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HomeMy WebLinkAboutRequest for Quotation - RFQ 12-13-302Cityof. West. Palm. Beach Request for Quotation - RFQ No. 12-13-302 Insurance Broker Services Property & Casualty Program Response Prepared By: Risk Management Associates, Inc., dba Public Risk Insurance Agency A wholly owned subsidiary of Brown & Brown, Inc. Brian Cottrell, CIC, CRM — Vice President / Account Executive Michelle Martin, CIC — Vice President / Account Executive 220 S. Ridgewood Avenue, Suite 210 Daytona Beach, FL 32114 (386) 239-4047 Submitted: December 6, 2012, 3:00 P.M. o& Y 11.. ro n PRIA � � Il.� 11 (N (i f.'f :! t►�f.Yll t1:1► [i171:[tl �l►(�i', PRIA COPY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 PUBLIC RISK INSURANCE AGENCY TABLE OF CONTENTS Cover Letter and Executive Summary 1 Scope of Services.& Minimum. Requirements Required Forms Additional Qualifications and Services 2 3 4 Exceptions to Proposal Provisions 5 Attachments Specimen Implementation Timeline Mid-2012 Market Update Report Legal Services Team Asset Management Platform Property Modeling Report and Analysis Workers' Compensation Experience Modification Analysis Brown & Brown Annual Report - 2011 6 Cover Letter And Executive Summary rown' P'IA PUBLIC RISK INSURANCE AGENCY Cover Letter and Executive Summary December 5, 2012 City of West Palm Beach Procurement Division 401 Clematis Street, 5th Floor West Palm Beach, FL 33401 RE: RFQ 12-13-302, Insurance Brokerage Services (Property & Casualty Program) Dear Procurement: On behalf of Risk Management Associates, Inc. dba Public Risk Insurance Agency, we are pleased to participate in the City's Request for Quotation for qualified professional property & casualty insurance brokerage services. Risk Management Associates, Inc. dba Public Risk Insurance Agency (PRIA) is a wholly owned subsidiary of Brown & Brown, Inc. Brown & Brown is a Florida Corporation and the 6`h largest insurance intermediary in the United States. PRIA's structure is unique in that our office serves ONLY public entities in Florida, currently representing over 300 public entities in the state, including many in South Florida. PRIA creates service plans specific to each of our clients depending on their objectives. For this project, we offer a myriad of "back -room support" services and resources to accomplish the ultimate goal - to reduce the City's overall Cost of Risk. Our proposal provides the City with a new gainepian for addressing risk exposures within the City: • Identification & Management of Risk — PRIA will provide the City with a different approach and a fresh set of eyes to identify risk exposures within the City. We will implement effective processes to manage the risk, such as our client portal and asset management tool. • Risk Analysis and Benchmarking Risk exposures will be analyzed and bright ideas will be presented for alternative insurance and self-insurance programs. • Aggressive Negotiations — Brown & Brown places more premiums in Florida than any other broker. In addition, we have significant public entity marketing/insurance placement specialists across the country. We have the clout and excellent relationships with regional, national, and international marketplace. This allows us to negotiate the most effective services, lowest insurance premiums, and broadest terms and conditions for our clients. Serving the Insurance Needs of Florida's Governmental .Entities Since 1992 PO Box 2416 Daytona Beach, Florida 32115-2416 Phone: (386) 252-6176 Fax: (386) 239-4049 Page2 of 2 Gameplan (Cont'd): • Implementation of Value Added services designed to reduce self -insured exposures and costs: o Contract Review o Vendor/Bid Insurance Requirements o Policy and Procedures manual review and/or implementation o Claims analysis to identify and control areas of loss where possible o Locally provided, qualified Legal Services - including HELPline o Safety/Training resources, including e-leaming, on -site training, and much more • Presentation of and accountability for Results We are a results -driven company and therefore are focused on achieving results for our clients. Mr. Cottrell's office is located just outside the city limits, and we have an office located within City limits, thereby making us geographically responsive to your needs. We request the opportunity to further discuss and provide specific examples of our approach to the City's risk exposure. We are confident that we can produce superior results for your organization. Thank you for your consideration, With best regards, Brian Cottrell, CIC CRM Vice President & Account Executive 561-346-2723 Direct Office -Mobile bcottrellna,bbpria. com Michelle Y.1rtin, CIC Vice President & Account Executive 386-239-4047 Direct Office minartin@bbpria.com Scope of Services And Minimum Requirements City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES 1) Provide recommendations to enhance the risk and insurance management program. Two of PRIA's core competencies are the ability to consistently lower our clients' cost of risk and improving the terms of their policies. We have consistently outperformed our competition in this area. Examples of our ability to negotiate and secure better terms and conditions than our competitors can be found in Section 4 of this response. We have NEVER failed to improve the insurance terms and conditions of a new client! Our effort to find the most competitive terms and conditions for our clients is a never-ending process. We nurture and maintain excellent relationships with key and emerging markets which have traditionally benefited our clients with lower premiums, better coverage and better service. Our successful strategy is to never assume that our clients' previous agent has been as thorough and diligent as we are. We take a fresh unbiased approach to the design of an insurance program and continue to seek improvements in subsequent years. We utilize the experience and knowledge that comes with servicing over 300 public entity clients to the benefit of each client. We have direct access to every insurer that allows direct access and enjoy excellent relationships with wholesale/intermediaries that specializes in public entity business. PRIA's excellent relationship with insurers allows us to negotiate more favorable terms and conditions than our competitors. With over 200 years' of combined professional insurance experience within PRIA, we are also aware of the fine details of coverages and public entity risk management issues. We have an in depth knowledge of the extent of each carriers' flexibility and use this knowledge to our advantage. Evidence of our ability to negotiate is not solely in a statement lauding our ability but in our recent past performance with other public entities. PRIA has successfully and smoothly transitioned more than 30 public entity accounts in the last 5 years. We are very familiar with the process and are proficient in coordinating seamless transitions. One of the most critical aspects of a smooth transition is for the new broker to gain an intimate knowledge of the risk exposures and how they align with the current insurance program. We have significant business with all of the City's current insurers and are very familiar with their terms and conditions. It will be our process to thoroughly examine loss reports, current -insurance policies, financial reports, insurance schedules, flood maps and other similar documents. We will obtain knowledge of the current program prior to our first meeting and be ready to hit the ground running. 113E01,u ry u PRI1 rt 13UC RISE IhgL3L.N(%ACLVCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES Please find below a brief summary of our initial transition plan for the City. Please note that while the some steps may appear arduous, PRIA will bear a significant amount of the actual work. 1) Initial Strategic Planning Meeting • Meet with risk management staff to learn of any critical outstanding issues, desired program changes or potential problems. • Discuss any current projects or complex claims issues • Establish timelines for policy renewal. Identify key meeting dates, budget meetings and potential scheduling conflicts • Align project timelines to fit with policy renewal timelines. As an example, any property appraisal services should be completed 60 to 90 days prior to the property marketing process. • Identification of immediate or short term goals and long term goals. • Submit a stewardship report outlining specific goals and tasks along with expected completion dates and responsibilities 2) Risk Management Program Evaluation • Meet with risk management staff to discuss and evaluate the current program, premiums, loss experience, retentions, safety initiatives, risk tolerance, etc. • Submit a written report containing current policy deficiencies, uninsured exposures; disclose any insurance rates that are or are not competitive. Provide comparison and benchmarking to other similar public entity programs. • Evaluate loss data to identify trends and alignment with current self -insured retentions and stop loss aggregates. • Evaluate the current loss control and safety programs. Identify goals and any hindrances or challenges to achieving those goals. PRIA will make available loss prevention and safety training resources necessary to meet the City's goals. • Develop premium goals for each insurance policy within the City's Budget. • Analyze exposure to loss, adequacy of coverage, and develop options for coverage not presently purchased. City of West Palm Beach Insurance Broker Services — RFQ No. 12-13-302 SCOPE OF SERVICES 2) Provide names of qualified insurance companies that may be approached for insurance premium quotations. Our organization is part of a national group of offices focusing on public entity insurance in Florida and thirty nine other states. We have access to and enjoy excellent relationships with all major public entity insurance companies. Our tenure in the public entity insurance business and large volume of business afford us the ability to represent our clients to a broader market base giving them more competitive options. We have consistently negotiated better terms and conditions than our competitors. Our ability to match the most competitive carrier for each client has been a critical part of our growth and client satisfaction. We .partner with all of the insurers participating in the City's current insurance program now. PRIA has special relationships with the following carriers. Not all Brokers have access to these insurers. Preferred Governmental Insurance Trust (Preferred) — PRIA is the largest agent for Preferred and so we have the most experience with which to negotiate. Star Insurance Company/Meadowbrook — Excess Liability/Workers Compensation (note there are impending developments concerning this program.) PRIA places over $15,000,000,000 of Total Insured Property Values for Florida's public entities. Nationally, Brown & Brown places in excess of $100,000,000.000 in assets for public entity risks alone. Brown & Brown also operates a London Brokerage, Decus Brokers: Typical property markets to be accessed include (but are not limited to): ACE / Westchester Admiral Allianz / AGCS Alterra AmRisc / ACIC Arch Aspen Specialty Allied World Assurance Company AXIS Specialty Beazley / First State CNA Chubb Custom ($25M +) Colony Insurance CV Starr DSG / United National Essex Everest Re Group General Star Glencairn/Lloyds Global Excess Partners Great American Hiscox IRI (Industrial Risk)' Ironshore James River Specialty Kinsale Lexington / AIG Liberty E&S Lloyds of London Markel Rockhill RSUI / Landmark Scottsdale Insurance Sompo Zurich / Steadfast International Markets mau': ruwiS PRIA WBUC RISK INSURANCE AGF..NCY. • City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES Casualty markets to be accessed include (but are not limited to): ACE Arch Aspen BRIT / Lloyds AIG (Chartis) Allied World Assurance Chubb CNA Darwin Employers Re Euclid - Scottsdale Hiscox / State National Liberty Mutual Midwest Employers Midlands Munich Re NY Marine & General Ins Safety National Travelers / Discover RE XL Zurich 3) Provide an opinion regarding the long-term financial security of these qualified companies. All proposals will include A.M. Best ratings for any insurer quoting coverage for the City. PRIA's insurance operations guidelines state that coverage must be placed with an insurer that has an A.M. Best rating of A- or better and also be an admitted or approved insurer within the State of Florida. If an insurer is not rated, or is less than an A-, PRIA must solicit and receive a carrier exception from our corporate governance office and the written approval of the Insured in order to proceed with binding coverage. In addition, our Account Executives and insurance operations department monitors the A.M. Best ratings and advises our office of any downgrades. If an insurer falls below A-, notification is immediately delivered and PRIA will promptly search for a replacement insurer. Options will be presented immediately. 4) Provide trended values for property insurance policies. PRIA will work closely with the Risk Management department and the City's property appraisal company to provide current trended property values. 5) Prepare insurance specifications for review and approval by the City's Risk Manager at least 90 days prior to renewal. PRIA will initiate the renewal process approximately 120-150 days prior to renewal, including preparation of all underwriting submissions and loss data. City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES 6) On the basis of instructions from the City, solicit bids based on insurance specifications and submit bids to the City at least 30 days prior to expiration. Such bids will include a comparative analysis of price, coverage and security with other competitive bids and each market or company that was solicited. From the specifications approved by the City Manager, PRIA will submit for bids from all viable insurers as discussed and approved with the City. A renewal proposal will be submitted in a timeframe acceptable to the City (at least 30 days prior to expiration). The proposal will explain all the terms and conditions including but not limited to: • Renewal Overview/Executive Summary • Market Summary (description of insurers accessed and their responses) • Side by Side Coverage Comparison, • Expiring vs. Renewal Terms/Conditions & Premium Comparison, • Loss Analysis when applicable (for example, if no Property losses, an analysis is not necessary) • Summary of terms, conditions and exclusion; specimen forms; and compensation disclosures. • A Stewardship Report may be included at this time Specimens of PRIA's standard presentation documents are available upon your request. Proposals are customized for our clients' needs. 7) Prepare a working summary for the City of each policy including key terms, conditions and endorsements and maintain summary up to date (outline will be approved by the City's Risk Manager). We will provide a working summary for each renewal period outlining the key coverages, limits, deductibles, premiums, exposure bases, and carrier information. Format will be drafted for approval by the City. 8) Assist the City's Risk Manager in the negotiation for other insurance coverages, as directed by the City's Risk Manager. We agree to participate in all negotiations as directed by the City's Risk Manager. City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES 9) Submit to the City an annual report including the following: a) A schedule of all insurance in force, showing expiration dates, net and gross annual premiums, limits and deductibles/retentions. This is provided for all PRIA clients. b) Detailed losses for each policy, both paid and reserved, summarized for the previous fiscal year and fora five-year period, segregated by cause. Data will be requested from the City's current TPA and analyzed by PRIA for inclusion in our annual report. c) A schedule of trend and development factors for past losses. This data will be collected from the City's annual actuarial report. We also utilize insurance company factors and factors calculated internally for benchmarking purposes as needed. d) Comments on the status of major losses incurred during the year. We will coordinate this with the City's TPA and will serve as the City's Claims Advocate. e) Comments on major pending risk control recommendations. We will work closely with Risk Management to ensure completion of all recommendations. If recommendations are not feasible for the City, PRIA will work to negotiate a mutually acceptable action or response. 1) An assessment of current conditions of insurance market and outlook for market over next 12 months. We will provide periodic general financial/insurance Market Updates to the City Risk Manager. See the "Market Update" report released to our clients in mid-2012 attached in Section 6. 10) Provide stewardship report as requested. We will provide an annual stewardship report. 11) Fee or other compensation for the coming year. Our fee is provided as requested in the Required Form D in Section 3. City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES 12) Provide a philosophy on retention for various policies, based on market conditions. We will annually review current levels of retentions to see how they compare with premium savings for that level and current claims activity to determine the risk/reward level of self- insurance. Due to Brown & Brown's significant public entity business, we have reliable data on which to benchmark. Market conditions will influence our recommendations. For example, pursuing a Workers' Compensation retention lower than the current $500,000 SIR in 2013 will likely be a futile effort unless the City wants to significantly increase the insurance premium expense. 13) Schedule quarterly meetings with the City's Risk Manager to discuss loss control issues, exposure changes and general administrative matters. We will meet at least quarterly if not more often depending on the needs of the City's Risk Manager. 14) Analyze the City's exposure to loss, adequacy of coverage and develop options on coverage not presently purchased by the City. Identifying, understanding and evaluating exposure to loss is one of the very basic elements of our service commitment. Assessment methods vary from detailed property appraisals to comprehensive continued -operation studies. We use risk identification and exposure analysis as the foundation of our risk management program design and recommendations. For example: Property — property appraisals, roof and wind load evaluation, exposure to flood (not just FEMA zones), demand surge impact and plan, uninsured property, fire protection analysis, etc. We will provide an extensive Probable Maximum Loss (PML) analysis model. See Specimen Analysis in Section 6. Analysis of the City's prior FEMA commitments in developing a program is also very important to determine risk exposure. As the City is inlnear 100 year flood plain, an analysis of your flood exposure is very important. FEMA will not provide public assistance for flood losses for structures that are located in a 100 year flood plain (zones A and V) unless coverage is purchased through the National Flood Insurance Program (NFIP). PRIA will assist in providing information to the Office of Insurance Regulation as part of the application process in obtaining a "reasonableness" letter on behalf of the City. This letter is important if FEMA has imposed any "insurance commitments" on the City and also is intended to expedite future FEMA reimbursements to the District. City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES Workers' Compensation — Methods include review of loss run reports, financial reports, actuarial reports, incident reports and interviews with key personnel and management. We also review the access to medical care, return to work programs, disciplinary procedures and safety programs that are currently in place. Workers Compensation is an area where managing claims and utilization and educating your employees are key factor in controlling your overall Cost of Risk. Cost Control - Although we have not .performedan in-depth analysis of the City's claims or risk transfer techniques, we can assume that one of the City's greatest costs is self -insured Workers Compensation claims. With today's continued rising medical costs and pharmaceuticals, managing the Workers' Compensation process is a key method of cost control. We will review and provide resources to influence the following areas: • Review risk -transfer fixed cost and provide alternatives • Be involved with claims management oversight and advocacy • Through analysis, identify areas of loss frequency and severity • Address these areas through loss control programs and training • Address medical management techniques in reviewing clinical data such as prescription drug utilization, care center utilization, specialized alternative medicine processes, etc. Workers' Compensation Experience Modification Reviews — A unique service provided by PRIA is a review of the experience modification factor calculated by the State to verify accuracy, and also to provide trending estimates. This is an important factor in the calculation of the State Assessment expense, and also to measure overall performance and areas potentially needing loss control consideration. See overview of our program in Section 6. Liability Loss Exposures — Thoroughly identifying these exposures can be complex due to the broad litigious nature of citizens and businesses. Our advice, counsel and recommendations are based on actual claims experience occurring here in Florida and many years of assisting other clients with similar issues. In addition, an Insurance Coverage Review will be performed annually by Mr. Cottrell and Ms. Martin as part of our standard quality control services. On a regular basis, Mr. Cottrell and Ms. Martin work with actuaries and claims adjusters on behalf of clients in communicating risk exposures and coverages in force which may affect their output. 15) When requested, coordinate notice of claims and/or losses to underwriters or actuaries. We will assist when requested, and PRIA maintains a staff position for this purpose. We would need to coordinate this carefully with the TPA. [roti oS rows1 PRIA PUBLIC RISK P I?RA.NaAGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES 16) Prepare requested insurance certificates and endorsements as requested by the City's Risk Manager. Certificates of Insurance are issued the same day if the request is received prior to 4pm. If after 4 pm, the certificate may be issued the next business day. Endorsement requests are processed and sent to the carrier within 24 hours of receipt. When the endorsements are received from the insurer they will be delivered to the City within 24 hours of receipt from the insurer. 17) Obtain answers from underwriters to policy coverage questions as requested. We will work closely with the underwriters to ensure prompt, accurate responses to any coverage questions. 18) Prepare and submit special reports, loss analyses, etc. as requested. We will work with staff to prepare the requested reports. 19)Assist the City in developing insurance requirements for various contracts (design, construction and service). Review certain leases, agreements for insurance requirements, assumption of liability and other risk management issues as requested. We will assist in reviewing and develop standards for contracts requiring insurance language to ensure the City is not assuming unwanted liabilities. 20) Submit annual evidence of agents' and brokers' required insurance, including professional liability insurance with agreed upon limits. We will provide an annual certificate of insurance regarding our liability and professional liability coverage. 21) Assist in the preparation and/or handling of all first and third party claims, as requested. We will assist, where able, in the preparation and/or handling of third party claims as allowed by the City's TPA provider. mw u' t PRIA maw RISK 11,0IRANt AGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES 22) Follow-up for timely issuance of all policies and endorsements and submit originals to the City's Risk Manager. Brown & Brown has a thorough and extensive quality control process that assures the quality and accuracy of Brown & Brown transactions and processes. It is imperative to maintain strict controls and protocols in the various facets of our business to ensure that our clients' requests, communications and financial transactions are conducted with the utmost timeliness, accuracy, and consistency. Brown & Brown has a separate internal audit division. This division is accountable only to the CEO of Brown & Brown. All operations, including PRIA, are audited annually for financial transactions and for adherence to processes and procedures. Our most recent audit resulted in PRIA receiving one of the highest rankings available. • Binders must be delivered PRIOR to policy inception • Binders must be replaced PRIOR to the binder expiration date if the policy has not been received. • Endorsement requests are processed and sent to the carrier within 24 hours of receipt. When the endorsements are received from the insurer they will be delivered to the City within 24 hours of receipt from the insurer. • Policies must be delivered to insureds within 30 days of receipt by PRIA • Our staff follows up with the carrier every 30 days until the policy and/or endorsements are issued. • All binders, endorsements, invoices, and policies are checked for accuracy against a detailed checklist and against the proposal that was presented to the insured • PRIA documents all of the above transactions in a proprietary agency management system with compliance audits performed by an internal auditor once per year • All documentation is provided in both hard copy and electronic formats 23) The Broker will gather City information, prior to renewals, to prefill applications for the City. All of our applications will be pre -filled with the information available to us at time of completion and we will work with staff to obtain needed information for timely completion of applications. 24) The Broker will use its commercial best efforts to secure such insurance coverage(s) on the CITY's behalf In the event an insurance company cancels or refuses to place such insurance coverage(s), the Broker will use its commercial best efforts to obtain the coverage from another insurance company. We agree to use our best efforts to secure coverage if the above referenced situation arises. City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 SCOPE OF SERVICES 25) The Broker shall not provide any services which may constitute the unauthorized practice of law. PRIA will not provide any services which may constitute an unauthorized practice of law. Since many risk issues are now merging with legal matters, we introduce qualified Legal Services in our proposal (see Section 4 and 6 for qualifications). 26) No coverage shall be placed by the Broker with the City that allows the broker to receive a commission or fee. Prior .written notification by the Broker to the City shall be required before any coverage is placed in any market that would allow a commission or fee to the Broker. The City will make the final decision on the purchase of the coverage and the disposition of the commission or fee. The only exception to this requirement that we are aware of is commissions from the National Flood Insurance Program (NFIP). Commissions from the NFIP would be disclosed. We will disclose any carrier unable to "net" commissions from quotations or policies. 27) The City will allow twodifferent options for Broker Services For The Property And Casualty Insurance Program: a) Option 1 — An annual fixed amount for Broker Services for the Property and Casualty Insurance Program. b) Option 2 — A program designed by the Broker to enhance the City's Broker Services for the Property and Casualty Insurance Program and provides significant saving over the contract period. c) Broker(s) may bid for Option 1, Option 2 or Option 1 and 2. PRIA is proposing Option 1 at an annual fixed amount for Broker Services for the City's Property and Casualty Program on Form D in Section 3. We will consider varying structures such as capped commissions, performance guarantees, etc. if the City desires. We are willing to negotiate our fee and the services proposed. Ith i "� ruw� PRIA PUBLICAMC Th UAA.VCF.AGENCY City of West Palm Beach Insurance Broker Services — RFQ No. 12-13-302 MINIMUM REQUIREMENTS The broker of record must meet the following requirements in order to be considered: a. Licensed as an insurance broker or agent in the State of Florida. PRIA and its agents are licensed in the State of Florida. Any documentation will be provided immediately on request. b. Minimum of seven (7) years of experience as insurance being your primary business. PRIA Professionals exceed this requirement. Michelle Martin and Brian Cottrell have over 37 years of combined public entity experience and over 49 years combined insurance experience in Florida. c. Experience with at least four (4) Florida municipalities with an annual property/casualty premium in excess of $1,000,000.00 (one million dollars). Of the 300 public entity clients that PRIA serves, 25 of these pay premiums from $1,000,000 to over $7,000,000 with an additional 18 clients that pay premiums from $500,000 to just under the $1,000,000 level. d. Firm must have had at least four (4) municipal clients in the past five (5) years with a municipal population of at least 75,000 residents. We have more than 4 current clients with populations over 75,000. These include: City of Ft. Lauderdale, Town of Davie, City of Cape Coral, and City of Deltona. e. Must have premium volume of at least $10,000,000.00 (ten million dollars). Current Property and Casualty premium volume over $80,000,000.00. f. Must have access to insurance markets to provide all of the required City property and casualty insurance (see City Profile). We have access to the current insurance markets used by the City. g• Must have been in business for at least seven (7) years. PRIA has been in business since 1992. h. Firm must be covered for General Liability, Automobile, Workers' Compensation and Professional Liability/Errors and Omissions insurance(s). Brown & Brown/PRIA does carry the required General Liability, Automobile, Workers Compensation and Professional Liability insurance coverage. Brown & Brown/PRIA meet or exceed all of the minimum requirements set forth in this RFQ. The following section highlights our history and qualifications to effectively represent the City of West Palm Beach as your broker. ron uj �towu PRIG. MINK: RISK, Th R.i.NCF. AGENCY Required Forms The Cit o f West Paim Beach "The Capital City of the Palm Beaches" PROCUREMENT DIVISION 401 Clematis Street, 5th Floor West Palm Beach, FL 33401- Telephone: (561) 822-2100 Telefax: (561) 822-1564 Addendum No. 1 RFQ 12-13-302 November 28, 2012 INSURANCE BROKERAGE SERVICES (Property and Casualty Program) Each recipient of this Addendum acknowledges all of the provisions set forth in the Request for Quote and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and become part of the above referenced Request for Quote. This. addendum shall provide answers to questions received. Question 1: Has .the City had a recent property appraisal? For which locations? With what firm/individual contact? Answer 1: Question 2: Answer 2: The City will begin 1/5 of the City properties in an RFP that is to be issued in early 2013. Each year, an additional 1/5 of the City propertieswill be appraised until the sixth year, when the process will begin again. Is trended valuation required for items on all 4 property policies? .If so, please provide statement of values. (We at least need to know how many Tine items we are dealing with). Trending valuations are required by the broker for market analysis in order to assist the City in estimating the required budget for continuing years. The trending valuations are based on the current estimation of property values, appraisals as they are delivered to the City, broker's experience in municipal properties, broker's experience with the national and international property markets, trends in national and international disasters and losses, and probable maximum losses for the City's property. Question 3: Does the City have a Third Party Claims Adjusting firm? If so, what Is the firm and for which lines of insurance are they contracted? Answer 3: The City has a current contract with CorVel for TPA services. CorVelhandles workers' compensation, general liability, automobile liability, first party automobile claims and property claims under the current deductible. Addendum No. 1 Page 1 of 2 Question 4: Answer 4: Question 5 Answer 5: Question 6: Answer 6: Question 7: Answer 7: Question 8: Question 8: Question 9: Who currently runs claims reports? CorVel Does the City maintain an Actuary to estimate. its Toss fund annually? Yes. The City has a current contract with Glicksman Consulting, LLC for the property/casualty program and Nyhart for benefits. Does the City have claims adjusters on staff? If not, explain the extent of duties of City employees to report and/or handle claims. The City employs two Risk Analysts (both licensed Florida adjusters); one for workers' compensationprogram and one forgeneral liability program. Their job is to coordinate and manage the TPA, conduct investigations and assist with claims management. Confirm this RFQ is not for third party claims. adjuster (see Scope #21) This RFQ is not for TPA adjusters What firm, office location and what individual is,the current broker? AJ Gallaher; Miami, FL; Mr. Tony Abella What is the current brokerage remuneration: Commission, fee, or a combination? Answer 9: Fee based. Proposers must acknowledge receipt of this Addendum No. 1 in the space provided below. This Addendum forms an integral part of the RFQ documents and therefore must be executed. Failure to return this addendum withyour. proposal submittal ,may be cause for disqualification. Issued By: City of West Palm Beach Procurement Division November 28, 2012 Signed By: Althea Pemsel Althea Pemsel, MA, C.P.M. Purchasing and Contracts Manager Risk Management Associates, Inc:: dba Public Risk.insurance Agency PROPOSER: Signed By: Print Name: Al n Florez Title: Executive Vice President Date: 12f5/2012 End of Addendum No. 1 Addendum No, 1 Page 2 of 2 REPRESENTATIONS AND DISCLOSURI S Form A STATE OF Florida COUNTY OF Valusia } } SS: } l am an officer of the Proposer firm, named below, submitting its qualifications under an RFQ and am authorized to make the following Representations and Disclosures on behalf of the Proposer. I certify or affirm that to the best of my knowledge and belief, the following statements are true: 1. Proposer agrees that its proposal may become part of any contract entered into between the City and the Proposer. 2. There are no actual, apparent or potential conflicts of interest with Proposer or any sub -consultants or subfirms that are present or could develop with respect to the scope of services for the project/study and any parties to this solicitation or any third parties. 3. The following Officer, director or agent of Proposer is also an employee of the City of West Palm Beach: Norse (if none, write "None"). 4. The following employees of the City of West Palm Beach own, directly or indirectly, an interest of 10% or more in Proposer firm or any of its affiliates or subsidiaries: None (if none, write "None"). 5. Submittal of Proposer's Proposal is made without connection with any persons, company or party making another submittal, and that it is in all respects fair and in good faith without collusion or fraud. 6. Proposer has not filed for bankruptcy in the past five (5) years. 7. Neither Proposer nor any of Proposers principals have been convicted of or indicted for a felony or fraud. 8. Proposer and any parent corporations, affiliates, subsidiaries, members, shareholders, partners, officers, directors or executives thereof are not presently debarred, proposed for debarment or declared ineligible to quotation or participate in any federal, state or local government agency projects and are not listed on the Florida convicted vendor list. 9. Proposer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Proposer, to solicit or secure an award under this RFQ and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Proposer, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from an award. 10. I hereby depose and say that no portion of the sum to be paid in connection with the services under this RFQ will be paid to any employee of the City of West Palm Beach as a commission, kickback,; reward or gift, directly or indirectly by me or any member. of Proposer firm or by an officer of the corporation. 11. Proposer certifies the compensation and hourly rates and other expenses or costs to be compensated as proposed are accurate, complete and current and the time of contracting and no higher than those charged to the Proposer's other customers for the same or substantially similar service in the Southeast Region of the United States during the preceding twelve (12) month period. RFQ 12-13-302 Insurance Broker Services Page 12 of 24 12. Proposer certifies to the best of its knowledge and belief that no funds or other resources received in connection with an award of a contract from this RFQ willbe used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 1 certify or affirm that to the best of my knowledge and belief, the above statements are true. Proposer Firm: Risk Management Associates, Inc. dba Public Risk Insurance Agency Officer's Name: Alan Florez Title: Executive Vice President Signature: AFFIRMED AND SIGNED before me this 5th day of December by Alan Florez Risk Management Associates; Inc. dba Public Risk Insurance Agency , 2012 (name) as . Executive Vice President (title) of (Proposer firm), and who ersonally known produced as identification. 00t►nn/nor � Notary Public 'iani ��FAiRG(01:7 • p � Sp¢t 1 • ; Notary Stamp: Print Name: Robin Lee Farcioth ? • * ; t0 g T2�p My commission expires: 9/30/2014 2°tea •�o�`�• .gyp .....• Pfic: In the event Proposer cannot execute this form as drafted, Proposer may substitute a similar Representations and Disclosure certing to the facts applicable to the Proposer. RFQ 12-13-302 Insurance Broker Services Page 13 of 24 AFFIDAVIT OF NON -COLLUSION AND PUBLIC ENTITY CRIME State of Florida County of Nolusia Alan Florez } } (Name) Form B being first duly sworn, disposes and says that: Risk Management Associates, Inc. dba I. I am the Executive Vice President of Public Risk Insurance Agency (Title) (Name of Company) Consultant firm that has submitted a proposal in response to the above -referenced RFQ; the 2. Such proposal is genuine and is not collusive or sham; 3. Neither the Consultant nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other respondent, firm or person to submit a collusive or sham proposal in connection with the contract for which the referenced RFQ has been submitted or to refrain from proposing in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other proposer, consultant, firm or person to fix the price or prices in the our proposal or of any other proposal, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of West Palm Beach or any person interested in the proposed Contract; and 4. The following Officer, director or agent of Respondent is also an employee of the City of West Palm Beach: None (if none, write "None"). 5. The following employees of the City of West Palm Beach own, directly or indirectly, an interest of 10% or more in Respondent firm or any of its affiliates or subsidiaries: None (if none, write "None"). 6. Neither the Consultant nor any officer, director, partner, shareholder, employee, member or agent, who is active in the management of Consultant firm, or any affiliate or subsidiary of the firm has been convicted of a public entity crime or action regarding antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation with respect to any quotation or contract for goods or services to be provided to any public entity, or has been listed on the state Convicted Vendor List, within thirty-six months prior to the date of Consultant's proposal. (Signed)__. (Print Name) *Alan Fiorez (Title) Executive Vice President RFQ 12-13-302 Insurance Broker Services Page 14 of 24 The foregoing Affidavit of Non -Collusion and Public Entity Crime was acknowledged before me this 12/512312 (Date) by; Alan Floret X who is personally known to me or who has produced as identification and w did did not) t9lie an oath. Robin Lee r aircloth +t 1_41. ' Notary Public (print & sign name) Commission No. DD 997250 RFQ 12-13-302 Insurance Broker Services Page 15 of 24 LIST of REFERENCES (1) Name of Company: Lee County BOCC Address: P.O. Box 398, Fort Myers, FL 33902 Contact: Mike Figueroa Email: mfigueroa@leegov.com Phone: (239) 533-2310 Fax (888)242-3233 RFP-11-04 Property, Liability and Workers Project Name: Compensation Ins. Agent Award Amount: $ 150,000 Flat Fee (2) Name of Company: City of Naples Address: 735 8th Street South, Naples, FL 34102 Contact: Lori Parsons Email:. Iparsons@naplesgov.com Phone: (239) 213-1833 Property and Casualty Insurance Project Name:Brokerage. Services (3) Name of Company: Town of Davie Address: 6591 Ora e Drive, Davie, FL 33314 Fax: (239) 213-1845 Award Amount: $ 65,000 Flat Fee Contact; Reene Daugherty Email: reene_daugherty@davie-fl.gov Phone: (954) 797-1110 Project Name: Property & Casualty Insurance Fax: (4) Name of Company: City of Cape Coral Address: P.O. Box 150027, Cape Coral, FL 33915 Contact: Mike Quigley Email Award Amount: $ Premium Based rnquigiey@capecoraf.net Phone: (239) 574-0529 Fax: (239) 633-7190 Property:Boiler & Machinery; Data Processing Project Name: Equipment; Crime, Public Official Award Amount: $ Premium Based Liability; Excess Automobile Liability; Excess General Liability; Excess Workers'. Compensation RFC 12-13-302 Form C Insurance Rrokei Services Page 16 of24 RFQ 12-13-302;INSURANCE BROKER SERVICES FOR PROPERTY AND CASUALTY FEE SCHEDULE BrokerFees Form D W ' ,,$- ^ y �t tldnsr"' %rff Y 3d y^ }yw '�' 'f=AFi :n}` -S "� `': ` m: ,g3 , i vice. ,� t,,, & Y ." Option 1 All Inclusive Annual Brokerage Fee (Covers all services in Scope of Services - Items I through 26) S 85,000 Option 2 Broker Designed Program (Explain in detail - Use additional pages if necessary and explain cost savings measures and amounts) Hourly Rates for Additional Services - TBD a. Hourly Rates $ Additional Services b. Per Day $ *Fee Structure and Services provided are negotiable. The Fee above includes up to $10,000 of Legal and Loss Control Services designed to reduce the Citys Cost of Risk. RFQ 12-13-302 Insurance Broker Services Page 17 of24 Authorized Person: , Alan Floret 12/5/2012 gn Printed Name Date Firm's Narne: Risk Management Associates, Inc. dba Public Risk Insurance Agency Contact Person: Brian Cottrell and Michelle Martin Address: 220 S. Ridgewood Avenue, Suite 210,Daytona Beach, FL 32114 Phone: (386) 239-4047 Fax: (386) 239-4049 Please attach a Form W9 in this section. RFQ t3-I3-302 Insurance I3roker Services Page 18 of 24 Additional Qualifications and Services City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS History of Company Brown & Brown was founded in 1939 in Daytona Beach, Florida where its headquarters remain today. Brown & Brown, Inc. and its subsidiaries offer a broad range of insurance and reinsurance products and services, wholesale brokerage services, risk management, third party claims and program administration. Providing service to business, public entity, individual, trade and professional association clients nationwide, the Company is ranked by Business Insurance magazine as the United States' sixth largest independent insurance intermediary. Brown & Brown has over 184 offices in over 40 states with 41 offices located in Florida. Total employee count exceeds 6,500. Brown & Brown is publicly traded on the New York Stock Exchange under symbol "BRO". The company's outstanding financial and business successes can be reviewed at www.bbinsurance.com. Please see Section 6 for a copy of our Annual Report. Firm Experience Brown & Brown is a Florida based company and employs over 1,700 Floridians. We have offices in virtually every geographical locale in Florida. The work outlined in our response will be predominately performed in PRIA's West Palm Beach satellite office and in the Daytona Beach office due to our expertise with public entities. We have significant presence in South Florida with offices in Palm Beach, Miami -Dade, and Broward Counties. In the event these office locations or personnel are needed, they will be utilized for the City. For example, these offices could become "Catastrophic Hubs" manned by Brown & Brown employees, which is integral for expedited recovery in the event of a catastrophe. Public Risk Insurance Agency (PRIA) is the public entity retail specialist within the Brown & Brown organization. Our public entity services nationwide represent over $700,000,000 in premium nationwide and over $130,000,000 in the State of Florida. PRIA has focused exclusively on the risk management and insurance needs of Florida's public entities since 1992. Since that time our business has grown to include over 300 of Florida's governmental entities and $80,000,000 in Florida premium. 100% of PRIA's business activity is directed in designing, implementing, procuring and servicing property and casualty programs for Florida's public entities. A confidential listing of our current clients is attached. We pride ourselves in providing "back -room" resources to our clients in this day of diminishing staffing and internal resources within Florida's public entities. Our standard services include contract review, schedule of insurance (listing of assets insured) maintenance, coordination of data between departments, and other services fashioned to provide administrative benefits. PRIA has access to and enjoys excellent relationships with all of the major public entity insurance markets and industry specialists. Our tenure in the public entity insurance business and our large volume of business with national carriers, regional carriers, and niche markets afford us the ability to represent our clients more effectively than our competitors. We not only search the marketplace for insurance products but have and will provide consultation on various program design and alternative risk finance techniques that best protect our clients' operations, financial assets, personnel, and Board of Directors. �run: rowu PRIA 11,131.1C RISE: IKSIJL NCF. AGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS Professional Experience Primary Contact Mr. Brian Cottrell will serve as the Agent/Account Executive, the individual ultimately responsible for analyzing and designing the insurance program, marketing, negotiating with insurers and other service providers, and communicating with the City decision makers throughout all aspects of the insurance placement and maintenance on behalf of the City. He will be available for any and all meetings, presentations or workshops at the City's request. Mr. Cottrell has over 27 years of public entity insurance experience and possesses significant and applicable experience in all areas of risk management consulting including but limited to: • Insurance Placement, Coverage Negotiations, and Program Design • Retention Analysis • Public Entity Law (Florida Statues governing tort liability, procurement, court rulings, etc.) • FEMA Coordination and Stafford Act interpretation • Claims Advocacy • Informational Presentations Mr. Cottrell's experience, expertise and personal history in serving the risk management needs of public entities separates him from all other peers. The capabilities of Mr. Cottrell have been recognized by independent consultants and experienced risk managers throughout Florida. Evidence of this can be found in recent RFP/RFQ contests for broker services at City of Cape Coral, City of Lake Worth, Village of North Palm Beach, Town of Jupiter, Town of Davie, and City of Lauderhill. In each contest PRIA and Mr. Cottrell prevailed and were chosen as the most qualified agency. Marketing Contact Michelle Martin brings her 22 years of insurance experience and unique skill set to the City to concentrate on the following areas: • Strategic Market Relationships • Excess Casualty Design and Placement • Large Property Design and Placement • Implementation of Ongoing Service Plans • Formal Client Presentations rowu S. COWII PRIA PUBLIC RISK INSIJR EAGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS Customer Service Representatives A designated customer service representative and backup will be assigned for the City. Our CSR's average 20 years of experience and also have specific Risk Management and public entity -focused education and regular training. Our team of CSRs is specifically chosen for their ability to provide value to insurance customers through their abilities to solve problems and to customize service functions to best serve the needs to each individual client. Professional Affiliations & Education PRIA is involved and committed to educational updates and pertinent industry organizations to include: • Public Risk and Insurance Management Association (PRIMA), • Florida Governmental Finance Officers Association (FGFOA) • Florida League of Cities organizations/events • Risk Management Society (RIMS) In addition, Brown & Brown encourages and covers the cost to ensure adequate continuing professional education for all of its employees. In addition, we have internal training resources such as Brown & Brown University. BBU are intensive study classes with curriculum specific to providing our personnel with cutting edge learning tools for our insurance professionals. We also support the National Alliance for Insurance Education & Research studies and designations, and the Insurance Institute of America Risk Management classes. These classes, along with scholarships, are also offered to our clients. PLIIUC RISE. MAIRitiCF, AGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS ACTUAL RESULTS! Just a few examples of PRIA's direct experience in providing not just services, but effective results for our clients are below: City of Sarasota PRIA became the agent of record for this account in June 2009 and achieved the following improvements: • In October 2009 reduced the casualty premiums by $20,000 (7%) and improved the coverage • In April 2010 reduced the property premium by $346,000 (26%) and improved the terms. • Discovered the current crime coverage was not in compliance with the City's charter and provided the correct terms and coverage • Discovered the City's highest valued location was in flood zone with no flood insurance. Problem was rectified with the procurement of a NFIP flood insurance policy. • In the 10/11 property renewal we again reduced the rate by 10% and the overall premium by $26,000. (Even with the Total Insured Property value increasing by $20,000,000) • The property rate for the 12/13 renewal was reduced by 13% in spite of a firming market. Loss limits remained the same! City of Fort Lauderdale PRIA was awarded the City's Agent of Record in a State Wide Request for Qualifications process in June 2009. Since becoming the County's Agent of Record we have accomplished the following: • In April 2010 we reduced the total property premium. by $167,288 (8%) while also increasing the overall property insurance limit from $100M to $150M. • Identified the need to put NFIP policies in place and successfully coordinated the placement of 71 NFIP policies. By doing so the City obtained an additional $40,921,000 of coverage for flood. • In the 2011 property renewal we lowered the property rate by 9%. To obtain an additional 12% rate reduction and a total of 21%, we negotiated a flat deductible that will cap their deductible losses per year. • In the 2010 workers' compensation insurance renewal we negotiated a $40,000 savings (10.6%) and reduced the retention by $500,000 (from $2,000,000 to $1,500,000) City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS Hillsborough Transit Authority (HART) PRIA has served HART for various insurance placements continuously since 1997. Recent services provided include: • 11% Rate reduction for Public Officials/Employment Practices Liability in an increasing market. • Negotiation of Legal Counsel of Choice for HART's Public Officials/Employment Practices Liability. • Insurance Coverage Review completed; this is one of our Quality Control tools. • Involvement in planning stages and placement of insurance for the building while under renovation for 4305 East 21st Avenue. The availability of this insurance option is both administratively and cost effective. • Currently involved with coordination of Insurance Replacement Cost property appraisal services (at no additional cost to HART) and analysis of completed exposure at 4305 East 21st Avenue. • Liaise with Property insurer to confirm direct payment to pre -approved contractors in the event of a catastrophe. This is significant for cash -flow and efficiency of claims handling. Pinellas Suncoast Transit Authority (PSTA) PRIA prevailed in a RFP process in 2009 and since that time have been able to significantly reduce premiums and improve services and coverage: • Currently in the process of implementing Cyber Liability coverage. • Implemented National Flood Insurance Program (NFIP) in compliance with FEMA's Stafford Act, in addition to excess Flood insurance. • Overall premiums remain 11% less than in 2008. • Increased Crime Insurance available. • Reduced property deductible. • Assisted in implementing claims reporting practices. • Provided Stop Loss coverage. 7+('y��ro�wft jJr row PRIA PU@UC RJSJ: UN'SITR.ANCT,, AGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS Lee County Board of County Commissioners PRIA was awarded a 5 year contract for Agent/Broker for Property and Casualty Insurance in a Request for Proposals process in 2006 (former agent was AJ Gallagher). PRIA was successful in retaining the contract in a 2011 RFP process as well. This speaks to the level of satisfaction of the County with PRIA's services. • Since 2007, overall premium savings negotiated on Lee County's behalf has been in excess of $4,000,000. • 2012 Property renewal resulted in a 3% rate reduction with no change in limits or retentions. • After extensive analysis, the County increased its Liability self -insured retention. We were able to effectively negotiate a credit with the existing insurer to bring a 20% savings in premium. • PRIA effectively navigated property insurance for the County's Bridges exposures in an extremely limited marketplace for engineered risk exposures. After identifying a significant carrier relationship within the Brown & , Brown organization, we were able to negotiate a premium savings of 20% and enhanced coverages. This placement has proven to be extremely valuable in the subsequent renewals. • Claims advocacy, including a $5,475,000 large loss payment delivery to the insured within 30 days of the incident. The subsequent renewal premium was negotiated with no increase or change in terms or conditions. �u rown PRIA PUBUC RISK IIZSUR.ANCE AGENCY PRIA CLIENT LIST - CONFIDENTIAL City/Town/Village Atlantic Beach Auburndale Aventura Belleview Bunnell Cape Coral Chattahoochee Chipley Coconut Creek Cooper City Cottondale Dania Beach Davenport Davie Deltona Destin Eagle Lake. Edgewater Fellsmere Fort Lauderdale Fort Myers Fort Walton Beach Groveland Haines City High Springs Highland Beach Hollywood Indian River Shores Inverness Jacksonville Beach Jupiter Key West Lake Helen Lake Worth Lauderhill Lighthouse Point MacClenny Madeira Beach Madison Marco Island Margate Mayo Miami Mulberry Naples North Miami North Patin Beach Ocala Orange City Pensacola City/TownNillage (continued) Perry Polk City St. Cloud Sarasota Treasure Island Venice Weston Williston Counties Brevard Citrus Clay Columbia Desoto Flagler Gadsden Gilchrist Gulf Highlands Jefferson Lee Levy Madison Marion Okaloosa Santa Rosa Sarasota Union Wakulla Special Districts Barefoot Bay Recreation District Bayfront Bay Recreation District Big Bend Water Authority Bonita Springs FCD Broward MPO Buckhead Ridge MCD Canaveral Port Authority Central Florida Fire Children's Board of Hillsborough Citrus County Sheriff Citrus Mosquito Control Clay County Utility Collier MCD East County WCD Special Districts (continued) East Lake Tarpon Fire Estero Fire Rescue Fellsmere WCD Ft. Myers HA Ft. Myers Bch Fire District Health Care District of Palm Beach County Hillsborough Transit Authority Immokalee FCD Immokalee WSD Key Largo Ambulance Key Largo Fire/Rescue Lake Asbury MSBD Lake Region Lakes Lake Worth Drainage District Lakewood Ranch Interdistrict Auth Lakewood Ranch Stewardship Dist Lee County HA Loxahatchee Groves WCD Loxahatchee River District Melbourne Tillman WCD Miami Beach HA Moore Haven MCD Naples Airport Authority New River Solid Waste Northern Palm Bch Co. Improvement Dist Old Plantation WCD Palm Beach County HA Peace River WSA Pine Tree WCD Pinellas Park WMD Pinellas Suncoast Fire Pinellas Suncoast Transit Pompano Beach HA St. Johns River WMD Sanibel Fire & Rescue Sebring Airport Seminole Improvement District Senior Resources Special Districts (continued) South Indian River WCD South Trail Fire Southwest Florida WMD Spring Lake Improvement Dist Suwannee River WMD TBARTA Tampa Bay Water Tampa Historic Streetcar Three Rivers Library Titusville HA Upper Captiva FD Wakulla UFFA Washington County Sheriff Winter Haven HA 53 Community Development Districts Schools/Universities Cape Coral Charter Schools Authority Collier School District Florida Atlantic University Florida International University Lee School District Madison School Board Okaloosa School District Orange County Schools Pasco School District Seminole School District University of Central FL University of FL University of North Florida Charter Schools sII town' PRIA PUBLIC RISK 1111SLR ANCE AGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS In addition to the vast experience within PRIA, we utilize any and all resources available through our national network of public entity specialists. We also have excellent relationships with other industry specialists. Other Internal Resources As the largest insurance agency in Florida and in the Southeast, we have a plethora of specialist resources available to our clients to assist in analyzing and providing options for keeping the cost of risk as low as possible. The Brown & Brown organization offers a myriad of resources which include professionals focusing in the following areas: • Litigation Specialists and legal support • Actuarial Services • Reinsurance brokerage services • Alternative Risk Transfer and Captive management • Financial & Property Modeling • . Governmental pool management and support services • Third party claims administrators specializing in governmental claims • Program administrators with distinctive expertise • Wholesale specialists in public entity, property, and professional liability • Loss Control and Safety Resources Client Portal PRIA will design a secure portal. This solution would facilitate reporting and communications internally and allow usage for external reporting (to insurers, other departments in the City, etc.). It would be accessed via the PRIA website and managed by PRIA. Items accessible via the portal could include: • Policies • Loss Control Resources • Email and other useful links • Schedules of Insurance • Certificates of Insurance • Other items as determined City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS External Resources PRIA also has relationships with similar organizations that may or may not be Brown & Brown subsidiaries and would recommend the service provider that will most benefit the client and fulfill their needs, whether a subsidiary or not. Brown & Brown's decentralized culture allows for this flexibility. Asset Management — Property Claim Recovery For example, PRIA has partnered with AssetWorks Property Risk Management Group to provide a new asset management resource unique for PRIA clients. This resource will be developed depending upon the City's needs to provide services such as: • Property Appraisal • Loss Control • Updating of Values • Proof of Loss Documentation • Database management of assets easily accessed by City employees and PRIA staff for changes and updates. We also regularly partner with other firms to provide property valuation services to our clients upon request. FEMA Compliance/FEMA Coordinators and Disaster Recovery Contractors FEMA coordination is integral for an efficient property claims adjustment and to reduce time and cost of risk of the City's recovery from a disaster. Many of these resources can be utilized FREE of charge to municipalities. PRIA will coordinate existing relationships and/or introduce professionals in these areas to the City. tows: rowu PRIG.. M1iUCRISK IW PRANCEAGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS Legal Services Based on the City's description of certain claims, litigation, and contractual related services desired, PRIA has determined that the City would benefit from the services of an independent law firm with over 70 associate attorneys, located in West Palm Beach and Miami, and with a specialized governmental practice. PRIA has worked with the Lydecker Diaz firm in conjunction with several of our clients with outstanding results and accolades. Specialized services available to the City include: • Contractual verbiage • Federal EEO Compliance • Policy and Procedure Manuals • Review of avoidance of claims, identification of problem areas, and the implementation of measures to limit overall exposure • Employment HELPLine Areas of expertise within the firm include a Workers Compensation Unit, a Labor and Employment Division, and a Governmental Practice. Areas of focus within these divisions include: • Constitutional law • Sovereign immunity/tort claims • Civil rights • Violations of the Government -in -the -Sunshine Act • Employment law violations Clients include: Broward County School Board State of Florida, Risk Management Dept. Housing Authority of the City of Miami Beach City of Sunny Isles Beach City of Marco Island City of Miami Beach City of Flagler Beach City of Palm Beach Gardens Town of Davie Town of Dania Beach Town of Highland Beach Town of Lantana Town of Palm Beach Village of Key Biscayne Village of Bay Harbour Islands Town of Jupiter Town Officials Southwest. Florida Water Management District Palm Beach County School Board Miami -Dade County School Board Clay County Florida Atlantic University Florida Gulf Coast University Florida Automobile Joint Underwriting Assoc. Collier County Housing Authority Boca Raton Housing Authority Indian Trail Improvement District Lee County Improvement District Please see a letter of experience for listing of cases, experience and biographies of the firm's governmental specialists attached in Section 6. City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS Loss Control Resources We are fortunate to have a team of highly experienced safety and loss control representatives housed in Florida and whose goal is to reduce Cost of Risk. A suggested menu of services includes (but are not limited to): • Safety Manual — assistance in development, review and/or updates. • Safety Committee — review of current structure & activity and assistance. • Drug Free Workplace — assistance in development, review and/or updates. • On -site classroom training, to include: o Driver Training o OSHA standard updates o Claims reporting and incident handling for supervisors. o Ergonomic Review o Sexual Harassment • Claim Review and Trending Analysis • Contractual Review • Safety Resources — identify needs for training and other resources. Some of these resources may require an additional fee to be clearly disclosed: o On-line training o DVD's o Safety Posters/Safety Slide Guides o Site Inspections o Self -Inspection Forms • Disaster Recovery Plan Development and/or Update • Special training such as hands-on chainsaw training from an arborist, on -site defensive driving courses, etc. Risk Control & Legal Services There could be additional charges for services, such as on -site property appraisals, employee training resources, or designating legal counsel to handle a specific claim or review policies and procedures. We have included in our Fee up to $10,000 annually to pay for these important cost reducing • activities.. We would like to meet with the City to determine which services will be most effective to reach the City's goals. r w Cl town PRIA. MARK RISK 11, 1;RANC. AGENCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 Partial Menu of Online Learning Courses: SAFETY•AND HEALTH SERIES. Bloodborne Pathogens Bloodborne'Pathogens for Healthcare Workers Chemical Safety Confined Spaces Defensive Driving Design for Environment DOT Hazardous Materials Transportation - General Awareness DOT Hazardous Materials Transportation - Classification DOT Hazardous Materials Transportation - Loading and Unloading DOT Hazardous Materials Transportation - Marking, Labeling' and Placarding DOT Hazardous Materials Transportation -Packaging DOT Hazardous Materials Transportation - Shipping Papers Electrical Safety Awareness Electrical Safety for Emergency Responders Environment, Safety and Health At Work Environment, Safety and Health At Work -Contractors Edition. Environmental Management Systems Ergonomics for Manufacturing -Reducing Injury & Improving Performance Fail Protection: Working Safely at Heights Fire Extinguisher Safety Hazardous Energy Control Hazardous Waste Management Hearing Conservation: Protecting Yourself from Hearing Loss incident Command Introduction to Accident Investigation Introduction to LaserSafety Laboratory Safety Managing Workplace Safety and Health Office Ergonomics (ErgoNet) Personal.:Protective Equipment: General Personal Protective Equipment: Eye & Face Personal Protective Equipment: Fool Personal Protective Equipment: Hand & Arm Personal Protective Equipment; Head Powered industrial. Truck Safety Radiation Safety Radioisotope Safety Respiratory Protection Workplace Violence EMPLOYMENT LAW SERIES Americans with Disabilities Act - Managing Effectively Within The Law Avoiding Wrongful Termination - Legal Guidelines for Proper Discipline and Discharge Employee Privacy - Balancing a Manager's Right to Know ErgoNet- Office Ergonomics Family Medical Leave Act Preventing Employment Discrimination - Understanding the Equal Employment Opportunity Laws Preventing Sexual Harassment - A Guide for Managers and Employees Sexual Harassment: Understanding and Prevention: A Guide for Valuing Diversity Understanding Sexual Harassment (A Guide for Employees) Workers' Compensation: A Manager's Guide Workplace Violence: Environment end Occupational Risk Management New Employee Training for School. District Employees L.AW.ENFORCEMENT VEHICLE SAFETY SERIES Check 11 Out: Vehicle inspections. Distracted Driving Driving in Adverse Conditions Traffic Stops Vehicle Accidents: A Study of Statistics' Vehicle Pursuits Part 1: Initiating Pursuits Vehicle Pursuits Part 2: Conducting Pursuits Vehicle Pursuits Part 3: Terminating Pursuits BUSINESS SERIES 1 to 1: Customer Service Success Are You Realty Listening? Lose the Meeting Blues: A Practical Guide for More Effective Meetings High Impact Visual Aids lt's"About Time: Strategies for Effective Time Management Managing Information Overload Negotiation: Your Road to Success PowerSpeaking PROACTion: Creating Change, Innovation, '& Opportunity Self for Success The Effective Business .Wnter The Power to Change Powered by r^j Pivotal Synt o- 't't[[Wjrt . L r wu PRI1 rtw.icRISK m'stmt cEAC-NCY City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 ADDITIONAL QUALIFICATIONS Client Communication We constantly communicate with our clients concerning legislative and other changes which may affect our clients' policies, procedures and risk exposure. For example for our self -insured clients, personal meetings, email notifications, and phone calls recently were utilized to communicate AND to determine any actions necessary concerning the following newsworthy industry developments: • Periodic general financial/insurance Market Updates. See a specimen Market Update report utilized with our clients in mid-2012 in Section 6. •, Update concerning impact of updates in . Property . Modeling . software RMS 11 potentially affecting property rates and coverages. • Notification and Impact discussion resulting from increases in sovereign immunity tort limitations per FS 768.28 • Extension of the National Flood Insurance Program • Notification of the State of Florida Workers' Compensation Self -Insurer assessments. • Notification of 3rd straight year of Florida Workers Compensation rate increases resulting from increased claims cost. Provide benchmarking and analysis of claims cost trends to note and analyze within your entity. Ihrowu S-. ruwl PRIA Pt'RUC RISK rts.1. R.iVCF. AGENCY Exceptions to Proposal Provisions City of West Palm Beach Insurance Broker Services - RFQ No. 12-13-302 EXCEPTIONS TO PROPOSAL PROVISIONS Section 5 - Insurance Requirements We agree to the Insurance Requirements, except for the following items: • 5. b. ii. We would like to add "with respect to this contract" to the end of this statement. Section 6 - Insurance Coverages We agree to the Insurance Coverages, except for the following items: • Umbrella or Excess Liability. Insurance — We would like to add "with respect to this contract" to the end of this statement. • The carrier will not provide 30 days' notice of cancellation to the certificate holder. However, PRIA will endeavor to provide 30 days' notice to the City in the event of cancellation or expiration. In addition, Brown & Brown's insurance is modified regularly, and therefore notification of modification of the coverage is not practical. If there is a material change in the coverage required by the City, PRIA will endeavor to provide 30 days' notice to the City. We, of course, do not anticipate either of these scenarios occurring. Section 33 - Indemnification We would like to amend the following sentence from the Indemnification statement: ...provided however, the Respondent shall not be responsible to the City for damages resulting out of bodily injury or damages to property which Respondent can establish as being attributable to the sole or partial negligence of the City, its respective agents, servants, employees or officers. Contract Brown & Brown and PRIA utilize a standard contract format for Broker Services Fee Agreements that we suggest be utilized for the Fee Agreement with the City, subject to mutually agreed amendments. Attachments Specimen Implementation Timeline City of West Palm Beach Insurance Broker Services — RFQ No. 12-13-302 SPECIMEN INSURANCE RENEWAL/BROKER SERVICES SCHEDULE January February March April May June July August September October November December cohtraCt Finalization Exposure/Claims Analysis and Seance Plan Finalized Presentation ot.Goals and Objectives Insurance Polic ;.Renewalsr Basedfon a 10/1gRenewal ... 4., .... ... .. 1......._. sv.. Y ,.._..,ib&,e ? � ; y� ,....�'; "?r....._._..'n,.+A a`�. ? .;. .r ; g ,„ ,xr;.fslA4Y,:3sY' i.T^eT'? :?f�e1 Develop Marketing Plan & Renewal Strategy for Insurance •olicies ,° t ' - Evaluate'Self Insurance Program New Exposures Indust & Market Trends y hx ������ Prepare & Submit UnderwritingSubmissions —� Analyze Insurance/Progra n' esign Options _t k 't1.11061110i2L v ` s, 0� .. Submit Insurer' Res onses, Formal Quotttes & 0 tions '` —_,___ �> z ..uAt�:�., �...c....,'^..., Confirmation Coverage Borders and Invoices � Delivered ������� ---- Review Policies for Accurac Re uest Chan es , Y 9 9 ,. 3 p '.: `9 mw 'n R 'k* F}+S't� Deliver Pollees ,� � �.,� � Annual/.'On • om •..:�.. _Services-„ Open and Critical Review ( � , Sbmit Sumary of all In force P Insurance o umlicies1114 ClaimsAssistance and Advocacy z s , x firs ?: �������������r•��� .a ,::. Monitor Insurance Marketplacen and Provide Periodi3O'- � Indust an`Le d• islative U •datesx Identification,and response to Loss Control needs ., �_ $. ,;-t?' " ���_ �-'���-�__ • _ . , .id e , t z v .; > w-t x Respond�to allTDaily-Service Needs x? �� saY. i�. ,m-sv#�E r,.��i , ._'�Lt�'...,d �9¢r .....,�.M''D" ..a +,i,. �`r.t`9'.J:.."'�.'�",--- 1'9WII. d.,..'.. rowii PRIA r PUBLIC RISK INSURANCE. AGENCY. Attachments Mid-2012 Market Update Report Insurance Market Update 2012-2013 Property/Casualty Insurance Renewal Insurance premiums are not only impacted by an individual entity's historical claims experience and risk exposure units (such as payroll, assets insured by Property insurance, etc.), but also both regional and global claims trends and economic shifts. The Property & Casualty insurance marketplace is cyclical. We characterize a "soft" market by stable or falling premium rates, and "hard" market by rising rates and potential difficulty finding coverage. Since 2004 we have experienced a general "soft market" period, aside from upward -spiking Property premiums following the 2004 and 2005 Hurricane seasons. Market fluxuations in general will follow economic conditions and loss history. One of the major factors influencing insurance company strategies and ratings is the Combined Ratio. The Combined Ratio is the sum of the loss, expense and policyholder dividend ratios not reflecting investment income or income taxes. This ratio measures the company's overall underwriting profitability, and a combined ratio of less than 100 indicates an underwriting profit. To understand the current market cycle, we review historical data. Property & Casualty Industry Combined Ratio 2001-2011 2001 115.8 2002 107.5 2003 100.1 2004 98.4 2005 100.8 Heavy Use of Reinsurance lowered net losses to insurers 2006 92.6 BEST COMBINED RATIO SINCE 1946 2007 95.7 Relatively low losses result in releases of reserves 2008 101.0 Cyclical Loss Deterioration 2009 99.3 Relatively low losses, release of reserves 2010 100.8 Average losses, release of reserves 2011 106.4 Higher CAT losses, shrinking reserve releases In addition, insurers depend heavily on investment income from surplus to overcome the. obvious overage in claims vs premiums collected as indicated above (ie average of $106.4 in claims paid out vs. $100 of premium collected for 2011). Investment income has arguably been less stable in the past few years and is certainly not predictable for the near future. It is interesting to visualize the trend of premiums in relation to Combined, Ratios. We are currently in a stabilizing marketplace, with national average net premiums writing in the United States increasing in 2011 as illustrated in the graph below: rows �ro n PRIA PUBLIC RISK INSURANCE AGENCY August 27, 2012 Insurance Market Update (Cont'd) PERCENT CHANGE FROM PRIOR YEAR, NET PREMIUMS WRITTEN, P/C INSURANCE, 1975-2011 25% 20 15 10 5 0 -5 -14 Actual -a-infiat cn-ac:i 1975 1979 1983 1987 1991 1995 1999 2003 :2007 2011 (1) Excludes state funds. Source: ISO, a Verisk Analytics company. www.iii.orq Property Conditions: Updated loss prediction software models utilized by the Property reinsurance industry and worldwide insured -property losses in 2011 have most significantly affected the global and local Property Insurance/Reinsurance marketplace. The marketplace has been in a soft market cycle with steadily declining premiums and adequate insurer capacity. The market is showing signs of flattening to low double-digit increases nationwide. The property market for catastrophic exposed locations (including Florida) has had more drastic premium and coverage changes. Modeling Software - Over 80% of property reinsurers utilize a loss prediction or "modeling" software. This model is used by the majority of insurers to formulate rates/premiums and capacity, or limits they are able to offer on an individual risk. The most widely used modeling software is "RMS". In 2011 a new version was released which suggested higher loss probabilities than in prior versions. This pricing tool has had a significant impact on premiums and capacity available for property insurers to offer. 2011 Worldwide Property Losses - Estimated worldwide -insured losses at an estimated $370 Billion makes 2011 one of the costliest years in history. There has also been a frequency of unanticipated loss event. For example Hurricane Irene's path created unparalleled damage in the northern part of the US. The Spring Tornadoes & Storms insured losses are estimated at $21 billion of losses, and Hurricane Irene at over $4 billion of losses. Therefore, insurers are re- evaluating their underwriting strategies and capacity for risk. PRIA represents over 200 public entities in the state of Florida. Each entity's property portfolio models differently, and rates are set at different levels. In general, during 2012, average property increases have been flat to in the double digits percentage increases. rown` & rown PRIA PUBLIC RISK LNSURANCEAGENCY August 27, 2012 Insurance Market Update (Cont'd) Tort Liability changes in Florida Statute 768.28 Effective October 1, 2011, the sovereign immunity protections afforded Florida's public entities under FS 768.28 was amended. It increased the liability limitations from $100,000 per person/$200,000 per incident to $200,000 per person/$300,000 per incident. For- General Liability and Automobile Liability, this change is expected to impact Florida's public entities and insurers .of Florida's public entities in increased claims payments. The extent of the impact has not been measured and will develop over the next few years. The exposures for tort liabilities are typically in automobile liability and general liability, therefore these increased exposures are self -insured by HART. Workers Compensation The State of Florida has passed two consecutive years of Workers compensation increases, averaging between 8 and 9% each for both 2011 and 2012. Workers compensation national combined ratios have been increasing since 2006. 2011 Combined Ratios are 117%. Pollution/Tank Liability Insurance In general there remain a limited number of insurers that will provide premises pollution coverage and tank liability coverage to public entities. However, renewal premiums this year have been flat, and many times coverage enhancements can be negotiated. Therefore, it appears that this line of coverage is fairly stable. Public Officials Liability/Employment Practices Liability Insurance For many of the insurers of this line of coverage, there has been significant claims development over the past few years. We are experiencing restrictive coverage terms and significantly higher premiums from many insurers. Increasing reinsurance costs, increased loss activity, and economic conditions such as high unemployment rates, etc. are impacting this line of insurance. Florida appears to be particularly conducive to loss activity in these areas. �ow. �ru n PRIA PUBIJC RISK INSURANCE AGENCY August 27, 2012 Insurance Market Update (Cont'd) Public Officials Liability/Employment Practices Liability Insurance (Cont'd): One concern to insurers is the availability of plaintiffs to file complaints with the US EEOC. In these proceedings, the defending entity can also become liable for plaintiff attorneys fees. As an indication of EEOC charges activity increases: 1997 . 80,680 total charges filed with the US EEOC 2011 99,947 total charges filed with the US EEOC This is an increase of over 24% over 15 years. Cyber Liability This is a recently developed insurance coverage to handle exposures such as privacy and notification liability, business interruption, media content, identity theft, and other exposures facing virtually every entity today. We have observes premiums decreasing and more entities purchasing coverage in 2011. The coverage is non-standard so we recommend a close review of your entity's exposures to assist with the selection of coverages available. row; rown PRIA PLBUC RISK INSURANCE AGENCY August 27, 2012 Attachments Legal Services Team ATTORNEYS AT LAW Firm Government Liability General Liability Professional Liability EPLI Appellate Practice Workers' Compensation Lydecker Diaz is a full -service law firm with more than 80 attorneys and six offices throughout Florida, offering a statewide practice. • Miami • Orlando • Tampa • Bonita Springs/Naples • West Palm Beach • Jacksonville Please Reply to our Main Office Lydecker 1 Diaz 1221 Brickell Avenue, 19th Floor Miami, FL 33131 (305)416-3180 WWW.LYDECKERDIAZ.COM Serving Florida Statewide ATTORNEYS AT FLAW Thank you for the opportunity to submit our Firm's credentials for your review. We trust you will be pleased with our experience and extensive background in the areas discussed. Below you will find a short description of our statewide services, experience, and client base. We hope with this proposal you will see how qualified our team of lawyers and staff are to provide you with the various services requested. We look forward to working with you in the future and exceeding your expectations. ABOUT THE FIRM Lydecker I Diaz (the "Firm") is a full -service law firm with over 80 attorneys and six offices in Florida handling matters statewide, including offices in Miami, Bonita Springs, West Palm Beach, Orlando, Tampa and Jacksonville. The Firm has earned a strong and positive reputation for its tenacious defense and protection of the best interests of its clients, and for obtaining optimal results. Our long-standing relationships with our clients are grounded in mutual trust and an understanding of each client's needs and goals. GOVERNMENT LIABILITY Our Representative Government Clients The following should serve as an example of the Firm's services to government entities at international, national, and local levels: Federal Aviation Administration Bivens Representation. We currently represent a number of federal FAA agents, and various supervisors of FSDO's and other offices in various claims of constitutional violations including due process violations brought as a Bivens action stemming 'from the shut down of a popular Part 142 school and the de -certification of various individuals holding type ratings for the largest commercial passenger aircraft. Our representation includes closely working with the Office of the United States Attorney and the Department of Justice. Federal Deposit Insurance Corporation Representation. We are regularly engaged by the Federal Deposit Insurance Corporation (FDIC) to investigate the failure of banks and bring actions against any entities or individuals who created or deepened the insolvency. One such recent representation involved the failure of Florida Community Bank, one of the oldest banks in Florida, which was created in 1923. The Bank suffered from a number of construction -based loan defaults, including a near $30M loss by the third-quarter of 2009. The Firm is now actively involved in investigating the loans made, management, investment advice, potential mishandling of investments, loan processing and underwriting irregularities, delinquent loans, ATTORNEYS AT LAW misrepresentations, accounting and auditing malpractice, and other errors and omissions which caused or contributed to the loss. State of Florida Agencies. We have been retained over the last several years to represent various State agencies, including, the Department of Children and Families, Department of Transportation, Agency for Health Care Administration, Department of Lottery, Department of Corrections, State Attorney's Office, Miami -Dade County, Miami -Dade County SAO Katherine Fernandez -Rundle, and the Florida Department of Financial Services, Division of Rehabilitation and Liquidation. We have also represented numerous State Universities, Counties, and Water Management Districts. Various Other Significant Government Representation: Among the Firm's current and former representative government clients are: State of Florida, Risk Management Department, Housing Authority of the City of Miami Beach, City of Sunny Isles Beach, City of Marco Island, City of Miami Beach, City of Marco Island, City of Dania Beach, City of Flagler Beach, City of Palm Beach Gardens, Town of Davie, Town of Dania Beach, Town of Highland Beach, Town of Lantana, Town of Palm Beach, Village of Key Biscayne, Village of Bay Harbour Islands, Town of Jupiter Town Officials, Southwest Florida Water Management District, Palm Beach County School Board, Miami -Dade County School Board, Clay County, Florida Atlantic University, Florida Gulf Coast University, Florida Automobile Joint Underwriting Association, Collier County Housing Authority, Boca Raton Housing Authority, Lee County Port Authority, and the Indian Trail Improvement District. Civil Rights / Constitutional Claims The Firm's lawyers have amassed considerable expertise in representing the State of Florida, municipalities, government officials, political sub -divisions, state corporations, school districts around the State, and newly elected officers. Our government liability cases often involve complex issues of Constitutional law, sovereign immunity, civil rights, violations of the Government -in -the -Sunshine Act, as well as torts, employment law violations, and common law claims. Our lawyers are constantly at the forefront of changes in the law affecting our government clients in order to better serve them, and have successfully defended governmental entities and officials in numerous actions involving a wide array of issues, including violations of the Fourth Amendment, Fifth Amendment, Fourteenth Amendment, the First Amendment restrictions, Bivens actions, Equal Protection claims and 42 USC § 1983 actions. These actions require regular analysis and review of Florida's criminal laws, the law of probable cause, issues of use of force and excessive force, and prosecution of criminal charges. We also work closely with top experts in the field to assess these issues as well as issues of officer training and proper patrol and arrest procedures. Our government liability team has considerable experience defending against government tort liability claims, vicarious liability actions, and public official misconduct, carefully navigating a variety of government -specific defenses, including state sovereign immunity, and federal state action doctrines. Not (only has the Firm successfully defended state and local entities ATTORNEYS Ai `LAW and officers in actions filed against them across the State, but is also devoted to obtaining maximum recovery on behalf of the State and local entities we represent as Plaintiffs. Government Tort Liability Our attorneys also routinely represent police officers, municipalities and other public officials charged with claims of official misconduct, retaliation, and state tort law claims, including those for battery, false imprisonment and malicious prosecution,. Our expertise has resulted in dismissals in both State and Federal courts of claims based on a number of legal defenses including individual immunity, standing, state sovereign immunity, as well as substantive defenses. In regularly defending these claims, our attorneys have significant experience with police department personnel and internal affairs issues and investigations as well as knowledge of the administration and standard operating procedures of municipal police departments. In the majority of our police officer cases, municipalities and their officers are named in the same suit, requiring a close and concerted response by counsel for such defendants. Our Firm has excelled in joint efforts to defend such oft -times aligned parties for the mutual benefit of the parties and typically takes the lead on the defense and direction of the litigation. Because many of our Public Officials and government liability cases are disposed of on summary judgment, we are often called upon to defend appeals of the judgments in both the federal circuit and the Florida courts. The attorneys comprising the Employment Division have represented numerous public employees and employers, including the Broward Sheriffs Office (BSO), the Broward County School Board, Palm Beach County School Board, and the Department of Education.. In representing these clients, our Employment Division has dealt extensively with issues such as due process, name clearing hearings, qualified immunity, unionization, grievance proceedings and arbitrations. Over the years, the partners and attorneys in our Employment Division have represented numerous public and private educational institutions including Large universities and colleges, public school boards and charter schools. The representation of the Broward County School Board consisted of attending regularly scheduled pre -determination hearings where a particular employee was charged with a violation of law or School Board policy. Once the employee requested an administrative hearing pursuant to Florida Statute §120.57, our Firm initiated litigation before an Administrative Law Judge ("ALJ") for the issuance of a recommendation to the Agency with authority to discipline the employee, which oftentimes included termination of employment. Such litigation consisted of engaging in discovery, taking witness depositions, analyzing past disciplinary actions taken against other employees who committed similar offenses, attending the administrative hearing (or trial), preparing recommended orders to the ALJ based upon the evidence at the hearing, and filing any exceptions to the ALJ's recommended order to the Agency. Our Employment Division has also argued the merits and/or deficiencies in the ALJ's recommendations to the Agency for final action and final order. ATTORNEYS AT LAW Mark A. Hendricks, the partner in charge of the Employment Division's representation of the Palm Beach County School Board, headed an investigation into a school's principal who was alleged to have engaged in approximately twenty acts of immorality and violations of School Board policy. Mr. Hendricks also represented the School Board in various lawsuits arising out of the aforementioned investigation, one of which was appealed to the Fourth District Court of Appeals, who entered an opinion in favor of the School Board Superintendent. GENERAL LIABILITY/AUTOMOBILE LIABILITY/PERSONAL INJURY LIABILITY Besides the above, the Firm's attorneys also have considerable litigation and trial experience, specializing in personal injury and automobile negligence claims against government entities. Our firm has litigated hundreds of cases involving bodily injury and property damage claims on behalf of government entities, agencies, and subdivisions of the state. Our Firm also regularly represents insurance carriers in declaratory judgment actions, interpretation of policy provisions and exclusions, defense of bad faith litigation, comprehensive general liability insurance, excess and umbrella coverage issues, Florida PIP and UM/UIM coverage, rescission, subrogation actions, arbitration and trial of first -party claims, workers' compensation and employer's liability claims. Accounting Malpractice Our Firm has extensive experience in handling professional negligence actions involving accounting malpractice. Our attorneys have financial backgrounds and are versed in commercial areas that facilitate efficient prosecution and recovery of damages caused by accountants' deviations with Generally Accepted Accounting Principles (GAAP) and Generally Accepted Auditing Standards (GAAS). Accounting malpractice actions often involve voluminous document discovery for which our Firm has the technological resources to effectively administer. The Firm also works closely with skilled forensic accountants and consultants to identify auditors' negligent acts and omissions and related monetary losses recoverable. In fact, our Firm is presently engaged in high -profile litigation involving some of the largest accounting firms in Florida. LABOR AND EMPLOYMENT PRACTICES LIABILITY Our Labor and Employment Division has represented numerous private and public employers and agencies (such as the Florida Department of Insurance and Department of Financial Services, Boca Raton Housing Authority, the City of Dania Beach, the City of Coconut Creek, the Florida Keys Mosquito Control District, the Town of Davie, Key Largo Wastewater Treatment District, Lee County Port Authority, Hillsborough Area Regional Transit Authority, The Blackstone Group Hotel Division, Extended Stay America Hotel, Miami Air International, SCI Funeral Services, WMF Americas, Inc., Piccadilly Restaurants, LLC and numerous ATTORNEYS AT LAW municipal governments) in suits filed by employees, during both the administrative proceedings before the Equal Employment Opportunity Commission (EEOC) or local agencies, and in any resulting litigation in both state and federal courts. Additionally, we have represented municipalities in arbitration proceedings pursuant to Collective Bargaining Agreements. We have also represented management in labor negotiations and related matters with its unionized employees. Our Firm's Labor and Employment Division covers the entire spectrum of labor and employment litigation, arbitration, administrative practice before the EEOC and the Labor Department, federal contract compliance, wage -hour standards, workers' compensation, and client counseling under federal and state labor and employment laws. Over the years, the partners and attorneys in our Labor and Employment Division have also represented numerous public and private educational institutions including large universities and colleges, public school boards and charter schools. The representation of the Broward County School Board consisted of attending regularly scheduled pre -determination hearings where a particular employee was charged with a violation of law or School Board policy. Once the employee requested an administrative hearing pursuant to Florida Statute § 120.57, our office initiated litigation before an Administrative Law Judge ("ALJ") for the issuance of a recommendation to the Agency with authority to discipline the employee, which oftentimes included termination of employment. Such litigation consisted of engaging in discovery, taking witness depositions, analyzing past disciplinary actions taken against other employees who committed similar offenses, attending the administrative hearing (or trial), preparing recommended orders to the ALJ based upon the evidence at the hearing, and filing any exceptions to the ALJ's recommended order to the Agency. Our Labor and Employment Division has also argued the merits and/or deficiencies in the ALJ's recommendations to the Agency for final action and final order. Our Labor and Employment Division is well -versed at aggressively trying and defending cases. The following -points, while not an exhaustive list, may be helpful in illustrating our vast experience in this area: • Litigation Arising Out Of Equal Employment Opportunities and Civil Rights Laws — Our Employment Division has extensive experience in equal employment opportunity litigation and regularly handles complaints of discrimination from the initial charge through the trial and appellate stages. Our experience includes the handling of large- scale complex litigation under the various equal employment opportunity laws, while remaining sensitive to the impact of our defense on general business practices and continued compliance with other laws. We have handled a large number of class actions, collective actions and pattern and practice suits in federal, state and administrative courts across the country. Our representative clients include companies in the transportation, hotel and restaurant, and construction industries. Many of the class-action suits have involved sophisticated statistical analysis and extensive use of expert witnesses. • Common Law and State Law Employment Claims — Our Employment Division has been retained to handle a substantial number of wrongful discharge claims filed pursuant to common law and state laws. In addition, we represent employers in their defense of ATTORNEYS AT LAW claims arising out of a breach of employment agreements, including suits to enforce non - competition obligations in the state and federal courts. Claims raised in such cases often include, in addition to breach -of -contract allegations, various tort claims and allegations of public policy violations. Over the last several years, we have represented a major re- insurance brokerage company based in London, with offices throughout the world, in a number of claims arising out of non -competition and confidentiality agreements as well as trade secrets litigation. • Federal EEO Compliance — Our clients have also included federal contractors subject to periodic audits for compliance with federal EEO regulations, disability laws, and wage - hour standards. We have extensive experience in assisting clients responding to Department of Labor investigations and in developing affirmative action plans. In addition, we have handled significant compliance audits and related investigations for clients in the construction industry. Our employment practice group also counsels clients in employment matters across the United States, London, France and Germany, and has and does litigate numerous employment cases in the Northern, Middle and Southern District Federal Courts in Florida, as well as in Florida's State Courts and the Florida Division of Administrative Hearings. We have handled cases in Florida from the Fourth Judicial Circuit (Duval County / Jacksonville) all the way to the Sixteenth Judicial Circuit (Monroe County / Key West). We have tried all types of employment and civil rights issues including but not limited to: discrimination cases, wage -and -hour cases, wrongful termination, harassment and reverse discrimination cases. Our partners and associates handle cases from the pre -suit stage all the way through trial in both the Federal Courts and State Courts. Additionally, we have handled a number of appeals following jury verdict, including appeals before each of the Florida District Courts of Appeal, the Supreme Court of Florida, and the Federal Eleventh Circuit Court of Appeals. The attorneys in the Labor and Employment Division also routinely draft and update Policy and Procedure Manuals for private and public corporations, including updates as to current laws and regulations and provide the in-house training to all management and staff in procedural applications thereof. APPELLATE PRACTICE Lydecker I Diaz's highly skilled Appellate Practice Division regularly handles appeals in the various Florida District Courts of Appeal, the Florida Supreme Court, and the Eleventh Circuit Court of Appeals. Our Appellate Practice group provides a full range of service in state, federal, and administrative cases. The Firm handles numerous high -stakes appeals, issues of first impression, cases with industry -wide significance, and multi -party suits. ATTORNEYS AT LAW WORKER'S COMPENSATION PRACTICE GROUP Emanuel Galimidi, Esq., oversees our firm's Worker's Compensation Practice Group. Dannelle Fleites Esq is the Senior Associate assigned to the Division with Diana Beaz, Esq. and Brett Yonon, Esq. as the group's Associates. Mr. Galimidi has actively practiced in both Federal and State Courts as well as heavily in within the Office of Judicial Compensation Claims. In addition to his vast experience in litigating and defending employers and carriers in this arena, Mr. Galimidi also consistently counsels clients with the implementation of preventative measures to remediate deficiencies in the claims -handling process so as to protect and limit a client's potential exposure. Our Worker's Compensation Practice Group has represented numerous carriers and private entities such as FFVA Mutual Insurance Co, State of Florida Department of Financial Services, F.A. Richard & Associates and American International Group, Winn -Dixie Grocery Stores, Piccadilly Restaurants LLC and many others in claims, and any resulting litigation throughout the State of Florida. Our Firm's Worker's Compensation Practice Group covers the entire spectrum of the defense of worker's compensation claims from investigating suspicious or fraudulent claims to the evaluation of subrogation claims. In addition to representing numerous carries in their workers' compensation claims, the Firm has also had significant experience in representing and working with municipalities toward the resolution of such claims. For example, the Firm has represented and resolved numerous claims for the Broward County School Board, South Broward Hospital District, City of Sunny Isles, City of Bal Harbour, City of Dania Beach,. and Florida City. As part of its value-added services, the Firm also routinely works hand -in -hand with clients in the avoidance of claims, identification of problem areas, and the implementation of measures to limit overall exposure. The Firm has developed a comprehensive Continuing Education seminar for claims professionals, which provides an update on numerous developments of the law, as well as CE credit. We trust that our qualifications meet with your approval, and we welcome the opportunity to work with you. Should you have any questions concerning our qualifications, or any other matter, please do not hesitate to contact me personally at any time. I look forward to speaking with you soon. Sincerely, /s/ &healcZ Zgicleciee Richard J. Lydecker ATTORNEYS AT LAW GOVERNMENT LIABILITY DEFENSE GROUP Below are a few of the members of the government liability defense group. The Firm has a number of attorneys in this division involved in cases across the State on behalf of both federal, state, and local employees and agencies. Onier Llopiz of ,lydeckerdiaz.com Mr. Llopiz is a Partner at the Firm's Miami, Florida, office, focusing his practice on the areas government liability, civil rights litigation, constitutional law, professional malpractice, complex commercial litigation, and appellate advocacy. Mr. Llopiz currently chairs the Firm's Public Entity Practice Group and the Professional Liability Division. During his years of practice, Mr. Llopiz has maintained a high degree of professionalism, while securing notable accomplishments on behalf of his clients. Mr. Llopiz has considerable experience defending government liability claims, and manages the Firm's government liability division. In his practice, Mr. Llopiz routinely represents municipalities, state agencies, state universities, state attorneys, special taxing districts, water management districts, school boards and districts, and public officials and officers. Mr. Llopiz has successfully defended numerous Federal and State parties against such actions involving issues of sovereign immunity, qualified immunity, 1 lth Amendment immunity, federal state action doctrines, 1983 actions, Bivens actions, wrongful death claims, municipal code violations, public decency laws, Chapter 119 violations, sexual harassment, sex 'discrimination, retaliation, Title VII, Title IX, Federal and State whistleblower violations, fraud, and a battery of common law torts. Mr. Llopiz graduated With Honors from the University of Miami in 1999, earning Bachelor of Arts degrees in Economics, Psychology, and Political Science. Subsequently, Mr. Llopiz graduated from the University of Miami with a Juris Doctor, Cum Laude in 2002. Mr. Llopiz attended law school on a full -tuition scholarship, and received numerous other distinctions and accolades during law school, including walk-on membership to the International and Comparative Law Review, Dean's Honor Scholarship, Haas Humanitarian Award and Scholarship, Moot Court Finalist, and Who's Who Among American Law Students. He was also twice selected as a Florida Bar Foundation Fellow during law school and his fellowship was twice selected for underwriting by the Florida Lawyer's Legal Insurance Corporation. In addition, Mr. Llopiz served as a Guardian Ad Litem for the Seventeenth Judicial Circuit of Florida, advocating the interests of dependent children. Mr. Llopiz is admitted to practice in all State courts in Florida, the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida, and the United States Court of Appeals for the Eleventh Circuit. He is a member of the American Bar Association, the Florida Bar Association, the Broward County Bar Association, Florida Municipal Attomeys Association, lifetime member of Omicron Delta Kappa National Leadership Honor Society, lifetime member of Psi Chi National Psychology Honor Society, member of the Cuban American Bar Association, and a member of the Dade County Bar Association. In 2009 he was honored by ACQ Finance Magazine for his professional achievements and in 2010 and 2011 published as a Rising Star by Super Lawyers Magazine, ATTORNEYS AT LAW which honors the top 2.5% of attorneys in Florida, and among a few attorneys in Florida to be selected as an Up and Comer by Florida Trend, Legal Elite, Who's Who Among Executives and Professionals, and Strathmore's Who's Who. Mark A. Hendricks mahcOydeckerdiaz.com Mr. Hendricks is the Firm's Managing Partner and maintains an active trial and civil litigation practice in Federal, State and Appellate Courts throughout Florida. As the Firm's Managing Partner with more than two decades of litigation experience, he is actively engaged in the administration and management of the Firm's litigation practice. Mr. Hendricks continues to provide a high level of service and professional expertise to the clients in the course of his practice, which practice area includes complex commercial litigation, constitutional and civil rights litigation, labor and employment litigation and administrative law. Mr. Hendricks has represented officials, officers and various government bodies, which representative clients include private and public educational institutions, public and private corporations, municipal governments, state agencies and political subdivisions, insurance companies and self -insured entities. Mr. Hendricks' trial experience includes Federal, state and appellate proceedings including public procurements and bid protests. Mr. Hendricks graduated from the University of Miami where he earned a B. A. Degree in 1985 in English and psychology and a Juris Doctorate degree in 1988, where he graduated with honors. As an undergraduate, Mr. Hendricks was actively involved and assumed numerous leadership positions in various civil and community organizations. He served as Chairman of the Students Rights Agency, Chairman of the Student Legal Services, Vice President of the Alpha Tau Omega Fraternity, Co -Founder of the College Republicans, member of the Young Republicans of Dade County, of the White House,Advance Team and has held various positions in numerous local and national charitable organizations. In law school, Mr. Hendricks was the winner of the University of Miami Law School's Mock Trial Competition and member of the National Trial Competition Team. He also served as a member of the Inter -American Law Review, member of the Society of Bar & Gavel, Society of Wig and Robe, and was inducted into the school's Moot Court Board. Mr. Hendricks is admitted to practice in all Courts in the State of Florida, before the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida and the United States Eleventh Circuit Court of Appeals. Mr. Hendricks has served as a member of the American Bar Association, the Florida Bar Association, the Broward County Bar Association and the Palm Beach County Bar Association. Mr. Hendricks is an Eagle Scout and serves on the Executive Committee for the South Florida Council, Boy Scouts of America. LYDECKER ( DIAZ ATTORNEYS AT LAW Joan Carlos Wizel jcw@lydeckerdiaz.com Joan Carlos Wizel is a Senior Associate with the Firm, whose practice areas include government and civil rights liability, Constitutional law, and appellate advocacy. Joan Carlos Wizel's practice involves all aspects of federal and state civil trial litigation and appellate practice, with a primary focus on complex business litigation, including business torts and real estate litigation; government liability; constitutional law; and civil rights litigation. He has also represented clients in a variety of other. areas, including, among others, defamation and invasion of privacy, legal malpractice, insurance coverage and defense, and wrongful death. Before joining Lydecker, while completing his legal studies, Joan Carlos served as a judicial intern to The Honorable Raoul G. Cantero, III, former Justice of the Florida Supreme Court, and as a judicial extern to The Honorable Leon M. Firtel, Circuit Court Judge of the Eleventh Judicial Circuit of Florida. Mr. Wizel has been involved in various cases of first impression and matters involving complex issues of law, resulting in leading authorities at both state and federal levels. Some of these representative cases include TheStreet.com, Inc. v. Carroll, 20 So. 3d 947 (Fla. 4th DCA 2009); Crowley Museum and Nature Center, Inc. v. Southwest Florida Water Management Dist., 993 So. 2d 605 (Fla. 2d DCA 2008); Young Apartments, Inc. v. Town of Jupiter, FL, 529 F.3d 1027 (11th Cir. 2008); Leysoto v. Mama Mia I., Inc., 255 F.R.D. 693 (S.D. Fla. 2009); and Berg v. Merchants Ass'n Collection Div., Inc., 586 F. Supp. 2d 1336 (S.D. Fla. 2008). Mr. Wizel graduated from St. Thomas University School of Law with a Juris Doctor Magna Cum Laude, ranking first his class, in 2006. He earned his B.A. in Finance at the University of Puerto Rico, graduating Magna Cum Laude in 2004. His other achievements include Book Awards: Criminal Law, Constitutional Law I, Sales, and Sports Law; Articles Editor, St. Thomas Law Review; Member/Competitor, St. Thomas Moot Court; Research Assistant to Professor Harriet R. Roberts; Tutor of Professional Responsibility; Teacher Assistant of Legal Research and Writing. Mr. Wizel is admitted to practice before the United States Court of Appeals for the Eleventh Circuit, the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida and the Florida Supreme Court. He is also a member of the Florida Bar Association and the American Bar Association. L;YDECKER. ( DIAZ ATTORNEYS AT LAW SCHEDULE OF RECENT INDIVIDUAL AND GOVERNMENT ENTITY CASES • Federal Aviation Administration o Areas of Law: Fifth Amendment Due Process Violations; 1st Amendment Defamation o Bond v. Baggett, et al. • Housing Authority for the City of Miami Beach o Areas of Law: Wrongful Death; negligence o Lisitsyna v. HACMB • State of Florida Department of Corrections o Areas of Law: 42 U.S.C. § 1983; l lth Amendment Immunity; wrongful death; negligence o Rosa Quirch, as Personal Representative of Estate of Sergio Morejon v. Wexford Health Sources, Florida Department of Corrections, DOC, et al. o Urrutia v. Aramark and Florida Department of Corrections • State Attorney's Office, Miami -Dade County, SAO Katherine Fernandez -Rundle, and ASA's o Areas of Law: 42 U.S.C. §1983; 11 th Amendment Immunity; o Santana v. State Attorneys Office, Miami -Dade County, SAO Katherine Fernandez -Rundle, et al. • Miami -Dade County Public Schools Conflict Counsel o Areas of Law: Battery; Negligence o Hernandez v. McKabe • Academica Charter Schools o Areas of Law: Negligence; Negligent Supervision o Bosmenier v. Mater Academy o Garcia v. Mater Academy • City of Sunny Isles Beach o Areas of Law: police officer liability, 42 U.S.C. § 1983, wrongful death; liability for naturally -occurring disasters; negligence; sovereign immunity; statutory immunity; Age Discrimination Employment Act (ADEA) 29 U.S.C. §623(a)(1). o Dantes v. City of Sunny Isles Beach o Charlot v. City of Sunny Isles Beach o Andalcio v. City of Sunny Isles Beach and Lee Athanasiou o Estrada v City of Sunny Isles Beach o Lopez v City of Sunny Isles o Alfaro v City of Sunny Isles o Meyerson v City of Sunny Isles o Palmer v City of Sunny Isles o Velasquez v. City of Florida City LYDEC-K.ER L DIAZ ATTORNEYS AT LAW • City of Marco Island (police officer representation) o Areas of Law: 42 U.S.C. § 1983; false arrest; malicious prosecution; negligence; wrongful death o O'Donnell v. Officer John Derrig o McMillin v City of Marco Island o Stoye v City of Marco Island o Heft v City of Marco Island o Anderson v. City of Marco Island • Town of Davie o Areas of Law: excessive force; false arrest; municipal liens; Florida constitutional law; violations of the Florida Civil Rights Act ("FCRA") and Title VII of the Civil Rights Act of 1964, as amended ("Title VII") o Parkhurst v Town of Davie o Etimement, LLC v. Town of Davie o Gori v. Town of Davie o Ahlquist v. Town of Davie and Jonathan Sanders o DiBenedetto v. Town of Davie and Robert Janzer o Moye v Town of Davie o Perez v Town of Davie o Mize v Town of Davie o Ehlers v Town of Davie o Gori v Town of Davie o Necolettos v Town of Davie o Jones v Town of Davie o Cross v Town of Davie o Curci v Town of Davie o Davis v Town of Davie o Lawson v Town of Davie o Rotger v Town of Davie o Madigan v Town of Davie o Santana v Town of Davie o Pasko v Town of Davie o Quinones v Town of Davie o Stokoe v Town of Davie • City of Flagler Beach (police officer representation) o Areas. of Law: false arrest o Iaccarino v. City of Flagler Beach & Officer Nathaniel Juratovac o Tanner v. City of Flagler Beach & Officer Nathaniel Juratovac • City of Venice o Areas of Law: injunctive relief; police officer bill of rights violations; o Adams v. City of Venice • Town of Highland Beach (police officer representation) o Areas of Law: Defamation; First Amendment Rights. o De Vito v. Town of Highland Beach & Sgt. Reiger LYDECKER ATTORNEYS AT LAW o Maorino v. Town of Highland Beach & Sgt. Reiger • Town of Palm Beach (police officer representation) o Areas of Law: 42 U.S.C. § 1983; false arrest; malicious prosecution o Payeur-Schank v. Town of Palm Beach, Officer Frank Malec, & Officer Lorie Minot • City of Palm Beach Gardens (police officer representation) o Areas of Law: 42 U.S.C. § 1983; false arrest; malicious prosecution Zumwalt v. City of Palm Beach Gardens & Officer Ronald Council • Town of Jupiter o Areas of Law: Constitutional Law, 41 U.S.C. § 1983; 42 U.S.C. § 1983: False Arrest, Detention and Malicious Prosecution o Weston v. Town of Jupiter, Andrew Lukasik, Robert Lecky, & Frank Melillo o Young Apartments, inc. v. Town of Jupiter, Andrew Lukasik, & Robert Lecky, o Andres v. Town of Jupiter o Holzer v Scopelitis • City of Dania Beach o Areas of Law: constitutional law; First Amendment Rights; public decency laws; race discrimination o Barron v. City of Dania Beach o Stirling Center v. A XAdult Video and City of Dania Beach o Russo Associates v. City of Dania Beach • Indian Trail Improvement District o Areas of Law: Florida in the Sunshine Act / Violations; injunctive relief; wrongful termination; o Blackman v. Indian Trail Improvement District, Myra Orlando, Chris Karch, & Penny Riccio • Town of Miami Lakes o Areas of Law: General negligence o Horta v Town of Miami Lakes • City of Coconut Creek o Areas of Law: Police officer misconduct; administrative due process arbitration; employment discrimination under FCRA and Title VII: under 42 USC §2000e-3, discrimination in hiring practices and promotions under Fla. Stat. § 760.01; Florida Whistleblower Act ("FWA"); violation of civil rights under 42 U.S.C. § 1983 o Musumeci v City of Coconut Creek o Wilkes v City of Coconut Creek o Harrison v City of Coconut Creek o Cuddeback v City of Coconut Creek • Clay County o Areas of Law: Negligence; Trespass o Ryan v. Clay County o Alcot v. Clay County Attachments Asset Management Platform ASSET MANAGEMENT PLATFORM Property Risk Management As an organization, being exposed to a variety of risks is inevitable — being prepared in the event of a risk occurrence is critical. When it comes to managing property data for your organization or risk pool, the AMP Property Risk Management module from AssetWorks offers an innovative approach to risk management. By maintaining data about buildings and structures, property -in -the -open, fixed assets, licensed vehicles, and secondary C.O.P.E. characteristics, in a single, comprehensive database, AMP can help bridge the gap between valuation results and valuation management. AMP offers a convenient, efficient, and secure method of tracking and reporting data used for: • Loss control • Proof -of -loss documentation • Catastrophe modeling • Annual updating of values • Property marketing and placement ("AMP With various levels of user access, approval processes, and a complete audit trail, AMP users can be confident in the integrity of their data. Data conversion capabilities for catastrophe modeling, reports for proof -of -loss documentation in the event of a catastrophe, and a simplified insurance renewal process make AMP the clear choice for property risk management. PROPERTY RISK MANAGEMENT HIGHLIGHTS: Fogerty Tracking unctionality to track multiple individual organizations under one entity. Includes the tracking of primary and secondary COPE data and processes for updating new property and property disposal. "Valuation Management Includes data trending capabilities using trend factors and a value approva( process to facilitate the updating of property values. An r msurable values enchmark tool allows users to see differences in proposed insurable values in relation to current insurable values. ynamic„Reporting Tool andard reports are'accessible in batch mode and can be filtered by search parameters Includes reports to assist with data conversion or catastrophe modeling, proof -of -loss documentation, and the insurance renewal process. • :System and Data Security Various levels of user access defined at the entity, organization, site 'and building level as well as approval processes and a complete . auditable history ensure the integrity of data being tracked. ata Exchange sset and table data to be imported/exported in comma- delimi.d (CSV) and text formats oc iment/Image Repository Management khe ability to assign forms, docurnents, and image files to divd "f`, operties and assets t iftr rye diy Interface Work Desk". capability allows statistics, reports and other visual tools to be attached toithe home screen while an unlimited number of user defined fields allows users to track additional data elements. • rt A JeCatY,A. I 1e. ASSET MANAGEMENT PLATFORM LANA nn ye. pinny Melell BENEFITS •:.Streamline data communication processes and simplify the renewal process by maintaining all information in one sophisticated database, accessible by everyone in real-time. • Increase. efficiency with automated workflow processes for •.adding new properties, modifying existingproperty schedules, and removing entries from current property: schedules. • 'Save time preparing reports for data mapping for catastrophe • • modeling, proof -of -loss documentation, and the insurance renewal process. • Rest assured that data is secure and accurate as a result of various levels of user access, approval processes,:and a corplete • audit trail Experience greater leverage in the insurance market with respect to coverage and premiums as a result of submitting accurate data and a detailed risk model • Reduced learning curve as aresult of user friendly design and intuitive workflows: Attachments Property Modeling Report and Analysis Renewal 2012-13 Insurance Placement Overview Peachtree Special Risk Brokers, LLC Renewal 2012-13 1 Breakdown of Real Property TIV by City BOCA GRANDE $5,469,946 BOKEELIi ,233721 BONITA SPRINGS $6,809,774 CAPE`CORAL 33,489,39; CAPTIVA $864,508 CLEWISTON 219 EAST FORT MYERS $1,969,956 ESTER 8,613,57 FELDA $2,550,000 FORT MYERS 649,991;62! FORT MYERS BEACH $37,324,868 LABEL 9219 LEHIGH ACRES $27,322,646 NORTH FORT MY.EF 4,7903` Sanibel $11,297,061 ST JAM ES;CIT` ,26468 VARIOUS $2,795,000 TOTA 71348'36 Peachtree Special Risk Brokers, LLC Renewal 2012-13 Ten Largest Buildings by TIV $99;175,480 Fire Resistive $44,169,256 ; , Fire Resistive .. ire Resistive Peachtree Specia► Risk Brokers, LLC Renewal 2012-13 Construction By County $400,000,000 $350,000,000 $300,000,000 $250,000,000 $200,000,000 $150,000,000 $100,000,000 $50,000,000 Z9 Unclassified Fire Resistive $391,983,250 $18,530,000 Peachtree Special Risk Brokers, LLC Frame $50,000 $32,937,820 $2,543,682 Joisted Masonry $63,733,779 Modified Fire Resistive $19,997,850 Masonry Non - Combustible $268,452,472 Non - Combustible $1,513,884 $54,300,453 Unknown $2,830,000.00 $13,475,178.00 $1,000,000.00 Renewal 2012-13 Stratification of Flood Zones for Real Property Flood Zone A $ 1,928,728 A7 $ 921,942 AE $ 192,978,599 C $ 921,942 VE $ 3,267,717 X $ 475,772,836 X500 $ 63,046,578 Unclassified $ 132,510,026 • A • A7 AE ▪ C =EVE • X X5OO Unclassified Peachtree Special Risk Brokers, LLC Renewal 2012-13 AIR Model Results Ground -Up AIR Loss Results 8/17/2012Aggregate with Storm Surge RETURN PERIODS Avg Annual Loss S d Deviation EV SD 2 Year 5 Year 100 Year 250 Year 500 Year 1000 Year 5% PE 2% PE 1% PE 0.4% PE 0.2% PE 0.1% PE ��,.w..r��:��«� TOTAREOSS S.FOR PORTFou 6 \4 9;8 @7Gj 26 /$3446 @4 q6 j$1U88350 22:58 $8 Top Drivers of Loss by Location 5 0/70 3 17,97 037 32ƒ 951 7152 2 \ ©w m 8 .2 \4 / 32 fi 0 3 8 65 2p$pq 485 24;2.18 ƒ)§ .. � . 66 7 .0 + 851 510'091 98/ ,495,597 1;66 3;7 /0 I 1 6 4 § 6 /6 4 %9 78413 7;1 Peachtree Special Risk Brokers, LLC Renewal 2012-13 Expiring 2011-12 Prograrn Structure 100MM X-NS/F/Q 50MM X-SFHA 25MM 15MM The layer of $25MM excess of $25MM excludes Special Flood Hazard Area flood coverage. The layer of $50MM excess of $50MM excludes all flood, earthquake and Named Storm wind hail. Peachtree Special Risk Brokers, LLC Renewal 201213 Loss Summary 1999-2000 2000 2 01 n urge 2 % 22 $163,793 cci.Verte n ura n n/a n/a Qdisclosed : 2001 20 2 $78,192 Q h disclose 2 0 003 200 0 \ 2 0 00 2004' 605, 200512006 200 \2 06 206612007 200T2608 2008 2009 2 .=v... 0 -20 0 20 2 ƒ\ 32 \ \und§co e - w \ 1 j1\} 3 \k \ 7e e ved cure i Peachtree Special Risk Brokers, LLC ,.,....m...az�. /1 / H d(ane 0240 raeW/ma 17 08h$ic§p e /r s $p |§be le a . w,. .,.. t r ken W)e \ ......: u hdisc bsed .. � ...... ....>. NS W/ AORbkd ( ) �._. .._. $ \gAOP2%(mom \Oq§o \ 75q W j& N/Fb)d,$7 k min. $IM M H\°}mk $7 kAOP5 /m 1M M)NS&S RAFoo 10 A.Og66� >zdFHAa az>..,. excludmaa.. \ \ ») \ SFHA Hob $ \kA&P\°���. .... �_._..va: » / (m $1 q M}AS & §FHA H §d $MM/N&SHAFod $k\RF6o� 0 RA//\/d $ /5k AOP 5 ) min $1 M M)NS & SFHAFbbd 100K AO Oo d Renewal 2012-13 Historical Placement Summary Peachtree Special Risk Brokers, LLC Attachments Workers' Compensation Experience Modification Analysis ModMaster TAKE.:CQNT.ROL O.F YOUR WORK CQ P _COSTS • WITH E'XPE-RIE:NCE MOD ANALYSIS Realize your company s full potential for cost savings with a complete mod analysis by PRIA. We can help you better understand your mod rating and determine just how much you could be saving on your work comp premiums. Using your loss history information we can work together to create a targeted Toss control program to decrease your total costs. Combined Mod and ARAP Impact on Premium :ter Cash in on your most powerful cost saving tool - the mod. RE-EVALUATE YOUR GOALS Remember, a mod score of 1.0 is only average — the equivalent of a "C" on a report card. Don't be satisfied with average. Target your cost centers, reduce your mod and achieve your best with loss control. DISCOVER COST -DRIVERS We expose problem areas and understand the full impact of the mod. We examine loss trends to better understand why your losses happen and how to prevent them. From there we can help you explore and act on opportunities for improvement. ISOLATE AND IMPLEMENT By refining our focus, we can develop powerful, customized loss control solutions. We make the most of strategic cost -saving opportunities to improve your work comp program and decrease your costs, STAY AHEAD OF THE CURVE Mod analysis can better prepare you for the future. Increase the accuracy of your cost allocation and risk management decisions. Know what to expect by forecasting for future concerns, like changes in payroll or loss trends. CaII PRIA to learn more today! © 2010-2011 Zyvvave, Inc. All rights reserved. Attachments Brown & Brown Annual Report - 2011 !eved;ourintermediate;goal!=$1 billign'.in total revenues! WE NEVER STOP... BROWN & BROWN, INC. 2011 ANNUAL REPORT