procedures; develops and implements quality control measures; assigns and supervises the work of worker's compensation claims investigative staff; establishes reserves on all pending Worker's compensation claims; coordinates all subrogation activities. Performs related duties as required. OPEN/NON-COMPETITIVE APPLY: EMPLOYMENT OFFICE, DEPARTMENT OF HUMAN RESOURCES, 444 S.W. 2nd Avenue, 1st Floor, MIAMI, FL 33130 JOB LINE 416-2050 0 NOTE: SUBMIT A NEW APPLICATION EACH TIME YOU APPLY FOR A CITY JOB. 03— 876 IF YOU ARE A VETERAN, WHETHER DISABLED OR NON -DISABLED, OF ANY BRANCH OF THE UNITED STATES ARMED FORCES, OR THE SPOUSE OR WIDOW (ER) OF SUCH VETERAN, YOU MAY (OR MAY NOT) BE ELIGIBLE FOR VETERAN'S PREFERENCE UNDER FLORIDA STATUTES CHAPTER 295 AND SECTION 1.01 (15). IF VETERAN'S PREFERENCE IS BEING CLAIMED, IT MUST BE INDICATED ON THE APPLICATION FORM AND A DD -214 MUST BE SUBMITTED WITH APPLICATION. AN ORIGINAL DD -214 MUST BE SHOWN. FOREIGN DEGREES REQUIRE TRANSCRIPT EVALUATIONS BY COLLEGES, UNIVERSITIES, OR APPROVED TRANSCRIPT EVALUATION SERVICES WHICH PROVIDE SUCH SERVICES TO DETERMINE RECIPROCITY TO AMERICAN DEGREES. 1 THE CITY OF MIAMI IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP', J. Provider understands and agrees, that at the request of the City, it may be required to continue to handle claim files that remain open as of the termination date of the Agreement, until their conclusion. In such event, the amount of compensation shall be renegotiated by the parties, in good faith, but shall not exceed prevailing rates charged by the Provider, to its preferred clients, as of the date of such termination. K. The Control Loss Criteria outlined under the Control Loss Program section of the Workers' Compensation and Liability Product Standards in the Proposal shall include Reporting Events, as defined in Section I.3. A. hereof. L. Provider will notify, by e-mail, the City's managed care vendor of any changes in claims status (i.e., settlements, file closings and reopenings, controverted claims, presumption claims, litigated claims or attorney representation of claimant). 8. COMMUNICATION: A. Provider shall maintain open, general lines of communication with the Department on an ongoing basis and shall respond to requests of the Department or the City Attorney, on a timely basis and in a cooperative manner. B. At no additional cost to the City, Provider shall be available to attend meetings required by the Department in order to: (i) educate its own and the Department' s personnel on relevant laws/filings and claim handling procedures that affect any claim, (ii) discuss specific cases of concern, (iii) resolve any problems involving the claims administration program, and (iv) address such other matters as may be reasonably required by the Department relative to the performance of services under this Agreement. C. Provider shall immediately provide the Department with information on any Workers' Compensation legislative changes. D. Provider shall return phone calls from the City or injured employee the same working day. Other requests from the City will be responded to in a timely manner. Failure to comply with the provisions of this Section shall release the City from payment of the per -claimant fee described in Attachment B with respect to such claim, as more specifically described in the Performance Agreement. 9. STAFFING. QUALITY CONTROL AND SUPERVISION: The Provider shall render high-quality claims management and adjusting services throughout the Term. The Designated Personnel shall have, at a minimum, the following levels of experience and licensing: Supervisor or supervising adjuster 4 years 1 R pthe p*pR�1bI$1C 35 A4 City Clerk Adjusters 3 years Medical -only processor(s) 1 year Provider shall assign personnel with the ability to provide full service to English, Spanish, and Haitian -Creole speaking individuals when needed. A list of the Designated Personnel is attached to the Agreement as Attachment "C", and shall be updated, as needed. The City reserves the right to request a change or reassignment of any of the Designated Personnel, in its reasonable discretion. Claims personnel must be employees of the Provider. The use of independent adjusters, subcontractors, or temporary adjusters will not be acceptable without prior approval of the Administrator. Adjuster trainees are not acceptable for handling of the City's claims. The Provider shall ensure that all Designated Personnel are familiar with the City's labor contracts and any changes thereto, and are kept abreast of all applicable laws, including, specifically, the Workers' Compensation Statutes, DWC rules, and applicable laws. 10. BANE ING/LOSS FUND MANAGEMENT: The Proposal describes three (3) Banking Options. The City selects the Automated Payment and Control System (APCS), with the Self Insured Money Management System (SWIMS) option, as more particularly described in the Proposal. The City and the Provider agree to establish the agreed upon imprest balance and the funding frequency within thirty (30) days after the date of the Agreement. At a minimum, Provider will report the following activity to the City on the imprest account: A. Monthly activity report reflecting checks written; B. Statement of actual clearing activity through the imprest account; C. Monthly reconciliation report. 11. "BAD FAITH" LAWSUITS: The City shall be notified of all "bad faith" lawsuits filed against the Provider, which include breach of good faith and fair dealing. Any "bad faith" lawsuits filed against the City shall be handled by the City Attorney. If the allegation is that the Provider committed or acted in "bad faith," the defense of the lawsuit and attorneys' fees and expenses shall be the Provider' s responsibility, but the City Attorney shall have the right to monitor the progress of the lawsuit to its conclusion. Once a "bad faith" lawsuit has been filed, a separate file pertaining only to the issues on "bad faith" shall be established. 12. IRS FILING REQUIREMENTS OF PROVIDER: Provider will furnish required tax information for the Internal Revenue Service including 1099s `� � x c) the public F J \ ANDARD CLAIMS MANAGEMENT SER. .,ES Claim Charges: The claim charge is applicable per claimant per line of coverage. Example: A client during working hours is involved in an automobile accident with another vehicle with two occupants. Both occupants were injured, both cars were damaged and our client was injured. The claims handling charges (example only) will be: Claimant #1 - Auto Liability Bodily Injury $695 Claimant #2 - Auto Liability Bodily Injury 695 Claimant Owner - Auto Liability Property Damage 335 Client — Workers' Compensation 850 Client — Auto Physical Damage 335 $2,910 The total GB fee for this one occurrence is $2,910 to adjust the accident. Specific claim charges by claimant by line of coverage is normal practice in our industry. Allocated Expenses: Shall be your responsibility and shall include, but not be limited to: ' Legal Fees • Professional Photographs* Extraordinary costs for witness statements Medical records ' Experts' rehabilitation costs • Fees for service of process Architects, contractors • Engineer • Police, fire, coroner, weather, or other such • Property damage appraisals Sub rosa investigation • Official documents and transcripts • Pre- and post -judgment interest paid Subrogation at 15% of gross recovery • Managed Care, when applicable • Medical Examinations • Extraordinary Travel made at client's request ' Court reports Accident reconstruction Chemist • Collection cost payable to third parties on subrogation • Any other similar cost, fee or expense negotiation, settlement or defense of a c,aim or loss which must have the explicit prior approval of the client • Outside Investigation *Photos taken by adjustors are not to be charged as allocated expenses o the public I �s` �s.n This material is the proprietary, confidential property of Gallagher Bassett Services, Inc. It has been provided to you for the sole purpose of considering a quote for claims administration services. It is not to be dUpllcated or shared in any form with anyone other than the individuals of such prospective client that have a business need to know the information. It must be destroyed or returned to Gallagher Bassett Services, Inc. after its intended use. New Claims Workers Compensation Liability Total Additonal Fees Total New Claims Pro osal Run In Claims Workers Compensation Liability Total Additonal Fees Total Run In Claims Pro osal Total Proposal Mie ,i General Employees, AFSCME Local ..,07 Department 62 - Risk Management Gallagher Basset Proposals Dedicated Unit vs. Life of Partnership Claims and Cost Dedicated Unit Staff Est. Claims Cost 12 7 900 710 1,370,000 920,800 19 1,610 2,290,800 21,000 12,311,800] Staff Est. Claims Cost ? ? 1212 805 403,260 317,975 ? 2,017 721,235 27,000 748,235 3,060,035 Life of Partnership Staff Est. Claims Cost ? ? 900 710 245,880 435,050 ? 1,610 680,930 40,000 720,930 Staff Est. Claims Cost ? ? 1212 805 403,260 317,975 ? 2,017 721,235 Additional Charges for Life of Partnership proposal not included above: 1. Data Management (RISX-FACX) - amount is not specified 2. riixfacs,com users - $2,195 per user for more than 10 full users and $1,095 per user for more than 5 inquiry users 3. Electornic Incident - $45 (per incident ?) 4. Administration and Banking fees. Note: The FY 04 Budget workpapers for Department 62 - Risk Management shows the estimated cc Life of Partnership contract as $1,545,000 or $78,835 more than the amount shown above. n?Wed into the public •.:ton with r �A : rk Prepared by Lawrence E. Jessup, Jr., Economic Consultant 27,000 748,235 1,469,1-675 Miami General Employees, AFSCME Local 1907 Department 62 - Risk Management Cost Comparison Estimates Gallagher Basset Claim Handling Charges Example Claimant #1 Claimant #2 Claimant Owner Client Client . Coverage Amount Auto Liability Bodily Injury $695 Auto Liability Bodily Injury $695 Auto Liability Property Damage $335 Workers' Compensation $850 Auto Physical Damage $335 Total $2,910 Average Cost per Hour $291 City's Maximum Hourly Rate for Claim Handling Claims Adjustor 21 Hourly Rate 1 $35.41 Total Cost at Maximum Hourly Rate $354.10 Hours require to expend $2,910 82.18 City's Minimum Hourly Rate for Claim Handling Claims Adjustor 11 Hourly Rate 1 $21.89 Total Cost at Minimum Hourly Rate $218.90 Hours require to expend $2,910 132.94 Estimated Handling Hours 2 2 2 3 1 10 After consultation with personnel in the Risk Management Department, the maximum number of hours required to handle each category of the claim was estimated to be 10 hours. Based on the total Gallagher Bassett charge of $2,910, the cost per hour is $291. This is compared to the Maximum and Minimum hourly rate of existing City Claims Adjustors. Based on the Maximum hourly rate the total cost would be $354.10, and this adjustor would have to spend 82.18 hours in order to expend $2,910. Based on the Maximum hourly rate the total cost would be $218.90, and this adjustor would have to spend 132.94 hours in order to expend $2,910. Obviously, it is more cost effective for the City's Claims Adjustor's to handle the claim. (1) Includes base pay plus City's contribution for Family Health Insurance, S.S., Workers' Comp & Life Insurance) Y is PUN& Prepared by Lawrence E. Jessup, Jr., Economic Consultantnr ,,>.... Miami General Employees, AFSCME Local Department 62 - Risk Management Cost Comparison Estimates - Exhibit 1 Property and Casualty Cost Center Current & Reorganized Personnel based on FY 04 Bu( Claims Adjustor III Current Personnel 0 P/E 7/17/03 6 Number of Salary, Allowances Title Personnel & S.S. Risk Mgmt Admin 1 135,398 Admin Asst II 2 149,362 Claims Sup 1 82,097 Claims Su v Asst 0 0 Management Positions 41 366,857 Claims Adjustor III 0 0 Claims Adjustor II 6 367,312 Claims Adjustor 1 2 103,524 Temporary Adjustor 2 95,680 Collect/Sub Spec. 1 51,466 Claims Accnt Spec. 1 51,260 Claims Rep 1 37,366 Claims Handling Positions 131 706,608 Safety Coord 1 73,868 Account Clerk 0 0 Typist Clerk III 1 48,928 Clerk II 1 21,962 Clerk I 11 28,048 Support Positions 41 172,806 Total 1 211 1,246,271 Prepared by Lawrence E. Jessup, Jr., Economic Consultant 1907 Salary Data Reorganized Personnel Eliminate 9 Positions Number of Salary, Allowances Personnel & S.S. 1 135,398 2 149,362 1 82,097 01 0 4 366,857 0 0 3 198,986 1 65,291 0 0 0 0 1 51,260 01 0 51_ 315,537 1 73,868 0 0 1 48,928 0 0 1 28,048 31 150,844 121 833,238 Miami _. aneral Employees, AFSCME LOL-, 1907 Department 62 - Risk Management Cost Comparison Estimates - Exhibit 2 Property and Casualty Cost Center Summary of Additional City Cost GB Life of Partnership & Run In Claims Cost City Cost (Exhibit 1) Eliminate current Claims M nt Sys Combined GB & City Cost Current City Cost Increased City Cost Maintain All Personnel 1,469,165 1,246,271 -130,000 2,585,436 Eliminate 9 Positions 1,469,165 833,238 -130,000 2,172,403 1,246,271 1,246,271 1,339,1 926,132 Note: The FY 04 Budget workpapers for Department 62 - Risk Management shows the estimated cost of the Life of Partnership contract as $1,545,000 or $78,835 more than the amount shown above. public Prepared by Lawrence E. Jessup, Jr., Economic Consultant