2007-05-17 BOD MeetingPUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
CONSENT AGENDA SUMMARY
1. Request Approval of March 9, 2007 Board Meeting Minutes
Board Meeting Minutes Attached
2. Request Approval of Treasurer's Report as of March 31, 2007
Financial Reports Attached
Bo rd Action:
Approved
Denied
Deferred
Other
1. BOARD MEETING MINUTES
3/9/07
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
Terrace Hotel, Lakeland, FL
March 9, 2007
MINUTES
Attendees: Kathy Bennett, City of Avon Park; Susan Lee; Town of Belleair; Vivian
Hunter, City of Belle Glade; Steve Baumgartner, City of Brooksville; Ted Byrd, City of
Clewiston; Linda Stilson, City of Crystal River; Faith Miller, City of Deltona; Paul
Erickson, DeSoto County BOCC; Mike Sheppard, City of Eustis; Mary Ann Dotson,
Glades County BOCC; Jennifer Valdes, City of Gulfport; Jane Long, Hardee County
BOCC; Ricky Helms, Highlands County BOCC; Martin Schless, City of Indian Rocks
Beach; Nancy Beelman, Town of Kenneth City; Michael Boyle, City of LaBelle; Marcel
Blais, Town of Lady Lake, John Litton, City of Lake Mary; Robert Zega, Lee County Port
Authority; Fred Moody, Levy County BOCC; Jane O'Connor, Town of Longboat Key;
Carol Rogers, City of Longwood; Jeff Sutton, City of New Port Richey; Steve Gailbreath,
City of North Port; Robbie Chartier, Okeechobee County BOCC; Connie Collins, City of
Oviedo; Shirley Dresch, City of Port Richey; Martin Lange, Sarasota /Manatee Airport
Authority; Mike Eastman, City of Sebring; Ron Graydon, South Forida Conservancy;
James Graham, City of South Pasadena; Gary Behnke, City of St. Pete Beach; Crissy
Bublitz, City of Tavares; James Braddock, City of Wauchula; Frank Gilbert, City of
Winter Garden; Sharry Boldt, City of Zephyrhills
Mark Lapp attended the meeting as a non - voting representative from Hendry County.
Absent: City of Fort Meade, Hamilton County BOCC, Holmes County BOCC, Town of
Lake Placid, City of Lake Wales, City of Moore Haven, City of Okeechobee, City of
Pahokee, City of Punta Gorda, City of Safety Harbor, Sun 'n Lake of Sebring
Improvement District, City of Temple Terrace
Chairperson John Litton convened the meeting at 10:08 a.m. with a quorum present.
Consent Agenda
1. Request Approval of December 8, 2006 Board Meeting Minutes.
2. Request Approval of Treasurer's Report as of December 31, 2006.
Motion was made by Nancy Beelman and seconded by Mike Boyle to approve the
consent agenda. The motion was unanimously approved.
Regular Agenda
3. Election of Vice Chairperson — Prior to the meeting, Bob Zega, Carol Rogers,
and Jeff Sutton, indicated their willingness to serve as Vice Chairperson. No
other nominations were received from the floor. By a show of hands,
Mr. Sutton was elected Vice Chairperson for the remainder of the term that
expires 10 -1 -07. Self- nominations from the floor were taken to fill
Mr. Sutton's vacancy as North Representative, term to expire 10 -1 -07.
Ms. Rogers and Jennifer Valdes expressed interest in the position. By a
show of hands, Ms. Valdes was elected North Representative.
4. Executive Director's Report
A. Status on Hurricane Claims — Mr. Furry advised that 73 claims remain
open from Hurricane Charley with $38 million paid to date and $43.8
million in reserves. Forty -eight (48) claims remain open from Wilma
with $10.6 million paid to date and $19 million in reserves. An issue
involving the City of Lake Wales airport has been resolved. An
independent company operating the airport attempted to claim
membership under PRM for payment on their hurricane losses. Their
lawsuit was denied.
B. National PRIMA Conference Scholarships — National PRIMA
Conference will be held in Boston from June 10 -13, 2007. PRM
scholarship deadline was March 9th
C. Review of Member Premiums Due 10/1/07- 3/31/08 & Acknowledgment
of Balance Due from Members — To assist members with payment of
premium for the 18 -month renewal, funds were supplied from surplus
to cover the period from 10/1/07 to 3/31/08. Those members who
have not yet returned the acknowledgment letter to repay PRM were
requested to do so.
CBIZ will be contacting members due for property appraisals in the next
two weeks to schedule the on -site appraisal.
Mr. Furry thanked the Town of Lady Lake for their outstanding efforts in
hosting the third Police Liability Seminar this year.
5. Broker's Report
Mr. Butterfield introduced his staff on the PRM account including new
additions, Michele Montgomery and Lora Bruce.
A. Open Underwriting Issues — The broker provided an update on
outstanding items:
Dams — Information for five members having dams or flood control
structures was provided to Munich Re, who may further request
inspection reports.
15- Passenger Vans — Fourteen members have 26 vans with 2 used
only for cargo. A complete binder of information, provided by Rob
Ross, was submitted to the carrier and there are no issues
remaining on this item.
2
Sexual Abuse Policy — Munich Re approved the policy but the
broker needs to verify that all members are following the guidelines.
In addition, those members having Parks & Recreation
Departments and /or Day Care Centers need to perform background
checks on all employees.
Any vehicle 45,000 lbs. or more is excluded. Members having such
vehicles must advise the broker of their utilization to have the
vehicles classified as non - commercial.
B. Additional Property Coverage for Named Windstorm — The broker
advised that the property marketplace has stabilized somewhat and
additional capacity is available. Since 10/1/06, windstorm coverage is
$100 million. An additional $25 million of named windstorm coverage,
which is excess of the current $100 million limit of liability, has been
offered to the Pool at a premium of $1 million.
C. Extension of Current Excess Property Coverage from 10/1/07 to 4/1/08
— The broker investigated options in order to get the excess property
coverage to 4/1/08 for renewal with all other lines of coverage.
Because the marketplace has not significantly changed since 10/1/06,
the current property carriers did not support cancelling and rewriting
coverage from 4/1/07 to 4/1/08. However, carriers are willing to
provide a 6 -month extension to the program from 10/1/07 to 4/1/08
with a 10% rate credit at a premium of $5,781,897. This year the State
has assessed a Florida Hurricane Catastrophe Fund fee of 1%.
The average commission for Arthur J. Gallagher on the excess
property program is 9.5 %. If PRM decides to accept the extension
option, Mr. Butterfield has agreed to lower the broker's commission
rate to 7% on the extension, returning $150,000 to PRM through a
compensation agreement. Mr. Butterfield has also requested a
commission reduction from the wholesale distributor, CRC, resulting in
a potential return of $110,000 to PRM.
D. Educational Conference Update — Candace Koester advised the
conference will be held May 16 -18 at the Hilton Beach Resort on
Marco Island. Any members wishing to share their risk management
or safety programs were asked to contact her.
The Chairman asked Glenn Tobey, Insurance Advisor, to comment on the
broker's property proposal. Mr. Tobey advised that, in theory, this was exactly
what everyone has been trying to accomplish — trying to bind insurance coverage
prior to hurricane season to obtain more attractive rates going forward. However,
he still has questions concerning the coverage from the property carriers. Mr.
Tobey performed an analysis of the availability of policies on January 27th, which
was reviewed by the broker who then supplied recommendations to the
Executive Director and the Board of Directors. One of the major reasons
prohibiting the cancel /rewrite option is because the policies are all on short rate
3
penalties. They are not pro -rata. The whole objective was to get it on pro -rata
so there would not be a problem if a decision was made to cancel /rewrite. The
broker has corresponded with CRC and RPS to amend the short rate penalty
clauses. If a decision was made today, the extension of policies would be the
only option available. Mr. Tobey advised he has not personally received
anything from the insurance companies. He is concerned about the 110%
margin clause which all the policies appear to have, although in many of the
policies it is not mentioned. The CRC and RPS "Excess Physical Damage Form"
document contains the 110% margin clause. None of the policies from the
insurance companies indicate acceptance of the Excess Physical Damage Form
within their policy. If this is a document that needs to be in the policy, an
endorsement is needed from the insurance company. The 110% margin clause
could be detrimental in the event of a loss, especially when talking about the
current insurance values. If the carriers are extending the policy until 4/1/08, Mr.
Tobey questions whether they are accepting today's current values. Additionally,
CBIZ performed on -site appraisals last year for three members and their values
increased 20 -28% over reported amounts. Another question involves State
assessments. Since the policy is being extended and thel % Florida Hurricane
Catastrophe Fund was enacted for 2007, it was queried if the 6.84% Citizens
Assessment Fee from 2006 would also be assessed. Until satisfactory
information is received from the carriers, Mr. Tobey recommended the Board
delay making a decision and to vote on the extension of excess property
coverage at the May meeting. Mr. Tobey also recommended a stand -alone
program for PRM with a property line slip.
Responding to the Insurance Advisor's concerns, Mr. Butterfield indicated the
pro -rata versus short rate was not an issue and said it had nothing to do with the
cancel and rewrite. With regard to the State assessments, the broker advised
the extension covers 2007 to 2008 and since there is no Citizens Assessment for
2007, he is not concerned about this fee on the extension. The broker confirmed
that the carriers agreed to binding coverage effective on 4/1/07 or 6/1/07. The
broker advised that the Excess Physical Damage Form was in all the policies at
which point the Executive Director queried why there was not an endorsement on
the policies to indicate that the carriers recognized the form and requested that
an endorsement be obtained for each policy. Mr. Butterfield agreed to get CRC's
Excess Physical Damage Form endorsed to the policies.
The Executive Director is concerned with the margin clause since the last
schedule of values reported to the underwriters in 2006 totaled $1.5 billion and
this year's trended report increased property values to $1.6 billion. The broker
advised that a revised statement of values may be submitted to the underwriters
at any time, but to then expect an increase in premium. With regards to those
members who have had on -site appraisals performed after submission of values
to underwriters, in the event of a loss, the broker indicated carriers would
definitely adjust claims based on the statement of values that is on file.
The Executive Director advised that surplus funds were available if members
desired to use as an advance for payment of the property extension premium.
Mr. Boyle stated an extension is needed to reflect the true statement of values.
4
Mr. Boyle made a motion to postpone voting on extension of current excess
property coverage from 10/1/07 to 4/1/08 until the May Board Meeting. Robbie
Chartier seconded the motion and it was unanimously approved.
6. Chairman's Item
A. Member Discussion of Request for Qualification for Brokers Services
Based on information provided to members from the Executive
Director, Frank Gilbert made a motion to remove from the table his
original motion made at the December Board Meeting. Jane O'Connor
seconded the motion. Mr. Roper read the original motion and
discussion followed. Carol Rogers called for the question and it was
seconded. The motion was approved by show of hands with two
opposed.
Ms. O'Connor made a motion to discuss the termination of Arthur J.
Gallagher's Brokerage Agreement. Mr. Gilbert seconded the motion
and it was unanimously approved. Bruce St. Denis, Town Manager
from Longboat Key, stated his dissatisfaction with the broker's
continual delay in responding to issues for their Commissioner.
Mr. Gilbert made a motion to provide Arthur J. Gallagher 90 -day written
notice terminating their brokerage service agreement. Ms. O'Connor
seconded the motion.
Mr. Roper distributed copies of a lawsuit brought against Mr. Tobey by
A. J. Gallagher in which PRM is the subject matter of the litigation.
Following the December Board Meeting, Mr. Tobey was directed to
"cease and desist" serving as PRM's Insurance Advisor since A. J.
Gallagher revoked the limited exception of their non - compete clause.
Mr. Roper pointed out that PRM was never advised of this revocation,
and in fact, in January, Mr. Butterfield assured the Chairman and the
Executive Director that Mr. Tobey would not be hindered from
accessing the property market on behalf of PRM. Mr. Roper advised
that PRM is at risk because the broker's attomey has requested the
court to enter a preliminary injunction and then a 2 -year injunction
prohibiting Mr. Tobey from having any connection with PRM. A case
management conference on this lawsuit is scheduled for May 15th.
Ms. Chartier called for the question and it was seconded. By show of
hands, the motion was approved with 23 in favor and 5 opposed.
To initiate the process for acquiring a broker, Mr. Litton requested
volunteers to serve on an RFQ (Request for Qualifications) Selection
Committee and those individuals include Mike Boyle, Frank Gilbert,
Robbie Chartier, Carol Rogers, John Litton, as well as Gerald Seeber,
City Manager from Oviedo who was volunteered by their Board
Member Connie Collins. The Committee will be responsible for
soliciting the RFQ, which will include advertising on Demand Star, an
5
on -line database. Mr. Zega suggested that the Committee review
sample RFQ's from AGRIP. Steve Baumgartner made a motion to
accept the process and appointees to the Selection Committee,
empowering them to make the necessary decisions to proceed with the
RFQ, to evaluate the responses and to bring back a recommendation
to the Board for final action at the May 17th meeting. Fred Moody
seconded the motion and it was unanimously approved.
7. Legal Update — Mr. Roper reported on a case before the U. S. Supreme Court
where clarification will be forthcoming on what law enforcement officers can
do on high speed pursuits.
8. Board Member Items
There were no Board Member items.
There was no Public Comment.
Meeting adjourned at 12:00 p.m.
Respectfully submitted,
Judith A. Hearn
Assistant Executive Director
Secretary to PRM Board
JAH:smb
O:Wudy\BD MTGS\Board of Directors Meeting 3 -9 -07
6
2. TREASURER'S REPORT
AS OF 3/31/07
PUBLIC RISK MGMT OF FL
BALANCE SHEET
MARCH 31, 2007
CURRENT ASSETS
PETTY CASH $ 75.00
OPERATING -SO TRUST 35,971,536.08
WACHOVIA SECURITIES -CASH 46,368.01
A/R MEMBERSHIPS 922,487.42
A/R TRADE 93.46
A/R - PRM GR HLTH 136,869.21
A/R CONSULTANT FEE - MEMBERS 8,714.90
A/R- REINSURANCE RECOVERIES (11,347,513.70)
A/R OTHER 2,254.66
A/R -STATE W/C ASSESSMENT (196,609.79)
A/R- APPRAISALS 767.00
A/R - ADDITIONAL INSURANCE 501.21
A/R - SCHOLARSHIP PROGRAM 8,300.00
DUE FROM MEMBERS 1,629,185.00
STATE ADMIN. FUND 13,598,368.30
SOUTHTRUST SECURITIES 495,265.00
TOTAL CURRENT ASSETS 41,276,661.76
PROPERTY AND EQUIPMENT
FURNITURE & FIXTURES 32,847.12
LESS: ACCUM. DEPRECIATION (28,937.41)
OFFICE MACHINES & EQUIPMENT 66,269.25
LESS: ACCUM. DEPRECIATION (33,581.88)
AUTOMOBILE 116,538.79
ACCUMULATED DEPRECIATION (28,240.17)
TOTAL PROPERTY & EQUIPMENT 124,895.70
OTHER ASSETS
PREPAID INSURANCE 13,540,018.67
PREPAID FLOOD INSURANCE 94.49
PREPAID EXPENSES 24,634.79
DEFER MEMBER CONTR - 1987 -89 183,808.00
DEFER MEMBER CONTR- 1989 -90 295,679.00
DEPOSITS 5,665.06
TOTAL OTHER ASSETS 14,049,900.01
TOTAL ASSETS $ 55,451,457.47
LIABILITIES
ACCOUNTS PAYABLE $ (17,353.69)
A/P - GALLAGHER/RISX -FACS (2,619,400.79)
FEDERAL TAXES PAYABLE (40.14)
A/P EMP LIFE INS (414.53)
A/P - OTHER 4,840.49
A/P - LOSS PREVENTION 14,933.73
ACCRUED VACATION 41,121.55
DEFERRED REVENUE 93,542.46
ADVANCE FROM REINSURER 4,914,159.95
CLAIMS PAYABLE - 1987 -89 78,127.26
CLAIMS PAYABLE - 1990 -91 21,867.54
CLAIMS PAYABLE - 1991 -92 5,564.80
CLAIMS PAYABLE - 1992 -93 (34,237.93)
CLAIMS PAYABLE - 1993 -94 47,982.26
CLAIMS PAYABLE - 1994 -95 10,382.30
CLAIMS PAYABLE - 1996/97 31,977.84
CLAIMS PAYABLE - 1997/98 (127,553.96)
CLAIMS PAYABLE - 1998/99 (36,216.62)
CLAIMS PAYABLE - I999/00 (202,394.00)
CLAIMS PAYABLE - 2000/01 (110,536.87)
CLAIMS PAYABLE - 2001/02 (670,479.66)
CLAIMS PAYABLE - 2002/03 1,540,593.20
CLAIMS PAYABLE - 2003/04 (840,170.15)
CLAIMS PAYABLE - 2004/05 3,624,075.91
CLAIMS PAYABLE - 2005/06
CLAIMS PAYABLE - 2006/07
NONCURRENT CLAIMS PAYABLE
SUSPENSE - CLEARING ACCOUNT
TOTAL LIABILITIES
CAPITAL
FUND BALANCE
REVENUE IN EXCESS OF EXPENSE
PUBLIC RISK MGMT OF FL
BALANCE SHEET
MARCH 31, 2007
3,356,495.42
6,272,453.15
(10,529,837.00)
10,529,837.00
25,847,604.32
14,204, 533.63
15,399,319.52
TOTAL CAPITAL 40,052,137.95
TOTAL LIABILITIES & CAPITAL 8 55,451,457.47
SALARY RELATED EXPENSES
OFFICERS' SALARIES
OFFICE SALARIES
PAYROLL TAXES
EMPLOYEE RETIREMENT BENEFITS
HEALTH INSURANCE - OFFICER
HEALTH INSURANCE- OFFICE
LIFE INSURANCE - OFFICER
LIFE INSURANCE- OFFICE
LTD INSURANCE
TOTAL SALARY RELATED EXPENSES
PUBLIC RISK MGMT OF FL
EXPENSES TO BUDGET
FOR THE Six MONTHs ENDING March 31, 2007
MONTHLY MONTHLY Y -T -D Y -T -D TOTAL YEAR
ACTUAL BUDGET ACTUAL BUDGET BUDGET
9,603.88
37,367.16
3,849.56
4,977.62
1,409.09
9,234.90
77.50
160.58
958.05
10,404.17
41,916.42
3,968.67
4,549.42
729.67
9,842.83
74.92
149.33
937.92
67,638.34 72,573.35
62,362.22
251,499.04
23,232.47
37,137.66
8,454.54
55,767.99
465,00
963.48
5,613.79
445,496.19
62,425.02
251,498.52
23,812.02
27,296.52
4,378.02
59,056.98
449.52
895.98
5,627.52
435,440.10
124,850.00
502,997.00
47,624.00
54,593.00
8,756.00
118,114.00
899.00
1,792.00
11,255.00
870,880.00
GENERAL EXPENSES
LEGAL FEES 1,492.00 500.00 5,242.00 3,000.00 6,000.00
LEGAL -PRE- DEFENSE 0.00 416.67 114.75 2,500.02 5,000.00
AUDIT FEES 7,650.00 2,416.67 27,200.00 14,500.02 29,000.00
ACTUARIAL STUDY 0.00 1,166.67 0.00 7,000.02 14,000.00
APPRAISAL FEE EXPENSE 1,375.00 458.33 2,750.00 2,749.98 5,500.00
AUTO EXPENSE 0.00 250.00 1,444.27 1,500.00 3,000.00
TRAVEL EXPENSE 278.40 2,500.00 27,104.87 15,000.00 30,000.00
ASSOCIATION MEMBERSHIPS 172.00 166.67 482.00 1,000.02 2,000.00
DUES & SUBSCRIPTIONS 14,382.00 266.67 15,470.00 1,600.02 3,200.00
EDUCATION/TRAINING /CONFER. 2,951.63 2,500.00 2,969.58 15,000.00 30,000.00
OFFICE LEASE 6,010.67 6,010.75 36,064.02 36,064.50 72,129.00
JANITORIAL / CLEANING 280.00 300.00 1,640.00 1,800.00 3,600.00
OFFICE /COMPUTER EQUIPMENT 0.00 1,500.00 18,774.14 9,000.00 18,000.00
TELEPHONE 1,198.35 2,166.67 9,578.69 13,000.02 26,000.00
COPY MACHINE LEASE 244.65 250.00 1,323.90 1,500.00 3,000.00
REPAIRS & MAINT. - EQUIPMENT 1,162.00 166.67 1,288.00 1,000.02 2,000.00
OFFICE SUPPLIES 919.96 1,166.67 10,328.77 7,000.02 14,000.00
NEWSLETTER 0.00 333.33 832.50 1,999.98 4,000.00
POSTAGE 1,254.50 1,000.00 5,854.49 6,000.00 12,000.00
PRINTING 0.00 166.67 0.00 1,000.02 2,000.00
INSURANCE- FLOOD /GENERAL 0.00 250.00 1,000.00 1,500.00 3,000.00
LOSS PREV EQUIP & SUPPLIES 5,823.14 1,833.33 11,531.51 10,999.98 22,000.00
MARKETING & PROMOTION 0.00 375.00 167.62 2,250.00 4,500.00
MEETING EXPENSE 0.00 2,008.33 4,008.20 12,049.98 24,100.00
MISCELLANEOUS EXPENSE 407.77 208.33 2,282.43 1,249.98 2,500.00
TRAINING /SEMINAR PRESENTATION 0.00 500.00 0.00 3,000.00 6,000.00
WEB SITE MAINT. 0.00 566.67 0.00 3,400.02 6,800.00
TOTAL GENERAL EXPENSES 45,602.07 29,444.10 187,451.74 176,664.60 353,329.00
TOTAL OPERATING EXPENSES 113,240.41 102,017.45 632,947.93 612,104.70 1,224,209.00
REVENUES
MEMBERSHIP ASSESSMENTS
INTEREST INCOME
TOTAL REVENUES
PUBLIC RISK MGMT OF FL
INCOME STATEMENT
FOR THE SIX MONTHS ENDING MARCH 31, 2007
CURRENT MONTH
$ 4,258,749.34
210,729.79
4,469,479.13
YEAR TO DATE
31,449,142.04
1,237,267.56
32,686,409.60
EXPENSES
OFFICERS' SALARIES 9,603.88 62,362.22
OFFICE SALARIES 37,367.16 251,499.04
PAYROLL TAXES 3,849.56 23,232.47
EMPLOYEE RETIREMENT BENEFITS 4,977.62 37,137.66
HEALTH INSURANCE- OFFICER 1,409.09 8,454.54
HEALTH INSURANCE- OFFICE 9,234.90 55,767.99
LIFE INSURANCE- OFFICER 77.50 465.00
LIFE INSURANCE- OFFICE 160.58 963.48
LTD INSURANCE 958.05 5,613.79
LEGAL FEES 1,492.00 5,242.00
LEGAL -PRE- DEFENSE 0.00 114.75
AUDIT FEES 7,650.00 27,200.00
APPRAISAL FEE EXPENSE 1,375.00 2,750.00
AUTO EXPENSE 0,00 1,444.27
TRAVEL EXPENSE 278.40 27,104.87
ASSOCIATION MEMBERSHIPS 172.00 482.00
DUES & SUBSCRIPTIONS 14,382.00 15,470.00
EDUCATION/TRAINING /CONFER. 2,951.63 2,969.58
OFFICE LEASE 6,010.67 36,064.02
JANITORIAL / CLEANING 280.00 1,640.00
OFFICE /COMPUTER EQUIPMENT 0.00 18,774.14
TELEPHONE 1,198.35 9,578.69
COPY MACHINE LEASE 244.65 1,323.90
REPAIRS & MAINT. - EQUIPMENT 1,162.00 1,288.00
OFFICE SUPPLIES 919.96 10,328.77
NEWSLETTER 0.00 832.50
POSTAGE 1,254.50 5,854.49
INSURANCE - FLOOD /GENERAL 0.00 1,000.00
LOSS PREV EQUIP & SUPPLIES 5,823.14 11,531.51
MARKETING & PROMOTION 0.00 167.62
MEETING EXPENSE 0.00 4,008.20
MISCELLANEOUS EXPENSE 407.77 2,282.43
GALLAGHER MGMT FEES 97,579.75 585,478.50
GALLAGHER EXCESS INSURANCE 1,591,074.92 9,546,449.52
CLAIMS EXPENSE 1,250,000.00 7,500,000.00
TOTAL EXPENSES
3,051,895.08 18,264,875.95
REVENUE IN EXCESS OF EXPENSE $ 1,417,584.05 $ 14,421,533.65
..
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
3. RFQ Selection Committee Recommendation John Litton
for Broker Services
See attached recommendation from Selection Committee
for Broker Services.
Board Action:
Approved
Denied
Deferred
Other
L"
PUBLIC RISK MANAGEMENT OF FLORIDA
3434 HANCOCK BRIDGE PKWY, SUITE 203
FORT MYERS, FL 33903
1- 800 -367 -1705
MAIN: 239 - 656 -4666
FAX: 239 -656 -1066
Serving Florida Public Entities
May 2, 2007
TO: Board of Directors of PRM
FROM: Ross Furry, Executive Director
RE: Recommendation of Selection Committee to Appoint
Broker of Record to World Risk Management, LLC
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
On March 21, 2007, PRM and the Board appointed Selection Committee released a Request for
Qualifications (RFQ) for insurance broker services. Serving on the Selection Committee were:
John Litton, PRM Chairman, City of Lake Mary
Robbie Chartier, North Representative to Executive Committee, Okeechobee County
Frank Gilbert, City of Winter Garden
Carol Rogers, City of Longwood
Gerald Seeber, City of Oviedo (unable to attend interviews)
The RFQ was advertised on Onvia DEMANDSTAR, an internet notification service with
national coverage, and the Association of Governmental Pools (AGRIP) website. AGRIP also
notified all of its members and Partner Members (Brokers) in a direct e-mail notice for PRM.
Written responses to the RFQ were due on April 12, 2007. PRM received six (6) responses from
the following:
Alliance — Florida League of Cities
AON Risk Services
Employers Mutual Insurance
Insurance Office of America
Willis
World Risk Management
Board Members
Page 2
May 2, 2007
The written responses were delivered to the Selection Committee and on April 19th each member
independently provided their choice of the top three firms to be invited for an oral presentation
and interview. The top three firms invited to make an oral presentation, be interviewed and
answer questions from the Selection Committee were as follows:
AON Risk Services
Willis
World Risk Management
Each proposer was given an hour to make their presentation, although none utilized the entire
time. A list of questions was developed by the Committee and asked of each firm. Follow up
questions were asked based on the responses given by the representatives of the firms.
Upon conclusion of all interviews and questions, the Chairman asked each of the Selection
Committee members for their overall impressions of the three firms and to rank each firm.
Discussion among the Committee ensued that expanded upon how they reached their conclusion
as who was the most qualified firm to provide broker services for PRM going forward.
The following motion was approved unanimously by the Selection Committee:
"Motion to confirm the ranking of the Committee as (1) World Risk Management,
(2) Willis, and (3) AON, and authorize the Chairman, Executive Director, Legal
Counsel, and Insurance Advisor to negotiate a contract, term as appropriate, with
World Risk Management, LLC, effective June 2007."
It is the unanimous recommendation of the Selection Committee that the Board of Directors
accept the Committee recommendation and appoint World Risk Management, LLC as the broker
of record for Public Risk Management of Florida pursuant to the terms and conditions of the
contract.
Ross D. Furry
Executive Director
RDF:smb
Note: Attached is the verbatim transcript of the Selection Committee discussion and selection of
the broker to be recommended to the Board of Directors for approval.
Oral Interviews for Broker Services — P &C Insurance
4/27/07 — 2:38 pm (Verbatim)
John Litton: I'm going to ask each one of the Selection Committee members to give
me your input feelings. You've been pretty quiet for the most part, and you know that's
extremely important to this process. So, I don't care who goes first. Do you want to go
first, Frank?
Frank Gilbert Sure, I'll step out there. You know, I'll tell you in the end how I've
ranked these firms. But, let me just first say that, you know, I think some of you know
that I was kind of opposed to the sole deal of leaving Arthur J. Gallagher until I really
understood what the problems and issues were.
John: That's one meeting you could have been late for.
Frank: Yeah, I imagine that. Thanks, John. And I was very concerned, you know, with
World Risk Management being brought in at that point because of various issues. And
I've got to tell you, I'm a relationship kind of person and one of the major reasons that I
was concerned about Arthur J. Gallagher no longer being there is because people I
ever heard from, from Arthur J. Gallagher, were Andy Cooper and Sonia. I mean
nobody else ever called and they would call just to ask, How are things going, Is there
that we can do for you, etc. So, I've built that relationship with that broker on that basis.
Never heard from any of their management or anybody else above their level. Now
they have left Arthur J. Gallagher and have gone with World Risk Management. I have
to say that I feel very comfortable with continuing that relationship with them servicing
the account and having knowledge of the account and knowledge of our markets and
everything. You know they don't have a lot of experience other than granted they have
a lot of individual experience they're bringing together collectively to service this account
solely at this point. So in my opinion, I ranked them as World Risk Management, Willis
and AON as 1, 2, and 3.
John: OK. Carol?
Carol Rogers: I felt that you asked the question regarding service because that was
my only concem that they were the folks that were associated with the supposed bad
service. And 1 was glad that they answered it as strongly as they did and I like all the
similar reasons that they understand our program, they're here. We're going to be high
on their priority list. We've got the commitments from them that we did. On the con
side for AON and Willis, I didn't get any comfort out of anything that anybody said. It
seemed like there would be an Internet presence, but that probably was the best we
were going to be able to get. Willis, when they started out, they said they had a Georgia
Municipal with 300 members and ran it with 3 staff. I don't see how you could 3 staff
with 300 members on a Municipal group like that. I didn't understand that part of it.
Ross Furry: It's a broker pool. They run the pool. They are the pool. They just
happen to have an Executive Director if I'm not mistaken who used to work for Willis.
That's how you can do that.
Carol: Oh, 1 didn't understand that. I think they hedged a lot on their questions. I didn't
feel like they had a good understanding even though their RFQ responses were pretty
slick. I didn't really feel like they had an understanding of the issues here and that are
unique to Florida. My ranking is World Risk Management first, AON second, and Willis
third.
John: Robbie.
Robbie: OK. Let me gather all my thoughts.
John: You can stand up.
Robbie: That's all right. They'll come together. 1 concur with what's been said so far
regarding the cons on AON and Willis. Specifically, with AON, there's some things that
really kind of stood out in my mind and 1 wrote some questions along the way and
comments that were made regarding "getting the best out of the market for PRM" was
the comment that Marilynn (Madson) had made and like, how do you do that? It was
never elaborated on. They're making statements without providing us with the exact
knowledge of how you do that. You ask World Risk, how do you do that, and we got a
very detailed explanation of how we were going to get, you know, the best rates in the
market for Public Risk Management. They know what we're looking for. Another
discussion, and this is just AON and Willis has got its own issues on this — the day -to-
date admin, in Chicago. You know, on AON. How is that going to help me here in
Florida, especially with Public Risk Management is a very hands on Pool. 1 mean every
member wants that touchy, feely aspect and AON and Willis cannot provide that. They
don't, although I think Willis may have a better idea of how to handle that with the
Tampa office and Erin (Jennings), I don't see it at all with AON and completely think that
World Risk would be 100% on the account which is what l think our membership is
after. In terms of placing our property between October and April, specific answers right
out of World Risk. The other ones were like it's a long term process, don't just run right
into it. We're already there, we're already committed, and they're not understanding
we're already committed. World Risk knew what we were into. Yes, that's obvious
because they're coming from having just been on the account and have left the other
brokerage firm, I understand. They definitely have an advantage coming into this
process with the knowledge of the Pool. With the question being asked regarding
relationship and service, I think that was very important question to ask because I think
the rest of the members could look back at us and say why World Risk when these are
the same members that just came off [AJG] and you had service issues. And it was
very important to identify who the service issue was with and where their direction was
coming from. I think that World Risk with Michele (Schaare) at the helm will, she'll
insure that we get the kind of service that our members are used to getting in the past
and will continue that way. I ranked them as World Risk, Willis and AON.
2
John: World Risk, Willis, AON?
Robbie: World Risk, Willis, and AON.
Frank: Can I add one other thing?
John: Sure.
Frank: It may convey the same thoughts that Robbie had and thank you for articulating
them so much better than I did.
John: She wasn't even standing up.
Frank: But I also, with AON and Willis, the feeling I almost got was and Robbie said it,
was that they didn't really know how we're structured and that we're already there. It
was almost like I felt like they were kind of looking at us like, gee, we're going to come
in and maybe redo something or redo everything and the way you all aren't doing
things. And we've finally gotten to that comfort level that we think we're doing things the
right way now. I mean so I just had funny feeling that they would be wanting to come in
and restructure, redo, reorganize or whatever, so I was a little uncomfortable with that
too.
John: I felt both AON and Willis were basically offering us a cafeteria and we were
going to select our products over the internet. That's kind of the way I was looking at it.
Because, and I asked that question very specifically, you know, as to how they knew
what they knew about PRM and how they, because i wanted to get their feedback, and I
agree with what you just said. I mean, it's, they didn't have a clue. They really didn't.
And they can tell us all day long that wasn't out there but 9110 of everything we do is
public record.
Frank: They could have researched it.
John: So. 1 mean they could have done a lot better on that. I felt, you know, when we
started this process back in December, I quite frankly did have concerns about the way
we were going about it and did we do, did we give the notice and did we do all,
everything we should. And I can tell you now after listening to this presentation today
by Michele and World Risk Management, Andy, that I'm 100% behind them. I think
AON and Willis, although you know as I've said all along a piece of paper holds still
while you're writing anything on it and that's all they had to go on. And I quite frankly
came in here wondering if any of the three of them were going to be the right one. You
know, that we may have to go back through this process. And I was willing to do that.
But not any more, not after listening to what they had to say today. I'm convinced that
World Risk Management is the choice for PRM going forward. I'm proud to stand up
and say that. i didn't like Willis. I just never got a comfort level with who we were going
to be dealing with. One point person. The point person was out of South Carolina. I
mean that's what he kept saying. And then when we tried to follow up, you know, we
3
kept getting, well you might be able to talk to somebody else. I didn't understand the
PRM branded program either. I wasn't sure what all that meant, I guess that was that
cafeteria.
Robbie: They're leaving the Executive Director out is how I felt. That they were going
to field all the phone calls and wouldn't need this office any more. That's kind of how 1
took that.
Frank: That's where they're going to restructure us.
Robbie: You know, I think our membership is still wanting to focus completely the
Public Risk Management office initially and want direction of who in the organization to
go to at the brokerage firm.
John: That's what I keep saying that PRM is not broken. We are not broken. We just
need change.
Robbie: I thought that was true as well with both. Willis couldn't answer the question,
what do you think about Public Risk Management. AON actually did respond fairly well
that (1) we couldn't get any good information about your program because nobody
would leak it out and, you know, the financials are great. That kind of thing we knew
that.
John: And the other thing really we haven't talked about at all here, but to me is
important and that's the no charge for continued service. Everybody else had a charge.
So my rankings are World Risk Management, AON, and Willis. Willis and AON are
close, but the thing that put Willis number 3 in my mind was that I didn't know who we
would be dealing with. I just couldn't get that comfort level.
Carol: Woodside was like dosey all the way through the presentation. He sort of came
on strong at the end when he was not on the script.
Frank: The Firebaugh?
Carol: No.
Frank: That's his name, Firebaugh.
Carol: I thought he had some good response near the end, but he didn't have enough.
John: And if I have this right, we have a tie for second and third.
Frank: Well, can we recommend that if we don't, aren't able to negotiate a contract
with WRM, that we reconvene and decide on number 2? Do you need to think about
the material some more or does somebody want to switch their position.
4
Carol: They're so close, I don't have a problem switching.
Robbie: It doesn't matter to me.
Robbie: I think Willis, this is just me. I mean Erin is in Tampa and she does do the
day -to -day and that's why I went with Willis because she is here, she is dealing with
Sunshine all the time, she likes that daily contact. She's the one that kind of sold me on
Willis. I do like Embry and James has both offices in both places. That's why I chose
Willis. So I'm not going to move my position.
Carol: I'll go with Willis second. I liked their technical presentation.
John: Well, guess what, then I will too. No, I'll stay put, I still don't know who to call.
Robbie: Call Erin, if you can't get Erin, you get James.
John: It said the single point of contact.
Robbie: Well, Erin answered, but James just didn't back her up.
Ross: He was supposed to be the single point of contact. If he wasn't available, you
could call Erin.
Robbie: I think his e-mail said to contact his team members.
Ross: You're absolutely right. When he responded back, he asked that the PRM office
contact his team members and let them know the details.
Frank: That shows he's good at delegation.
Ross: So's my wife.
Frank: Could we ask the Executive Director to summarize all this as a hand -out for that
meeting instead of having to get up and defend ourselves.
Carol: I think the Chairman.
Robbie: That's who I was going to say.
Frank: I don't care who it is, I mean, just so it's summarized.
John: We'll make sure it gets summarized and out. 1 think now that a motion is in
order to reflect those rankings and the previous direction that we discussed.
Robbie: Motion to confirm the ranking of the Committee as (1) World Risk
Management, (2) Willis, and (3) AON and authorize the Chairman, Executive Director,
5
Legal Counsel, and Insurance Advisor to negotiate a contract with World Risk
Management, LLC, effective June, 2007.
John: Let's hear a second to that motion.
Carol: I second it.
John: For discussion, what would be the normal term of that agreement?
Ross: The RFQ presented it to be an initial one year term. I want to get the brokerage
agreement so that it doesn't interfere with the renewal period /policy year.
John: Would the motion maker and the second consider that as an amendment to
include that in the motion?
Robbie: One year or
John: To get the negotiating
Carol: How about "term as appropriate "?
Robbie: term as appropriate.
John: All right, so we have a motion and a second. Susan, do you have that motion
right there. Would you just read it back so that everybody.
Susan Baron: Motion to confirm the ranking of the Committee as (1) World Risk
Management, (2) Willis, and (3) AON, and authorize the Chairman, Executive Director,
Legal Counsel, and insurance Advisor to negotiate a contract, term as appropriate, with
World Risk Management, LLC, effective June, 2007.
John: Any other discussion? All in favor say Aye.
All Aye.
John: Opposed? [silence] Motion carried.
6
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
4. Executive Director's Report Ross Furry
A. National PRIMA Conference — National PRIMA Conference will be held
June 10 -13 in Boston. Attending will be John Litton, Jeff Sutton, Jennifer
Valdes and Robbie Chartier from the Executive Committee, as well as
the following PRM Scholarship recipients:
Phil Wickstrom, City of Punta Gorda
Jacki Soya, City of Lake Mary
Lisa Smith, City of LaBelle
Linda Stilson, City of Crystal River
Sharry Boldt, City of Zephyrhills
Steve Gailbreath, City of North Port
B. Hurricane Claims Status — Report Attached (4/16/07)
C. Actuarial Report and Financial Statements for FY Ending 9/30/06 — Reports
were distributed to members previously under separate cover.
D. Review of Member Premiums Due 10/1/07- 3/31/08 & Acknowledgment of
Balance Due from Members — In the December Board Meeting packet, each
member received a document showing monies advanced for them from
surplus through 3/1/08. Each member was also requested to sign an
acknowledgment letter for the monies due 10/1/07. Attached is an updated
list of those members who have not executed their acknowledgment letter for
the advance of premiums. Those members are requested to execute the
attached letter acknowledging the member's monies due and return to the
PRM office.
E. Status of On -Site Property Appraisals — See attached.
4.B. HURRICANE CLAIMS STATUS
Charley 08 -13 -04 Frances 09 -05 -04 Ivan 09 -15-04 Jeanne 09 -26 -04 Wilma 10 -24 -05 Totals
Total Claims 1004 97 2 151 433 1687
Claims Closed 956 96 2 114 403 1571
Claims Open 48 1 0 37 30 116
Payments 38,738,891.69 379,185.00 342.93 6,001,618.21 11,695,861.26 56,815,899.09
Total Experience 43,965,514.69 379,685.10 342.93 7,319,386.87 19,023,985.31 70,688,914.90
PRM - Hurricane Charley D/L 08 -13 -04
Member
Total Claims
# Open
# Closed
Pa ments
Total Experience
Remaining Reserves
Building Values Affected
Deductibles
City of Cape Coral
233
0
233
1,344,589.74
1,344,589.74
0.00
144,738,280
2,894,763
Desoto County
67
6
61
9,302,836.37
13,669,989.86
4,367,153.49
36,724,360
734,488
Hendry County
1
0
1
0.00
0.00
0.00
235,400
4,708
City of North Port
16
0
16
1,573.11
1,573.11
0.00
8,974,470
179,487
Lee County Port Authority
10
0
10
1,265.00
1,265.00
0.00
71,930,700
1,438,614
City of Punta Gorda
198
36
162
4,419,459.51
5,183,509.09
764,049.58
37,751,716
755,036
Hardee County
100
0
100
7,382,137.21
7,382,137.21
0.00
45,215,077
904,507
City of Sebring
25
0
25
1,416,557.88
1,416,557.88
0.00
34,792,479
695,853
City of Wauchula
74
0
74
3,720,688.12
3,720,688.12
0.00
11,694,100
233,882
City of Avon Park
22
1
21
1,241,598.21
1,289,200.21
47,602.00
9,902,521
198,051
City of Fort Meade
50
0
50
1,457,990.85
1,457,990.85
0.00
12,683,375
251,668
City of Winter Garden
5
0
5
0.00
0.00
0.00
2,295,968
45,920
Public Risk Management
2
0
2
8,330.58
8,330.58
0.00
202,000
4,040
Highlands County
40
0
40
402,019.72
402,019.72
0.00
30,010,500
600,210
City of Lake Wales
91
4
87
7,646,157.65
7,688,975.58
42,817.93
39,696,260
793,933
City of Oviedo
19
0
19
103,443.68
103,443.68
0.00
11,447,484
228,950
City of Deltona
'n
22
1
21
0.00
5,000.00
5,000.00
12,610,359
252,207
Sun Lakes of Sebring
29
0
29
290,244.06
290,244.06
0.00
5,990,303
119,805
Totals:
1004
48
956
38,738,891.69
43,965,514.69
5,226,623.00
516,895,352
10,336,122
Status as of 04 -16 -07
PRM - Hurricane Frances D/L 09 -05 -04
Member
Total Claims
# Open
# Closed
Payments
Total Experience
Remaining Reserves
Building Values Affected
Deductibles
Desoto County
1
0
1
0.00
0.00
0.00
11,398,400
227,968
Lee County Port Authority
1
0
1
0.00
0.00
0.00
11,020,000
220,400
City of Sebring
1
0
1
0.00
0.00
0.00
233,151
4,664
City of Clewiston
4
0
4
0.00
0.00
0.00
7,655,000
153,100
City of Avon Park
3
0
3
0.00
0.00
0.00
3,741,290
74,826
City of Eustis
5
0
5
0.00
0.00
0.00
11,417,926
244,918
City of Longwood
1
1
0
42,446.90
42,947.00
500.10
1,039,300
20,786
Okeechobee County
28
0
28
0.00
0.00
0.00
21,807,200
436,144
City of Pahokee
15
0
15
0.00
0.00
0.00
8,151,600
163,032
City of Belle Glade
19
0
19
0.00
0.00
0.00
23,368,141
467,363
Town of Lady Lake
1
0
1
336,738.10
336,738.10
0.00
3,314,495
66,290
City of Okeechobee
4
0
4
0.00
0.00
0.00
3,373,440
67,469
City of Deltona
12
0
12
0.00
0.00
0.00
12,549,504
250,990
Sun 'n Lake
2
0
2
0.00
0.00
0.00
6,513,786
130,275
Totals:
97
1
96
379,185.00
379,685.10
500.10
125,583,233
2,528,225
Status as of 04 -16 -07
PRM - Hurricane Ivan D/L 09 -15 -04
Member
Total Claims
# 0 • - n
# Closed
Pa ments
Total Ex • erience
Remainin! Reserves
Buildin • Values Affected
D eductibles
880
Holmes County
2
0
2
342.93
342.93
0.00
44,000
Status as of 04 -16 -07
PRM - Hurricane Jeanne D/L 09 -26 -04
Member
Total Claims
# Open
# Closed
Payments
Total Experience
Remaining Reserves
Buildin ! Values Affected
Deductibles
Glades County
8
0
8
0.00
0.00
0.00
9,100,200
182,604
Hendry County
1
0
1
0.00
0.00
0.00
686,900
13,738
City of Sebring
18
4
14
191,160.70
307,478.70
116,318.00
35,409,298
708,188
City of Moore Haven
1
0
1
0.00
0.00
0.00
321,800
6,436
City of Clewiston
13
0
13
799.85
799.85
0.00
6,549,700
130,994
City of Zephyrhills
2
0
2
0.00
0.00
0.00
185,900
3,718
Town of Kenneth City
1
0
1
2,064.00
2,064.00
0.00
91,900
1,838
City of Eustis
3
1
2
0.00
67,000.00
67,000.00
1,384,740
27,695
Town of Belleair
1
0
1
0.00
0.00
0.00
1,573,700
31,474
City of Crystal River
3
0
3
2,084.00
2,084.00
0.00
2,317,100
46,342
Highlands County
35
1
34
287,320.86
287,321.86
1.00
41,533,600
830,652
Okeechobee County
30
30
0
3,293,493.34
4,427,260.00
1,133,766.66
19,849,000
396,980
City of Lake Wales
1
0
1
554.58
554.58_
0.00
0
0
Town of Lake Placid
5
0
5
0.00
0.00
0.00
1,403,000
28,060
City of Pahokee
1
1
0
2,210,317.00
2,211,000.00
683.00
1,872,300
37,446
City of Belle Glade
2
0
2
0.00
0.00
0.00
15,806,253
316,125
City of Okeechobee
17
0
17
13,823.88
13,823.88
0.00
2,061,985
41,240
City of Deltona
'n
3
0
3
0.00
0.00
0.00
2,081,490
41,631
Sun Lake
6
0
6
0.00
0.00
0.00
5,899,953
117,999
Totals:
151
37
114
6,001,618.21
7,319,386.87
1,317,768.66
148,128,819
2,963,160
Status as of 04 -16 -07
PRM - Hurricane Wilma D/L 10/24/05
Member
Total Claims
# Open
# Closed
Payments
Total Experience
Remainin s Reserves
Building Values Affected
Deductibles
Desoto County
1
0
1
0.00
0.00
0.00
9,279,500
185,590
Glades County
37
0
37
1,074,364.55
1,074,364.55
0.00
11,824,729
194,149
Hendry County
85
29
56
4,270,817.35
11,598,940.79
7,328,123.44
35,044,728
688,414
City of Labelle
4
0
4
17,417.00
17,417.00
0.00
854,900
17,098
Lee County Port Authority
10
0
10
589,807.16
589,807.16
0.00
3,618,400
72,368
City of Wauchula
1
0
1
950.00
950.00
0.00
65,000
1,300
City of Moore Haven
5
0
5
238,710.04
238,710.04
0.00
712,500
14,250
City of Clewiston
55
1
54
1,998,181.16
1,998,181.77
0.61
11,590,641
226,286
South FL Conservancy
17
0
17
96,895.32
96,895.32
0.00
731,400
15,628
Highlands County
16
0
16
6,362.62
6,362.62
0.00
30,034,750
600,698
Okeechobee County
49
0
49
417,046.18
417,046.18
0.00
43,851,847
877,037
City of Lake Wales
1
0
1
0.00
0.00
0.00
775,300
15,506
City of Pahokee
86
0
86
1,806,938.94
1,806,938.94
0.00
11,834,017
205,631
City of Belle Glade
62
0
62
1,117,058.29
1,117,058.29
0.00
15,985,755
319,714
City of Okeechobee
4
0
4
61,312.65
61,312.65
0.00
1,979,300
39,586
Totals:
433
30
403
11,695,861.26
19,023,985.31
7,328,124.05
178,182,767
3,473,255
Status as of 04-16 -07
4.D. REVIEW OF MEMBERS PREMIUMS &
ACKNOWLEDGMENT OF BALANCE DUE
2006 -07 - 2007/08 Acknowledgement Letters Not Returned
Belle Glade $60,859
Deltona $102,957
Fort Mead $32,985
Hamilton County $42,498
Lady Lake $23,992
Lake Wales $76,312
Longwood $51,030
Port Richey $20,726
Safety Harbor $62,006
Sebring $57,053
Serving Florida
Public Entities
October 1, 2006
Dear Member,
Enclosed is your first quarter invoice for the current year, and a sheet showing your full 12 month
charges for the current year, the eighteen month balance due for the first six months of next
year, and the total 18 month costs of the current program.
The sheet mentions that the excess property insurance premium and the Citizen's assessment
are not known at the current time, and will be an additional charge added to the premium for
the first half of the 2007/2008 premium.
As approved during the PRM Board meeting of September 15, 2006, the pool is paying the
premiums for the first two quarters of 2007/2008 from the surplus monies with no interest to
be charged.
Your total for six months of the eighteen months premiums paid in advance is
Please sign for your understanding of these terms and return this sheet to our office by 10/15/06.
If you have any questions regarding this matter, please call PRM's accountant,
Lynne Pysarchuk at 239 - 656 -4666 or 800 - 367 -1705.
Board member signature and date
Entity Name
3434 Hancock Bridge Parkway. • Suite 203 • Fort Myers, Florida 33903
(239) 656 -4666 • (800) 367 -1705 • Fax (239) 656 -1066
4.E. STATUS OF. ON -SITE PROPERTY APPRAISALS
PRM of Florida Appraisal Program Status Log
(In Processing)
Appraiser
Member
Number PRM Member
Contact
Prelim
Bldg Initial
Count Contact Date
Field Start
Date
Field End
Date
Date
Reports
Sent
# of Bldgs
Appraised
NOTES
Invoked
Member
(Yes /No)
Matthias
15 City of Clewiston
Ted Byrd
60 3/22/07
3/27/07
3/29/07
83
Gazebos were previously done as PITO. Buildings at WWTP were not
previously broken out New building at Trinidad Park. Dugouts were
previously listed as PITO and only 1 line item.
Matthias
03 Glades County BOCC
Robert Giesler
42 4/4/07
4/10/07
4/12/07
56
Picnic Shelters were added
Matthias
04 City of Moore Haven
Maxine Brantley
38 3/23/07
4/12/07
4/13/07
37
Shelters at Riverside Park were missing
Torcivia
20 Town of Bellealr
Susan Lee
13 4/4/07
4/10/07
4/10/07
15
TorcNia
25 City of New Port Richey
Jeff Sutton
68 3/30/07
4/11/07
4/13/07
70
Rodriguez
22 City of Fort Meade
Phyllis Kirk
45 4/4/07
4/11/07
4/13/07
TBD
Rodriguez
23 City of Crystal River
Linda Stllson
43 4/10/07
4/16/07
4/20/07
TBD
PRM of Florida Appraisal Program Status Log
(Members To Be Scheduled)
Appraiser
Member
Number PRM Member
Contact
Initial
Contact Date
Field Start
Date
Field End
Date
Date
Reports
Sent
# of Bldgs
Appraised
NOTES
Invoiced
Member
(Yes/No)
Matthias
01 Lee County Port Authority
Pamela Conner
4/10/07
4/23/07
Matthias
08 Hendry County BOCC
Judi KennI gton -Korf
Tordvia
09 Town of Longboat Key
Jane O'Connor
Tordvia
10 Hardee County BOCC
Jane Long
Torcivia
11 City of Sebring
Jeff Carlson
TorcMa
12 City of Wauchula
James Braddock
13 Qty of Northport
Steve Gailbreath
Rodriguez
14 Qty of Tavares
Crissy Bublitz
5/2/07
Tordvia
16 City of Avon Park
Kathy Bennett
Tordvia
18 Qty of Gulfport
Jennifer Valdes
5/14/07
Tordvia
19 City of South Pasadena
James Graham
5/14/07
Tordvia
21 City of Safety Harbor
BID Cropsey
5/8/07
Torcivla
24 Qty of Port Richey
Shirley Dresch
5/7/07
Rodriguez
26 Qty of Eustis
Mace Sheppard
Tordvia
28 Town of Kenneth Qty
Nancy Beelman
29 Northport Utilities
Steve Gailbreath
Rodriguez
30 Qty of Longwood
Dawn Jadcson
4/30/07
Rodriguez
31 City of Winter Garden
Frank Gilbert
5/7/07
Matthias
32 Okeechobee County BOCC
Robbie Chortler
33 Qty of Punta Gorda
Phil Wlckstrom
Matthias
35 Town of take Placid
Arlene Tuck
Matthias
37 City of Belle Glade
Vivian Hunter
Matthias
40 South Florida Conservancy District
D. Ron Graydon
Matthias
06 Qty of LaBelle
Michael Boyle
This report indicates those members to be scheduled for on -site appraisals. Those without dates have yet to be contacted by CBIZ
CB Z
Public Risk Management of Florida 2006 -2007 Insurable
Value Comparison
Entity Trended Feb. 2007 %
Code Entity Description 2006 Total NRC Total NRC Change
01
SW FLORIDA INT. AIRPORT- LEE
COUNTY PORT AUTHORITY
$ 270,448,500
$ 292,300,900
8.1%
03
GLADES COUNTY BOCC
$ 15,114,400
$ 16,228,700
7.4%
04
CITY OF MOORE HAVEN
$ 6,100,500
$ 6,538,300
7.2%
06
CITY OF LABELLE
$ 6,028,000
$ 6,508,900
8.0%
07
DeSOTO COUNTY
$ 52,259,900
$ 62,438,000
19.5%
08
HENDRY COUNTY BOCC
$ 43,267,500
$ 46,581,100
7.7%
09
TOWN OF LONGBOAT KEY
$ 17,904,700
$ 19,086,700
6.6%
10
HARDEE COUNTY BOCC
$ 42,183,400
$ 45,074,300
6.9%
11
CITY OF SEBRING
$ 30,743,300
$ 34,026,900
10.7%
12
CITY OF WAUCHULA
$ 15,314,300
$ 16,235,700
6.0%
13
CITY OF NORTH PORT
$ 36,494,500
$ 38,948,200
6.7%
14
CITY OF TAVARES
$ 18,940,300
$ 21,382,600
12.9%
15
CITY OF CLEWISTON
$ 22,860,218
$ 24,312,000
6.4%
16
CITY OF AVON PARK
$ 28,574,200
$ 30,461,200
6.6%
17
CITY OF ZEPHYRHILLS
$ 38,734,300
$ 41,230,100
6.4%
18
CITY OF GULFPORT
$ 20,996,800
$ 22,070,400
5.1%
19
CITY OF SOUTH PASADENA
$ 5,156,500
$ 5,503,000
6.7%
20
TOWN OF BELLEAIR
$ 10,229,900
$ 13,919,200
36.1%
21
CITY OF SAFETY HARBOR
$ 18,885,800
$ 20,136,600
6.6%
22
CITY OF FORT MEADE
$ 14,589,600
$ 15,711,700
7.7%
23
CITY OF CRYSTAL RIVER
$ 17,956,500
$ 19,203,500
6.9%
24
CITY OF PORT RICHEY
$ 10,091,700
$ 11,226,700
11.2%
25
CITY OF NEW PORT RICHEY
$ 49,280,300
$ 52,603,100
6.7%
26
CITY OF EUSTIS
$ 40,903,700
$ 43,623,900
6.7%
27
CITY OF LAKE MARY
$ 28,661,500
$ 30,666,600
7.0%
28
TOWN OF KENNETH CITY
$ 1,629,400
$ 1,739,700
6.8%
29
NORTH PORT UTILITIES
$ 15,884,300
$ 16,874,400
6.2%
30
CITY OF LONGWOOD
$ 10,925,400
$ 12,254,600
12.2%
31
CITY OF WINTER GARDEN
$ 30,916,100
$ 32,933,700
6.5%
32
OKEECHOBEE COUNTY BOCC
$ 56,018,200
$ 60,571,200
8.1%
33
CITY OF PUNTA GORDA
$ 46,274,800
$ 49,376,300
6.7%
34
CITY OF PAHOKEE
$ 18,116,400
$ 20,192,700
11.5%
35
TOWN OF LAKE PLACID
$ 5,339,800
$ 5,705,400
6.8%
36
CITY OF LAKE WALES
$ 47,220,900
$ 50,392,900
6.7%
37
CITY OF BELLE GLADE
$ 41,928,600
$ 44,969,100
7.3%
40
SO. FLA. CONSERVANCY
$ 619,100
$ 666,900
7.7%
41
TOWN OF LADY LAKE
$ 14,336,000
$ 15,293,500
6.7%
42
HAMILTON COUNTY
$ 15,851,100
$ 16,710,100
5.4%
43
CITY OF OVIEDO
$ 47,820,900
$ 50,191,900
5.0%
44
LEVY COUNTY
$ 21,670,243
$ 23,482,700
8.4%
45
HOLMES COUNTY BOCC
$ 15,428,500
$ 17,582,600
14.0%
46
CITY OF OKEECHOBEE
$ 3,517,800
$ 3,769,200
7.1%
47
CITY OF ST. PETE BEACH
$ 18,184,700
$ 19,414,700
6.8%
49
SUN (N) LAKE OF SEBRING
IMPROVEMENT DISTRICT
$ 12,755,900
$ 13,602,100
6.6%
50
CITY OF INDIAN ROCKS BEACH
$ 5,124,300
$ 5,453,600
6.4%
51
CITY OF TEMPLE TERRACE
$ 72,335,800
$ 74,456,800
2.9%
52
HIGHLANDS COUNTY BOCC
$ 104,977,500
$ 107,142,600
2.1%
78
CITY OF DELTONA
$ 38,152,933
$ 40,721,600
6.7%
TOTALS:I $ 1,506,748,9941 $ 1,619,516,600 1 7.5%
Local Governments' Requirements
Under GASB Statement 45
❖ GASB to require governments that provide other post
employment benefits (OPEBs) to begin showing the accrued
liabilities associated with their OPEBs on their financial
statements and whether, and to what extent, progress is being
made to fund the liability.
• Medical
• Dental
• Prescription Drugs
• Vision
Local Governments' Requirements
Under GASB Statement 45
Most governments currently recognizing OPEBs
on a pay as you go basis
••• Therefore, most local governments have not
deposited enough (or any) moneys to pay for the
unfunded liabilities
••• Strong incentives from GASB and the financial
markets to develop a plan for managing the
unfunded OPEB liabilities
Local Governments' Requirements
Under GASB Statements 45
GASB Requirements are being phased in. Employers
must report beginning in first fiscal year starting after
Implicit Subsidy
Florida law requires rating active and retired
employees together
• GASB requires valuation based on age adjusted
premium
Preliminary Estimates of State OPEB
Liabilities
Preliminary Estimates of Municipality
And School Board OPEB Liabilities
Annual Required Contribution (ARC)
City with 160 employees and 37 retirees
UAL
ARC:
Normal Cost
Amortization
Interest
Total
Pay -as- you -go
Employer Contributions Vary
•.� No explicit contribution
❖ Flat dollar (per year of service)
• Percentage (50 % of retiree and dependent cont.)
❖ Full cost for retiree, none for dependents
County A 4800 employees, 130 retirees
County B 4000 employees, 1500 retirees
UAL
County B
$342, 000, 000
ARC:
Normal Cost
Amortization
Interest
Total
$12, 553,000
12,670,000
1,009,000
$26,232, 000
Pay- as -you-
go
$ 372,000 $6;669,000
Action Steps
Perform Actuarial Valuation
• Calculate Actuarial Liability
• Calculate ARC
•'• Develop fund
❖ Consider changes
Benefit design and eligibility
❖ Implement
Funding Options
Pay -as- you -go (build up unfunded liability on balance sheet)
Earmark funds (establish reserve)
Ramp up to ARC < 5 years (.where will cash come from ?)
.• ARC (increase
other expenditures ?)
.• Pre -fund (asset sale or trans
.• Issue OPEB Bonds (fully fund
Benefit Design and Eligibility
1. Limitations: Statutes and Collective Bargaining
Agreements:
2. Plan Changes may include:
a. Eligibility
b. Contributions (retirees and dependents)
Defined contribution plan
Medicare Advantage / 'DP/ PFFS
Resources to Improve Clinical and
Financial Outcomes
Steve Garcia, AVP, Claims
Munich Reinsurance America, Inc.
Munich Re America
Munich Re Group
Resources to Improve Clinical and
Financial Outcomes
Steve Garcia, AVP, Claims
Munich Reinsurance America, Inc.
Pareto cost distribution
8350,000 410,000,000
High Acuity Claims
Mean
530,000
Median-50%
$500
Frequency distribution
78th
areto Group
98%-99%
z
Catastrophic, High - Acuity, Long -Term
or Complex Case
High -Cost Claims
• Burns (severe)
• Traumatic Brain Injury*
• Spinal Cord Injury
• Low Back Pain /Injury
• Reflex Sympathetic Dystrophy (RSD)
• Amputations
• Multiple Trauma
• Unusual Occupational Disease
• Cancers
• Organ Transplants
• Spinal Surgeries
• (only 17% of patients get care consistent with AANS guidelines)
1
Cat Claim Cost Distribution
Cost
End of Life
Periodic Acute Complications
MMI
6 mo. -24mo
Time
The "Challenges" Facing Claims Professionals :M=.*
• Difficult to obtain information about the injury and treatment in the
immediate aftermath of a catastrophic event
• Inability to influence medical practice or assess the quality of specialized
care in highly complicated clinical situations
• Emotionally charged environment for injured employee, family and
employer
• Medical cost projections /reserves difficult to develop
Cost Driver Analysis
• Poor or incomplete medical diagnosis of the patients injuries
• Diagnostic errors and medical mistakes
• Inadequate or incorrect diagnostic testing and imaging studies
• Lack of adequate specialists and expert referrals
• Little or no coordination between multiple acute care and rehabilitation
providers
• Hospitals with out appropriate medical services and expertise
• Inadequate rehabilitation medical care
2
Medical Errors
z
An exhaustive study done by the National Academy of Sciences Institute of
Medicine published in 1999 indicated the following:
• 44,000 to 98,000 deaths occur annually in our nation's hospitals from
preventable medical mistakes
• 1,000,000 non -fatal injuries are caused by medical errors which cost $29
billion annually
• 90,000 hospital born infections occur annually, with at least 50% resulting
from physicians failing to wash their hands between patients
History- Research Questions
Can we effect the outcomes of high acuity claims?
If we use genuine experts to consult and treat, does it make a difference?
Can we measure and quantify the results?
• Clinical Outcomes
• Financial results
•If so, are the results reproducible?
Best Doctors Inc.
ww.we...
Optimum Outcomes In Medically Complex Cases
3
About Best Doctors...
# .401100
• Founded in 1989 by Harvard Medical School professors of medicine to
serve the needs of international patients and physicians
• Improves quality of care by ensuring patients get the right diagnosis and
treatment
• Pioneered a worldwide database of 50,000 doctors recognized as the best
in their specialties
• Success in workers' compensation market led to the development of a
group health offering in early 2005
m
Best Doctors
111 110 0•00100
*MO 110 600
Johns Hopkins
Best Doctors Core Organization
Brigham and Women's Hospital
Harvard faculty
Rehabilitation Institute of Chicago
Best Doctors Physicians Database
70% at Academic Merkel centers
Cleveland Clinic
M D Anderson- Dallas
Mayo Grog
University of PerinsyNenia
Northwestern University
IUC San Francisco, Davis
I University of Chcago I
UCLA Medical Center
Sloan Kettering
Stanford University
Comell Well Medical Center
30,000 physicians
11
We offer a unique service that ...
Uses the expertise of the nation's top physicians to assist in guiding
complex or atypical medical cases
Impacts high -cost conditions not addressed by current care management
solutions: we change the diagnosis +20% of the time and treatment +60%
of the time for patients with a serious or complex medical condition.
12
4
The Three-Step Process connects you to world -
class specialists
Medical Analytic Process (MAP)
1. Infarmatlen Gathminn
2 lnfml Doctors Cum/114m la
3. Expert Solution Fintllnj]
ea wemn6men cmm�am
Paten. m.Elcal,.cams, MRI Images, CT scans, Pathology OOOUes, oXmr ellMCal materials
Our Workers' Compensation Goals...
•MunInt Mnrem
• Respond immediately with guidance of an elite team of practicing
physicians
• Establish prognosis, avoid complications, and improve patient outcomes
during the acute, rehabilitation and chronic care phase
• Influence physician behavior and improve the ultimate and permanent
health status of the patient
• Improve financial outcomes significantly
• Substantially enhance process to asses potential MMI
10
Barriers to the Best Care
• Lack of care coordination: multiple specialists' involvement without
comprehensive oversight
• Emphasis of early hospital discharge for post- surgical patients
• Rehabilitation facilities lacking resources for acute care management
• Physician prescribing practices
• Inappropriate treatment plan due to lack of physician expertise
16
5
Obstacles in the Workers' Compensation Community
• Immediate need to set reserves based on raw data
• Access to incomplete medical records and /or retrospective account of
medical progress
• Non - compliant patients
• Poor psychosocial dynamics within the family unit
• Inability to proactively address complication factors (dependant upon
resources)
15
Programs
• CatCare Acute problems
TBI, burn, SCI, multiple trauma, upper extremity amputation, vascular
insult (degolving), malnourishment with wounds
• STEP Non - acute, single diagnosis
Knees, shoulders and backs. Prosthetic fittings, post- concussion
syndrome, skin infections, medication review for appropriateness
18
Programs
Munball Re deep
• LEGACY Mature or chronic cases
Slow progression, out of control costs, 24/7 care. Uncertain if care is
appropriate.
• LEGACY, Phase II Executes on Legacy Action Plan
Coordination of care with treating MD, patients, claims specialists and
Best Doctors.
18
6
Discoverable Data
• CatCare: 59.2% of cases avoided major invasive procedures
recommended by initial treating MD(s)
• Only 42% of cases had either correct diagnosis or treatment plans
• LEGACY: Percentage of cases where diagnosis and or treatment changes
were recommended: 90.5%
1s
Cat Claim Cost Distribution
Anticipated tttect
Cost
1
Current Cost Distribution
Best Doctors Cases
MMI
End of Life
Periodic Acute Complications
• t.
...loan attendant care and periodic health costs
6 mo. -24mo Time
Source:
20
Chemical Burn Case Study
36 -year -old male suffered chemical
burn while working as a mechanic.
ED releases same day of injury
Adjuster meets patient, takes pictures
Determines burn is not significant
21
7
PCP determines patient can return to
work 2 weeks post injury
No rehabilitation burn treatment plan
One year post- injury, patient has not
returned to work
Expert Effect/Financial Impact
tauwoa
Application of most appropriate & conservative treatment regimen (154
Trauma Cases)
• Mean per claim cost reduction was $456,517 during 1'" year
• $230,570 in avoided inpatient hospital and surgical costs during the acute
treatment phase of the claim,
• Median (50. percentile) is 5265,000
• 59.2% of cases avoided one or more invasive surgical procedures
recommended by the patients treating physicians.
A
Open Forum
Questions and Comments
All Referrals 866.237.3286
8
Thank you very much for your attention.
Steve Garcia, AVP, Claims
Munich Reinsurance America, Inc.
:2."7:".e:E:tiNT:St;Ol.i51:i'+:11:7:`iti■i:nn":"57°V.iin:B.11:FiiIFE:.,
9
Speaker Profile
STEVE GARCIA
Steve Garcia is a Assistant Vice President of Claims, having joined the Chicago branch
of Munich Re America in 2002. His current clients include multi -line insurance
companies and alternative insurance programs involving large deductibles, self - insured
retentions and captive insurance companies. He regularly works with these clients on
evaluating, reserving & developing settlement or defense plans on high exposure losses.
Mr. Garcia began his insurance career with Kemper Mutual Insurance Group where he
was trained as a multi -line adjuster. Mr. Garcia served as the Ceded Reinsurance Claims
Manager for a national carrier and was responsible for reporting, billing and collecting
approximately $15M per month in reinsurance recoverables. Mr. Garcia developed and
implemented reports for the senior management team and created a database for tracking
the reinsurance recoverables.
Mr. Garcia holds a Bachelor of Business degree in Finance from the University of
Wisconsin - Whitewater.
IND
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Harvard Medica
Trauma
Initial Assessment and
Management
Stephen J. Ferzoco, MD
Assistant Professor of Surgery
Harvard Medical School
Objectives
• Apply principles of primary and
secondary surveys
• Identify management priorities
• Institute appropriate resuscitation and
monitoring procedures
• Recognize value of patient's history
and biomechanics of injury
• Anticipate pitfalls
Key Questions
• How do 1 prepare for a smooth
transition from the prehospital to the
hospital environments?
• What is a quick simple way to assess
the patient in 10 seconds?
• What is the secondary survey and
when does it start?
1
Key Questions
• How can I minimize missed injuries?
• Which patients do I transfer to a higher
level of care?
• When should the transfer occur?
Concepts of Initial Assessment
Primary Survey
Adjuncts Definitive Care
Resuscitation 1
1 Reevaluation
Reevaluation
Detailed
Secondary Survery
Adjuncts
Initial Assessment
• Primary survey and resuscitation of
vital functions are done simultaneously
in a team approach
2
Prepare for a smooth transition
from the prehospital
• Primary survey and resuscitation of
vital functions are done simultaneously
in a team approach
Primary Survey
• Airway
• Breathing
• Circulation
• Disability
• Exposure /Environment
Special Considerations
• Trauma in the elderly
• Pediatric trauma
• Trauma in pregnant women
3
Primary Survey
• Establish patent airway
— Protect c -spine
— Pitfalls?
• Equipment failure
• Inability to intubate
• Occult airway Injury
• Progressive loss of airway
Primary Survey
• Assess and ensure adequate
oxygenation and ventilation
— Pitfalls?
• Airway vs ventilation problem?
• Iatrogenic pneumothorax or tension
pneumothorax
Assess for organ perfusion?
• Level of consiousness
• Skin color and temperature
• Pulse rate and character
4
Primary Survey
• Circulatory Management
- Control hemorrhage
- Restore volume
- Reassess parameters
- Pitfalls?
• Elderly
• Children
• Athletes
• Medications
Primary Survey
• Disability
- Baseline neurologic evaluation
• GCS scoring
• Pupillary response
• Watch for neurologic deterioration
Primary Survey
• Exposure /Environment
- Completely undress patient
- PREVENT HYPOTHERMIA
5
Resuscitation
• Protect and secure airway
• Ventilate and oxygenate
• Stop the bleeding!
• Vigorous shock therapy
• Protect from hypothermia
Adjuncts to Primary Survery
Vital Signs
EKG I / ABGs
Urinary output ADJUCTS //Pulse oximeter
1
Urinary/gastric catheters
6
Adjuncts to Primary Survery
Consider early transfer
• Do not delay transfer
for diagnostic tests
• Use time before
transfer for
resuscitation
When to start?
After
Primary survey is completed
ABCDEs are reassessed
Vital functions are returning to normal
7
What are the components?
• History
• Physical exam: Head —to —toe
• Tubes and fingers in every orifice
• Complete neurologic exam
• Special diagnostic tests
• Reevaluation
Secondary Survey
• History
A Allergies
M Medications
P Past Illnesses
L Last meal
E Events /Envirnoment
8
Secondary Survey
Head
— GCS score
— Neurological exam
— Comprehensive eye and ear exam
Pitfalls
— Unconsciousness
— Periorbital edema
— Occluded auditory canal
Secondary Survey
Maxillofacial
— Bony crepitus
— Deformity
— Malocclusion
Pitfalls
— Potential airway obstruction
— Cribiform plate fracture
— Frequently missed
Secondary Survey
• Cervical spine
— Tenderness
— Complete motor /sensory exams
— Reflexes
— Imaging studies
Pitfalls
— Altered sensorium
— Inability to cooperate with clinical exam
9
Secondary Survey
Neck (soft tissues):
Pitfalls
— Delayed symptoms
and signs
— Progressive airway
obstruction
— Occult injuries
Chest
— Inspect
— Palpate
— Percus
— Auscultate
— Obtain x -rays
Secondary Survey
Abdomen
— Inspect
— Auscultate
— Palpate
— Percuss
— Reevaluate
— Special studies
10
Secondary Survey
• Abdomen: Pitfalls?
— Hollow viscus injury
— Retroperitoneal injury
— Extensive pelvic manipulation
Secondary Survey
Perineum
— Contusions, hematoma, lacerations,
urethral blood
Rectum
— Sphincter tone, high- riding prostate,
pelvic fracture, rectal wall integrity, blood
• Vagina
- Blood, lacerations
• Pitfalls
— Urethral injury to women, pregnancy
Secondary Survey
• Musculoskeletal: Extremeties
— Contusion, deformity
— Pain
— Perfusion
— Neurovascular status
— X -rays as needed
11
Secondary Survey
• Musculoskeletal: Pelvis
— Pain on palpation
— Symphysis widening
— Unequal leg length
— Instability
— X -ray as needed
Secondary Survey
• Musculoskeletal: Pitfalls
— Potential blood loss
— Missed fractures
— Soft tissue or ligamentous injury
— Compartment syndrome
Secondary Survey
• Neurological: Brain
— GCS score
— Lateralizing signs
— Frequent reevaluation
— Prevent secondary brain Injury
— EARLY NEUROSURGICAL CONSULT
12
Secondary Survey
Neurological: Spine and Cord
— Complete motor sensory exam
— Image as needed
— Reflexes
— EARLY NEUROSURGICAL OR
ORTHOPEDIC CONSULT
Secondary Survey
• Neurological: Pitfalls
— Incomplete immobilization
— Subtle increase in Intracranial pressure
with manipulation
— Rapid deterioration
Minimize missed injuries?
• High index of suspicion
• Frequent reevaluation and monitoring
13
Pain management
• Relief of pain /anxiety as appropriate
• Administer intravenously
• Careful monitoring is essential
Which patient do 1 transfer?
• Those whose injuries exceed
institutional capabilities
• Examples
— Multisystem or complex injuries
— Patients with comorbidities or age extremes
When do 1 transfer patient
• As soon as possible after stabilizing
measures are completed
— Airway and ventilatory control
— Hemorrhage control (operative)
— AVOID NEEDLESS DELAY
14
Transfer to Definitive Care
• As soon as possible after stabilizing
measures are completed
— Airway and ventilatory control
— Hemorrhage control (operative)
— AVOID NEEDLESS DELAY
Adjuncts to Secondary Survey
Local facility
Transfer Agreements
Local resources
Trauma Center Specialty Facility
Records, Legal Considerations
• Concise, chronological documentation
• Consent for treatment
• Forensic evidence
15
Stephen J. Ferzoco, M.D.
Chief of Emergency Surgery
Associate Director of Level 1 Trauma Center
Brigham and Women's Hospital
Dr. Ferzoco is the Chief of Emergency Surgery and Associate Director of
Level 1 Trauma Center at Brigham and Women's Hospital in Boston,
Massachusetts. In addition, he is the Associate Program Director of the
Residency Training Program for the Department of Surgery.
Dr. Ferzoco, an Associate Professor of Surgery at Harvard Medical
School, graduated Tufts University and Yale University School of
Medicine. Dr. Ferzoco completed his residency training in General
Surgery at Brigham and Women's Hospital. His specialties include
General Surgery and Gastrointestinal Surgery, and among his clinical
interests are hernias and trauma. He is a regular contributor to the
www.UpToDate.com website on topics relating to gastroenterological
surgery and trauma.
Clinical Background
MD Degree
Fellowship Brigham and Women's Hospital
Harvard Medical School
Residency Brigham and Women's Hospital
Board Certifications Surgery
Yale University School of Medicine
One Boston Place, 32nd Floor I Boston, MA 02108 1 Tel: 617.426.3666 1 Fax: 617.426.8595 I www.bestdoctors.com
Best Doctors® and the star -in -cross logo are registered trademarks of Best Doctors, Inc. in the United States and in other countries.
Healthcare. Ideas for 2007
How to Save a Buck
Gallagher Benefit Services, Inc
May 17; 2007
Gallagher Benefit Services, Inc
Boca .Raton, Florida
561.995.6706 or 800.676.4004
www.gallagherbenefits.com
•• Front -end calendar year deductible for medical
plan
• Increase employee awareness of healthcare;;
costs by requiring participation
Add front - end deductible to prescription drug plan
Retur» to Coinsurance
Return to coinsurance percentages from fixed
copays
Provide employees and dependents with an
incentive to reduce utilization
awareness of cost of healthcare
r
Contribution Steerage
+:•Wherezmultiple plan offerings are available, the
employer will offer greater contribution incentives
to steer employees plo ees into lower cost plans.
r
BeL..tte&Employce Contributions.
•3 Health plan contributions are based on
employee annual income. While this strategy
has no impact on the rise in health care costs,
i #can be perceived as a more equitable means
of distributing contribution increases (Used by
Gallagher).
Fixed Dollar Employer C
Innovative option studying various employer cost
sharing strategies which limit their portion of
healthcare costs.
Employers use a defined contribution approach
where the employer determines on an annual
basis how much they will contribute towards
healthcare costs
•• Design models include: flat amount, by employee
tier and geographic location
:ncome Related Deductibles and
Out -of- Pocket
Employee cost sharing directly tied to their ability,
to pay
Deductible and O -O -P maximums designed to be
a percentage of income. Deductible equals 2% of
annual income
Can be difficult to administer
Health Savings Account.
HSAallows employees to deposit pre -tax dollars
into-an account earmarked for medical expenses.
Unused funds roll over from year to year
employer cost is reduced because the employee
is responsible for costs up to deductible
❖ Retirement fund supplement
(HPN) lligh Performance Network.
Smaller network typically offering deeper
discounts, improved quality and more cost
efficient
Available from most carriers, may be market
sensitive
Patient Advocate
•:* Assists employees with the navigation of the .
healthcare system
Service typically offered both via phone and
Internet
+ Offers cost savings and improved employee
satisfaction
Debit /Credit Car
❖Assists employees with cash flow and cost
issues
• -Works well with Health Savings Accounts,
Flexible Savings Accounts and Health
Accounts
Usually results in higher participation and
improved tax savings
A
Self Treatment Guides
Provides consumers with key information
regarding self-treatment of medical conditions
❖Self treatment books /guides can be provided to
employees from. employees
❖Conditions may include colds, minor back pain,
rashes, etc.
Personal Medical Record
:- Onhine documents which contain personal health
information including history and test results
Tied to HRA's to detect and prevent higher cost
conditions
Self Funding
Financially advantageous to move from fully
insured to self funded
Employer assumes liability for administrative
costs
Purchase of reinsurance will limit risk
Advantages include reduced cost, improved cash
flow and greater flexibility
Stop Loss Coverage
Insurance employers purchase to limit individual
and aggregate liability
Specific Stop Loss
Insures against individual catastrophic loss
+ Key factors include employer risk tolerance,
reserve commitment and claims history
Aggregate Stop Loss
Insures against over utilization by the entire
group.
Tiered Prescription Drug Coinsurance
•:• Tiered coinsurance instead of copays,
❖ Apply a minimum (10% or $1O copay)
Higher coinsurance for lifestyle drugs
Specialty Rx Options;
With the increasing use of specialty medications
(often injectibles) and their high associated costs,
employers should begin to evaluate how these;:
medications are discounted ;distributed and
managed
• . Specialty Rx vendors have. specialty. Rx
capabilities but should be carefully evaluated `an
d analyzed to determine if the program is
aggressive in providing additional discounts and
care management to this population
Elimination of Rebates
With the significant delay in receiving rebates,
PBM's_are beginning to offer higher front end
discounts on brand drugs at retail and mail order
rather than providing rebates to employers. .
The advantages are especially critical for plans
using coinsurance, where the employees cannot
access the benefit associated with prescription
Generic Incentives
Increasing the use of generic drugs remains one of the
most effective ways a plan sponsor to decrease the cost
of the ,prescription drug benefit. As a rule, each 1
increase in the generic dispensing rate can decrease
drugs spent by 0.5 % -1 %.
In addition, employers can establish step therapy and
prior authorization rules that seek to have the patient try a
generic drug first in establishing a course of therapy for a
given condition.
• Typically these programs do not reduce the quality,of
care, however they can produce employee noise
Mail Order Incentives
Mail order incentives can be provided to encourage
use of generics. PBM's can target employees who
use generics or maintance drugs at retail (by written
communications) to encourage use of mail pharmacy
for these types of medications, resulting in substantial
savings for the employer.
+ Maintenance drug programs which require that a
second or third refill of a maintenance medication be
made through mail order are also cost effective
Step Therapy
• New drugs can contribute substantially to the year over
year increases in drug spending. For example, the cost for
drugs may be as much as 40% to 50% more than a similar
drug with similar ingredients and effectiveness marketed
in the prior year This is partially drug trend
•:• Including a step therapy plan, will prevent employees from
moving to the most expensive, newest drug before older,
less expensive drugs are tried. This also prevents an
employee from immediately switching to a new drug
before certain protocols for trying the older drugs are
established
Health Risk Assessment
Health risk assessments are a vital component in
anyahealth promotion initiative
Health risk assessments can identify pre - chronic
cases to avoid costs before they occur
They provide data that are only available through
self evaluation (e.g., smoker, sedentary lifestyle,
high stress work environment, overweight, etc.)
Nutrition and Weight Management
Programs...
• Nutrition and weight loss management are rapidly proving
to be a close second in ROI to smoking cessation
65% of population is overweight
Obese individuals can pay up to 77% more for
medications than non -obese individuals
Proportion of diseases attributable to obesity
- Diabetes- 61%
- Heart disease 17 %`
-- Osteoarthritis - 24%
Stress Management Program
Probably the most underestimated factor
influencing healthcare costs and productivity loss
is stress
❖ Promotion of stress management programs
through an employers EAP should be considered
an effective approach to help employees lead
healthier lives and reduce healthcare costs
Directions
Directions
Reminder Regarding HIPAA Privacy Notice
Drinker Biddle Gardner Carton
Page 1 of 2
Gallagher Benefit Services, Inc.
c h i n k i n g a h` a d
Issue 1 • 2007
The privacy standards of the Health Insurance Portability and Accountability Act of
1996 ( "HIPAA ") require that, at least once every three years, a reminder of the
availability of the HIPAA Privacy Notice (and how to obtain a copy of the Notice)
be provided to health plan participants. According to the U.S. Department of
Health and Human Services, this requirement may be satisfied in a number of
ways, including:
• Providing a copy of the HIPAA Privacy Notice;
• Providing a reminder of the availability of the HIPAA Privacy Notice and
information on how to obtain a copy; or
• Including in a plan - produced newsletter or other publication information
about the availability of the HIPAA Privacy Notice and how to obtain a copy.
If one or more of your health plans is a "small health plan" (a plan subject to
HIPAA with annual premiums or claims paid that are not more than $5 million)
and participants have not been given the HIPAA Privacy Notice or a reminder of
the availability of the Notice since the original compliance date (April 14, 2004),
action must be taken by April 14, 2007. Small health plans should prepare to
meet this requirement using the most efficient and cost - effective means, such as
providing a stand -alone copy of the HIPAA Privacy Notice or the reminder by the
April 14, 2007 deadline.
In order to comply with this requirement and automatically meet the three -year
rule in the future, we recommend that a reminder of the availability of the HIPAA
Privacy Notice (and how to obtain a copy) or a copy of the notice itself, be
included with one of the company's annual communications with participants (i.e.,
the annual open enrollment package, the annual Women's Health and Cancer
Rights Act notice, or the summary annual report).
Directions
Directions
Page 1 of 2
Gallagher Benefit Services, Inc_
thinking Ltherd
Issue 1 • 2007.
Court Awards $50,000 In Attorney's Fees Over COBRA Notice
Violation
COBRA Connections
An employer was required to pay over $50,000 in attorney's fees to a former
employee who won a $100,000 judgment against the employer because the
employer failed to provide a COBRA election notice upon the employee's
termination.
Appeals court order
The Eighth Circuit reversed the district court's original denial of attorney's fees
and ordered the lower court to calculate an appropriate award. (The appellate
court upheld the lower court's judgment that statutory penalties were not
appropriate.
Calculating the award
The court first noted that it was appropriate for the employee's attorney to be
reimbursed for hours spent litigating the appeal, in addition to what was spent on
the original litigation.
Billable hours
An attorney's fee award is typically calculated by multiplying the number of
"reasonable" hours billed by the attorney by the attorney's "reasonable" hourly
rate. In this instance, the court reduced the number of billable hours claimed by
the attorney because the attorney's time records as submitted to the court did not
document all the hours the attorney stated he had worked. Thus the court
determined the attorney worked 164 hours on the original litigation and 64 hours
on the appeal.
A court may use its own knowledge of prevailing market rates to determine
whether a proposed hourly rate is reasonable. The court concluded that $250 per
hour was reasonable. The court then reduced the amount by $5,000 to reflect that
one of the two counts argued on appeal was not successful, and ordered the
employer to pay the employee $52,888 in attorney's fees (including $488 in
related travel expenses).
Source: Starr v. Metro Systems, DC MN;
Directions
Directions
Page 1 of 4
Gallagher Benefit Services, Inc..
c3iircking uhcad
Issue 1 • 2007
CMS Issues Updated Certificates of Creditable and Non -
Creditable Drug Coverage
Gallagher Benefit Services, Inc.
The Centers for Medicare and Medicaid Services (CMS) has released more
guidance on Certificates of Creditable Drug Coverage and another round of
updated certificates. The guidance includes updated model certificates, including
model certificates in Spanish, for plan sponsors to use beginning on or after
February 15, 2007. The updated certificates can be found at the CMS website .
The new guidance also adds an additional acceptable method for delivering the
certificates electronically.
BACKGROUND
The Medicare Prescription Drug and Improvement Act (MMA) added a new
prescription drug benefit (Part D) to Medicare. Regulations to implement Part D
were issued in January, 2005.
The MMA imposes a late enrollment premium penalty on Medicare eligible
individuals — i.e. over age 64 and enrolled in Medicare Parts A or B and certain
disabled individuals - who do not enroll in Part D when they first become eligible
for Medicare.
The late enrollment penalty does not apply if the individual delays enrolling in Part
D due to "creditable drug coverage" from any other source. Thus, the regulations
require plan sponsors of medical plans that include prescription drug coverage to
disclose to Medicare eligible individuals whether or not their existing drug
coverage is considered "creditable" or "non- creditable ".
CMS issued initial model disclosure notices in May 2005 to be used for the period
of November 15, 2005 through May 15, 2006. In early 2006, CMS revised the
model certificates for disclosures made on or after May 15, 2006. On September
15, 2006, CMS proposed additional revisions to the certificates. This latest round
of guidance finalizes these proposed revisions.
UPDATED CERTIFICATES
CMS has issued new model creditable and non - creditable disclosure notice
language that entities can use on or after February 15, 2007 for annual
disclosure, for new plan enrollees (those with Part D Initial Enrollment Periods on
or after February 15, 2007), and for use in future plan years.
Plan sponsors may use the new model certificates or they are free to develop their
own certificates. Plan sponsors that choose not to use CMS' model certificates
must provide notices that satisfy content standards which are described in detail
in the updated guidance on the CMS website.
http:// www. iwpubs. com/ ArticleManagement /ArticleManagementArticlePreview .asp ?articl... 5/15/2007
Directions
Page 2 of 4
Timing: The new model certificates must be provided after February 15, 2007 at the following
times:
1. Prior to the annual coordinated Part D election period that begins on
November 15 of each year;
2. Prior to an individual's initial enrollment period for the Part D drug benefit;
3. Prior to the effective date of a Medicare eligible individual first enrolling in
the employer's plan;
4. Upon any change that affects whether the coverage is creditable
prescription drug coverage; and
5. Upon a Medicare beneficiary's request.
If the certificate is provided to all plan participants annually, CMS will consider
items 1 and 2 to be met.
"Personalized" Notice: The latest guidance includes a revised personalized
disclosure notice so that Medicare beneficiaries have proof of creditable coverage
when enrolling in a Part D plan in the future. Each personalized notice must
include the following information:
• the individual's name,
• date of birth or unique member ID #,
• plan name and contact information,
• a statement of whether the plan's drug coverage is creditable or non -
creditable, and
• the date range of creditable coverage.
The personalized notice must be provided upon request or it can be used in lieu of
the standard notices. The CMS website includes a model personalized disclosure
notice.
Delivery: A single notice can be provided to a Part D eligible employee and
his /her dependents covered under the same plan. This includes hand delivery of
the notices to the employees at the workplace. A separate certificate is required if
it is known that a Part D eligible spouse or dependent resides at a different
address than the employee.
The certificate may be provided independently, or it may be combined with other
communications so long as the timing requirements are met. If the certificate is
incorporated into other materials or documents, including SPDs or open
enrollment materials, the certificate must be prominently and conspicuously
referenced in at least bolded 14 -point font in a separate box on the first page of
the materials being provided. The guidance includes a model statement for this
purpose:
If you (and /or your dependents) have Medicare or will become eligible
for Medicare in the next 12 months, a new Federal law gives you more
choices about your prescription drug coverage. Please see page xx for
more details.
Electronic delivery of the certificates is permitted if certain conditions are met.
The original guidance only permitted electronic delivery if the individual
consented to receiving an electronic certificate and was notified of the following
http:// www. iwpubs. com/ ArticleManagement /ArticleManagementArticlePreview .asp ?articl... 5/15/2007
Directions
information before they give consent to receive an electronic certificate:
Page 3 of 4
• their right to obtain a paper version of the certificate;
• how to withdraw consent; and
• any hardware or software requirements necessary to access and retain the
certificate.
If the individual consented to receive an electronic certificate, they had to provide
a valid email address to the employer and the consent had to be submitted
electronically.
Under the new guidance, a group health plan can also provide a creditable
coverage disclosure notice electronically to plan participants who have the ability
to access electronic documents at their regular place of work and they have
access to the plan sponsor's electronic information system on a daily basis as part
of their work duties. If this electronic method of disclosure is chosen, the plan
sponsor must inform the plan participant that the participant is responsible for
providing a copy of the electronic disclosure to their Medicare eligible dependents
covered under the group health plan.
ACTION STEPS
• Go to the CMS website and download the applicable certificates.
• Customize the certificates based on the employer's own Rx plan and
coverage.
• Distribute the new certificate for any of the purposes described above made
on or after February 15, 2007.
If you have any questions about these changes or would like copies of the model
certificates, you can link to the CMS web page or contact your Gallagher Benefit
Services representative.
Return to Article Index
Gek
GASB 45 RETIREE HEALTH AND WELFARE VALUATIONS
In June 2004, the Governmental Accounting
Standards Board (GASB) issued Statement No.45
(GASB 45). This statement requires that expenses
associated with retiree health benefits be accrued
over the working lifetime of employees, rather than
expensed on a pay -as- you -go basis as retirees incur
claims. The statement establishes uniform financial
reporting and accounting standards for state and
local governmental employers related to post -
employment benefits other than pensions (OPEB). It
requires that all governmental entities begin
reporting in accordance with the new statement over
the next several years, depending on the entity's
size.
Prior to GASB 45, most postretirement plans were
accounted for on a "pay -as- you -go" basis; that is,
costs were recognized only as benefits (or
premiums) were actually paid out. Postretirement
medical and life benefits are a form of deferred
compensation, and as such, they should be
recognized on an employer's financial statement as
services are rendered. Thus, under GASB 45,
accrual accounting will now be the standard for
governmental entities.
Gallagher Benefit Services, Inc. (GBS) can help you
in the following ways:
GASB 45 Valuation
GBS will thoroughly analyze all facets of an
employer's retiree health plan, including a detailed
analysis and projection of current and future
expected retiree plan expenses. Through the use of
our sophisticated modeling tool. GBS can handle the
unique characteristics of any employer's post -
retirement benefit program.
We will issue a formal valuation report that includes
all the expense and liability values and disclosures
required by GASB 45. This will include such key
items as:
• Actuarial Accrued Liability — the portion of
the future expected benefit payments that has
been accrued to date.
• Annual Required Contribution — the portion
of the future expected benefit payments that
has been allocated to the current year.
• Net OPEB Obligation — the cumulative
difference between the required contributions
and the employer' s actual contributions to the
plan.
Implicit Subsidy
The most obvious liability that GASB addresses is
the direct contribution that an employer pays toward
the cost of retiree health care. However, public
employers that combine active and retiree claims
experience to arrive at a "blended cost," which
becomes the cost basis for retiree's coverage, will
have to recognize the implicit subsidy associated
with retiree coverage.
The blended cost technique is widely used, and in
many states public employers are prohibited by law
from charging more than this blended cost. In most
cases, the true cost associated with retirees is greater
than the blended active and retiree cost. If so, even if
retirees pay 100% of the blended cost, there is still a
cost to the employer (the implicit subsidy), and
under GASB 45 the employer must recognize it.
Data Needs
What types of information are needed for a GASB
45 valuation? Generally, we believe the following
information is required:
• a complete current census
• at least two years of claim and enrollment
data, separately for
o Actives,
o Retirees <65, and retirees 65 +,
o By coverage type
• retiree benefits plan design
• retiree coverage eligibility requirements
• retiree contribution requirements
For more information about Gallagher Benefit
Services, Inc., please call us at (609) 452 -2488 or
visit our website at www.gallagherbenefits.com.
Gallagher Benefits Services .125 -310 Village Boulevard, Princeton, NJ 08540. Phone: 609 - 452 -2488. Fax: 609- 452 -2668
www.gallaitherbenefits.com 9/06
Gallagher Benefit Services, Inc.
Deadline Approaching for GASB 45 Compliance
by Public Entities
The deadline is rapidly approaching for
public entities to comply with Govemmental
Accounting Standards Board (GASB)
Statement No. 45. GASB 45 requires that
expenses for retiree health benefits be accrued
over the working lifetime of employees rather
than expensed on a pay -as- you -go basis.
The impact on a public employer's financial
statement can be dramatic.
Effective Dates
For larger public employers, those with
more than $100 million in annual revenues,
GASB 45 is effective for the fiscal year
beginning after December 15, 2006. The
same requirements must be met by smaller
public employers one to two years thereafter,
depending on annual revenues.
Overview
GASB 45, issued in June 2004, established
uniform financial reporting and accounting
standards for state and local govemmental
entities related to Other Post - Employment
Benefits (OPEB) other than pensions.
GASB 45 will require retiree health benefits,
including medical, dental, vision, life and
long -term care insurance, to be measured and
reported on an accrual basis.
While direct employer contributions toward
these retiree benefits are to be included, any
implicit subsidies will also be considered an
employer obligation, and are to be included
in these reported liabilities. It is this implicit
subsidy that will greatly expand the reach and
implications of GASB 45.
Financial Impact
The financial impact on a public employer
can be significant. Depending on plan
design, contribution levels and employee
demographics, the GASB 45 expense can be
as much as two to six times the pay- as -you-
go cost, or a potential liability of as much as
$100,000 per active employee.
GASB 45 ACTION STEPS
• Review practices and documentation
• Conduct actuarial valuation
• Evaluate current plan provisions and
impact of altematives for:
Eligibility — age /service
Plan design
Contribution methodology
Financing /funding
Medicare D /Medicare Advantage
alternatives
• Develop future plan strategy and design
• Assess and select funding approach
• Finalize financial reporting
GBS Services
Employers should be starting their GASB
valuations soon to give those responsible for
budgets the results well ahead of the beginning
of the year, and to allow time for data
collection, valuation processing and review
of viable plan alternatives. GBS offers these
services to assist with GASB 45 compliance:
• Actuarial valuation, including determination
of direct costs and implicit subsidies
• Plan analysis and review, including plan
design modeling: how changes in plan design,
eligibility and retiree contributions will
impact an employer's liability and expense
• Development of pre - funding strategies to
address unfunded liabilities
• Implementation and communications
assistance
For more information, contact a GBS
representative or visit our website at
www.gallagherbenefits.com.
lic Risk Management Health Tr
n Alternative to Individual Purchasing of Health Care
Richard Schell
Area Vice President
Gallagher Benefit Services
One Boca Place
2255 Glades Road, Suite 400E
Boca. Raton, FL 334.41 ,
(561), 998.6733
• ::Current Market Conditions / Medical Trends
• Self Insurance as a Funding Method
• Advantages of Group Purchasing
tate Statute
►flows county, municipality, community
college d strict, school board to cooperative
purchase
Front End Advantages
+Avoid state premium taxes
••
Eliminate carrier profits /margins
Fund only actual claims
+More clout with market place
.I K.;
vantages of Group Purchasing
(continued)
❖ Pool Surplus
Benefit Enhancements
+ Offset future increases
Advantage
+ Pooling risk is cheaper
❖ Lower reinsurance costs
:•Liberal underwriting
vantages of Group Purchasin
continue
reserves and surplus remain with the plan.
❖Any and all excess funds remain with entities
rack End Advantages
.....:::.. .
+Safety in numbers
+smoother budget process
+renewals predictable
PRM Health Trust
.•o eratingsince
Offering 7medical plans, life insurance, & dental
insurance
Fully funded program
Consistent Growth
Three: layers of service
Control
PUBLIC RISK MANAGEMENT
Benefit Comparisions
Effective October 1, 2006
(Birth to age 16) to age 16)
At Office Visit $15 Copay Ded, then 70% of allowance $15 Copay Ded, then 60% of allowa
Icy Room/Hospital
Calendar yr. Ded. then 90% of Calendar yr. Ded, then 70% of Calendar yr Ded, then 80% of Calendar yr Ded, the 60°
/Accidents allowance (No E.R. Ded). Cal Year allowance (No E.R. Ded). Cal Year allowance (No E.R. Ded). Cal year allowance (No E.R. Ded). Cal
ded waived if accident ded waived if accident ded waived if accident waived if accident
It
Mental/Nervous Ded, then 90% of allowance. 30 days Ded, then 70% of allowance. 30 Ded, then 80% of allowance. 30 days Ded, then 60% of allowance.
per calendar yr. days per calendar yr. per calendar yr. per calendar yr.
ent Mental/Nervous Ded, then 90% of allowance. 20 visits Ded, then 70% of allowance. 20 Ded, then 80% of allowance. 20 Ded, then 60% of allowance.
per calendar yr. visits per calendar yr. visits per calendar yr. per calendar yr.
it/Out-Patient Substance Abuse Ded, then 90% of allowance. $2,500 Ded, then 70% of allowance. Ded, then 80% of allowance. $2,500 Ded, then 60% of allowance.
lifetime max. $2,500 lifetime max. lifetime max. lifetime max.
[ion Drugs (Includes coverage One Month Supply One Month Supply
:ontraceptives and Diaphragms)
is $7 Copay N/A $10 Copay N/A
red (Brand) $ 14 Copay (Brand) N/A $25 Copay (Brand) N/A
'referred N/A N/A N/A N/A
lion Mail Order 90 Day Supply 90 Day Supply
c $14 Copay N/A $20 Copay N/A
-ed (Brand) $28 Copay (Brand) N/A $50 Copay (Brand) N/A
referred (Brand) N/A N/A N/A N/A
I summary only and is not intended to be a complete description of covered services. More complete information is contained in the Group Contract /Certificate. if a
Lucy arises between this benefit summary and the actual Group Contract /Certificate, the actual Group Contract /Certificate will prevail in all circumstances.
PRM - Plan 702 P
PRM - Plan 719
" I I n Network .:_ ; O
Out,of Network. I
I n .
.
m Lifetime Benefit $
$5,000,000 $
$5,000,000 $
$5,000,000 $
$5,000,000
Ded $
$200 $
$200 $
$500 $
$500
)ed $
$600 $
$600 $
$1,500 $
$1,500
in Annual Out of Pocket $
$1,500 $
$1,500 $
$1,500 $
$1,500
m Family Out of Pocket $
$4,500 $
$4,500 $
$4,500 $
$4,500
ince 9
90% of allowance 7
70% of allowance 8
80% of allowance 6
60% of allowance
n Office Visit $
$15 Copay D
Ded, the 70% of allownace $
$15 Copay D
Ded, then 60% of allowa
Visits - Annual exam
$15 copay, $250 calendar year max 7
70% of allowance, Ded waived, $
$15 copay, $250 calendar year max 6
60% of allowance, Ded waive
I summary only and is not intended to be a complete description of covered services. More complete information is contained in the Group Contract /Certificate. if a
Lucy arises between this benefit summary and the actual Group Contract /Certificate, the actual Group Contract /Certificate will prevail in all circumstances.
PUBLIC RISK MANAGEMENT
Benefit Comparisions
Effective October 1, 2006
PR1 1 - Plan 125
In Netwar
Maximum Lifetime Benefit
Annual Ded
$5,000.000
$5,000,000
Family Ded
Maximum Annual Out of Pocket
Maximum Family Out of Pocket
Coinsurance
Physician Office Visit
$1,000
$3,000
$2,000
$6.000
80% of allowance
$1,000
$3.000
$2,000
$6,000
50% of allowance
Ded, then 80% of allowance
Ded, then 50% of allowance
Wellcare Visits - Annual exam
Ded, then 80% of allowance
Ded, then 50% of allowance
Adult / OB /GYN
- Child health
Specialist Office Visit
Ded, then 80% of allowance
Ded, then 80% of allowance
Ded, then 50% of allowance
Ded, then 50% of allowance
Emergency Room/Hospital
- Illness /Accidents
In- Patient Mental/Nervous
Calendar yr Ded, then 80% of
allowance ($50 E.R. Ded, waived if
admitted)
Ded, then 80% of allowance. 30 days
per calendar yr.
Out - Patient Mental /Nervous
In- Patient/Out- Patient Substance Abuse
Ded, then 80% of allowance. 20 days
per calendar yr.
Ded, then 80% of allowance. $2,500
lifetime max.
Prescription Drugs (Includes coverage
for oral contraceptives and Diaphragms)
- Generic
- Preferred (Brand)
- Non- Preferred
Prescription Mail Order
- Generic
- Preferred (Brand)
- Non- Preferred (Brand)
One Month Supply
Calendar Ded, then 50% of allowance
($50 E.R. Ded, waived if admitted)
Ded, then 50% of allowance. 30 days
per calendar yr.
Ded, then 50% of allowance. 20 days
per calendar yr.
Ded, then 50% of allowance. $2.500
lifetime max.
$100 Rx Ded, then 80%
$100 Rx Ded, then 80%
$100 Rx Ded, then 80%
N/A
N/A
N/A
Not Covered
Not Covered
This is a summary only and is not intended to be a complete description of covered services. More complete information is contained in
the Group Contract /Certificate. If a discrepancy arises between this benefit summary and the actual Group Contract /Certificate, the
actual Group Contract /Certificate will prevail in all circumstances.
PUBLIC RISK MANAGEMENT
Benefit Comparisons
Effective October 1, 2006
Maximum Lifetime Benefit
Single Ded
RIO
t`
$5,000,000
0 PI*
Family Ded
Maximum Annual Out of Pocket
Maximum Family Out of Pocket
Coinsurance
Physician Office Visit
N/A
$1,500
$3,000
N/A
O'
$ 5,000,000
N/A
$1,500
$3,000
N/A
lan 1748
Out of Network
$5,000,000
$0
$1.500
$3,000
$0
$1,500
$3,000
$6,000
60% of allowance
$10 Copay
$15 Copay
$10 copay
Ded, then 60% of allowance
$10 Copay
$35 Copay
$10 Copay - $250 cal year
max
Ded, then 60% of allowance
Wellcare Visits - Annual exam
Adult / OB /GYN
- Child health
Specialist Office Visit
$10 Copay
$10 Copay
$10 Copay
$10 copay
$10 copay
$20 copay
Ded, then 60% of allowance
Ded, then 60% of allowance
Ded, then 60% of allowance
Emergency Room/Hospital
- Illness /Accidents
$50 Copay (waived if
admitted)
$50 Copay (waived if
admitted)
$50 copay (waived if admitted)
$400 per day (ground travel)
$4,000 per day (air & water
travel)
$100 copay (waived if admitted)
$400 per day (ground travel)
$4,000 per day (air & water travel)
Inpatient Hospital
$250 Per Admission
In- Patient Mental /Nervous
$250 Per Admission
30 days per calendar yr.
$150 per day for days 1 -5.
$750 per admission max.
$150 per day for days 1 -5.
$750 per admission max.
$50 copay
Ded, then 60% of allowance
$20 Copay, 20 days per
calendar yr.
Out- Patient Mental /Nervous
1n- Patient /Out - Patient Substance Abuse
$25 Copay Per Visit
20 Visits Per Calendar
Year
Inpatient: $250 Per
Admission
(detoxification only)
Outpatient: $15 Copay Per
Visit
In-Patient/Out-Patient: 20
Days Per Calendar Yr.
Prescription Drugs (Includes coverage
for oral contraceptives and Diaphragms)
- Generic
- Preferred
- Non - Preferred
Prescription Mail Order
- Generic
- Preferred
- Non - Preferred
One Month Supply
$25 Copay Per Visit
20 Visits Per Calendar
Year
Inpatient hopital copay, $2,500
lifetime max.
Ded then 60% of allowance, 20 days
per calendar yr.
$750 Copay, Ded then 60% of
allowance, $2,500 lifetime max.
$150 per day for days 1 -5.
$750 per admission max.
Detoxifi cation only
$20 Copay, 20 days per
calendar yr.
Ded then 60% of allowance, 20 day
per calendar yr.
One Month Supply
$10 Copay
$25 Copay
$40 Copay
$10 copay
$25 copay
$40 co .a
90 Day Supply
$14 Copay
$28 Copay (Brand)
N/A
$20 copay
$50 copay
$80 copay
This is a summary only and is not intended to be a complete desrcription of covered services. More complete information is contained in the Group
Contract /Certificate. If a discrepancy arises between this benefit summary and the actual Group Contract /Certificate, the actual Group Contract /Certificate
will prevail in all circumstances.
PUBLIC RISK MANAGEMENT
Benefit Comparisons
Effective October I, 2006
i ' '�
•; Proposed Blue Options PI 1160 = Indiv ➢dual Pin n
Proposed Blue Options
Plan 3161 - Family Plan
In Network,
Out of Networ k .
7n N etworiz ' ;." '
Out of Network . .
imum Lifetime Benefit
$5,000.000
$5.000.000
$5.000,000
$5.000.000
le Ded
$1,250
$2.500
N/A
N/A
Ilv Ded
N/A
N/A
$2.500
$5.000
imum Annual Out of Pocket
$5.000
$10.000
N/A
N/A
imum Family Out of Pocket
N/A
N/A
$5,000
$10,000
surance
80% of allowance
60% of allowance
80% of allowance
60% of allowance
ician Office Visit
Ded, then 80% of allowance
Ded. then 60% of allowance
Ded. then 80% of allowance
Ded, then 60% of allowance
care Visits - Annual exam
t / OB /GYN
tild health
80% of allowance (ded waived)
up to $250 per cal year
Ded. then 80% of allowance
Ded, then 80% of allowance
60% of allowance (ded
""awed) up to $250 per cal
year
Ded, then 60% of allowance
Ded, then 60% of allowance
80% of allowance (ded waived)
up to $250 per cal year
Ded. then 80% of allowance
Ded, then 80% of allowance
60% of allowance (ded waived
up to $250 per cal year
Ded, then 60% of allowance
Ded, then 60% of allowance
ialist Office Visit
Ded. then 80% of allowance
Ded, then 60% of allowance
Ded. then 80% of allowance
Ded, then 60% of allowance
rgency Room /Hospital
Bess /Accidents
Ded. then 80% of allowance
(waived if admitted)
Ded, then 60% of allowance
(waived if admitted)
Ded. then 80% of allowance
(waived if admitted)
Ded, then 60% of allowance
(waived if admitted)
ient Hospital
Option 1 - Ded, then 80%
Option 2 - Ded. then 75%
Option 3 - Ded, then 70%
Ded, then 60% of allowance
Option 1 - Ded, then 80%
Option 2 - Ded, then 75%
Option 3 - Ded. then 70%
Ded. then 60% of allowance
rtient Mental/Nervous
Ded, then 80% of allowance.
30 days per calendar yr.
Ded, then 60% of allowance.
30 days per calendar yr.
Ded, then 80% of allowance. 30
days per calendar yr.
Ded, then 60% of allowance. 31
days per calendar yr.
anent Mental/Nervous
Ded, then 80% of allowance. 20
days per calendar yr.
Ded, then 60% of allowance.
20 days per calendar yr.
Ded. then 80% of allowance. 20
days per calendar yr.
Ded, then 60% of allowance. 21
days per calendar yr.
�tient/Out- Patient Substance Abuse
Ded, then 80% of allowance.
$2,500 lifetime max.
Ded, then 60% of allowance.
$2,500 lifetime max.
Ded. then 80% of allowance.
$2,500 lifetime max.
Ded. then 60% of allowance.
$2,500 lifetime max.
ription Drugs (Includes coverage
rat contraceptives and Diaphragms)
neric
ferred
,n- Preferred
BlueRx Discount Program
N/A
BlueRx Discount Program
N/A
ription Mail Order
neric
ferred
n- Preferred
BlueRx Discount Program
N/A
BlueRx Discount Program
N/A
is a summary only and is not intended to be a complete desrcriptoon of covered services. More complete information is contained in the Group
ract /Certificate. If a discrepancy arises between this benefit summary and the actual Group Contract/Certificate, the actual Group Contract /Certificate wil
mil in all circumstances.
RISK TRANSFER THROUGH CONTRAC
MANAGEMENT
AVELERSJ
TRAVELERS
Insurance. In- synch:'
RISK TRANSFER THROUGH CONTRACT
MANAGEMENT
The purpose of this document and any activities to its creation
("The St. Paul Travelers Activities ") was to develop current
underwriting information and/or to assist you with your legal
responsibility to maintain safe premises, practices, operations
and equipment. The St. Paul Travelers Activities do not cover
all possible hazardous conditions or unsafe acts that may
exist, are not legal advice, are not for the benefit of any other
party and do not amend, or otherwise affect the terms,
conditions or coverages of any insurance policy issued by The
St. Paul Travelers. Implementation: of any practices suggested-
by this document is at your sole discretion. The St. Paul
Travelers disclaims all warranties, express or Implied and
assumes no liability to any party for any damages arising out
of or in connection with The St. Paul Travelers activities.
TRAVELERS;
Risk Transfer— Page #1
V TRAVELERS
insurance. In- synch:
Contractual Risk Transfer
• Second only to the purchase of insurance (or other
forms of risk - sharing), contractual risk transfer is the
most common form of risk financing.
TRAVELERS,
Contractual Risk Transfer
• Reasons for Risk Transfer
• Transferee can better
manage the risk.
• Transferee is not a target
defendant
• Potential exposure is too
great.
TRAVELERS.i
Contractual Risk Transfer
• Contract Overview
• Drafting
• Contract management
TRAVELERS
Risk Transfer— Page #2
TRAVELERS
insurance. In- synch:"
Contractual Risk Transfer
• Contract Litigation
• Most ligation occurs when the parties are not
properly prepared to enter into the contract, or failed
to monitor the terms and conditions of the contract
TRAVELERS!
Contractual Risk Transfer
• Contract — What Is It?
• Simple purchase order.
• Standard boiler plate contract (Form books — photo
copier contract).
• industry drafted contract.
• Specially drafted contract for specific purpose or
project. (Generally drafted by an attorney).
• Mutual aid agreements.
• Joint powers agreements.
r.
TRAVELERS_'' .w
Contractual Risk Transfer
• Contract Drafting
• All contracts should have a central point of
origin:
- Administrator
Commissioner
City Council
• All contracts should have a central place to
be monitored:
- Administrator
- Finance Director
TRAVELERS;
Risk Transfer— Page #3
TRAVELERS
Insurance. In- synch:
Contractual Risk Transfer
• Let's Put This Issue Into Perspective
• W�jats tAd probfetn wlm saylny in a contract the coritrador al perform
Ha pn g6 rdmanne1
to dollar akead�R
Y °.w.
Contractual Risk Transfer
• Makes it a term of the contract instead of a tort liability.
• Many insurance policies do not cover breach of contract
claims.
• Changes statutory notice requirements.
• Attorney fees are recoverable in breach of contract
claims and not In tort claims.
• Statute of limitations change.
- 4 years tort.
- 6 years for breach of contract.
TRAVELERS_'
Contractual Risk Transfer
• Questions We Should Ask of All Contracts
• Have the final contract terms been negotiated? By
whom, when?
• Has the contract been read and approved by legal
stair? When, and Is it In the record? (11II make the
lawyer look closer if in writing).
• Have yia accepted any insurance obligations for the
contractor? WHY?
TRAVELERS!
Risk Transfer — Page #4
TRAVELERS
insurance. in-synch:"
Contractual Risk Transfer
• Questions We Should Ask of All Contracts
(continued)
• Has our governing board approved the contract?
When, where?
• Who is authorized to sign?
• Has the contract been properly executed —
Signed, dated notarized, put into the record or
minutes as approved?
• Have all parties signed?
TRAVELERS:
Contractual Risk Transfer
• Coordination and Cooperation Between Risk
Management, Legal Counsel, Broker, Department
Head or Elected Officials
• Has indemnification or hold harmless language been
used in the agreement that provides optimum protection
to our public entity?
Has proof of insurance provisions been used and have
we received a certificate of Insurance from vendor?
Have we requested to be named as an additional
insured on our contractor's insurance policy?
Have we requested to be notified of cancellation of the
policy?
TRAVELERS.
Contractual Risk Transfer
Two Part Process:
• Indemnification
• Cleary states responsibility for injury, damage, or loss arising
out of the service or work.
• Maintains avenue for recovery if contractor's insurance is
invalid or inadequate.
Insurance Requirements
• Financial support of indemnification.
• Specifies necessary coverage and limits.
• Provides indemnitee some specific rights under contractors
(Indemnitors) policies.
TRAVELERS.'
Risk Transfer — Page #5
TRAVELERS
insuranceein- synch"
Contractual Risk Transfer
• Risk Managers Guide to Problem Contract Terms and
Clauses
• Indemnity.
• Jurisdiction.
• Contract for coverage beyond your insurance.
OM !tut, malicious act).
• Incorporation by reference.
• Limitation of damages, consequential damages
and liquidated damages.
• Limitation of warranties.
• Waiver of subrogation.
TRAVELERS: w
Contractual Risk Transfer
• Indemnify
• The contractor agrees to directly reimburse the City/County.
• Defend
• The contractor (Or contractors Insurer) agrees to defend, or pay
defense costs of City/County.
• Hold Harmless
• The Contractor agrees to pay losses on behalf of the indemnitee.
Contractor holds the City/County harmless from financial
responsibility for a loss.
TRAVELERS:
Contractual Risk Transfer
• Indemnification Clause
• Limited Form. Requires contractor to be
responsible for its own negligence.
- Sample Clause. 'Contactor agrees to hold
harmless and'ndemnify City /County for habday
arising out of the actMties of contractor and it
employees'
4A•
TRAVELERS.,
Risk Transfer — Page #6
TRAVELERS
Insurance. In- synch:"
Contractual Risk Transfer
• Indemnification Clause
• Intermediate Form. Requires contractor to be
responsible for its own negligence or the joint
negligence of the Contractor and the City/County.
- Sample Clause. "Cordractor agrees to hold harmless and
indemnify the City /County for aW. Wabifay arising out of the
project, except that arising out of the sole negligence of
the City /County.°
TRAVELERS
Contractual Risk Transfer
• Indemnification Clause
• Broad Form. Requires contractor to be
responsible for at liability arising out of the
project. (Including the sole negligence of the
City/County)
- Sample Clause. °Contractor agrees to hold ham less
and indemnify City /County for all Wabaty arising out of
the project'
TRAVELERS)
Contractual Risk Transfer
• Sample Language
CONTRACTOR agrees to indemnify, defend (City's option),
and hold harmless City, Its officials, agents, employees,
and representatives from and against any and all claims,
demands, defense costs, liability, or consequential
damages of any kind or nature (collectively referred to
hereinafter as "Claims ") arising out of or in connection with
Contractor's (or Contractor's subcontractors, if any) work,
performance or failure to perform, under the terms of this
contract; except for those Claims which arise out of the
sole negligence or willful misconduct of City.
TRAVELERSJ w
Risk Transfer— Page #7
V TRAVELERS
insurance. in-synch:"
Contractual Risk Transfer
• Named vs. Additional Insured
• Named Insured required to:
- Be responsible for premium.
- Allow insurer to examine and audit records.
- Report losses.
- Be responsible for accuracy of information.
- Accept some exclusions, e.g. property damage.
.A.
TRAVELERS•
Contractual Risk Transfer
• Additional Insured
• Not responsible for claims reporting, premium payments
and audit.
• Right to defense.
• Additional insured status is not a substitute for
indemnification since policy exclusions or conditions
apply.
• Remember, must be endorsed onto policy.
TRAVELERS.:
To the maximum extent permitted by law, in no event shall Vendor,
its affiliates a contactors be liable for any indirect incidental,
special, punitive or consequential damages or for any lost or
imputed profits or revenues or lost data or costs of cover arising
from or related to the service or this agreement regardless of the
legal theory under which such liability Is asserted. Whether breach
of warranty, indemnification, negligence, strict liability or otherwise,
and whether liability is asserted in contract, tort or otherwise, and
regardless of whether Customer has been advised of the possibility
of any such liability, loss or damage, Customer's remedies under
this Agreement shall be limited to those set forth in the SLA, if
applicable. In addition, Vendor's total aggregate liability arising
from or related to the service or this agreement shall in no event
exceed an amount equal to the average monthly recurring charge
paid to Vendor by Customer for the Individual port which gives rise
to such liability. Customer hereby waives any claim that these
exclusions a limitations deprive It of an adequate remedy or cause
this agreement to fall of its essential purpose.
TRAVELERS_
Risk Transfer— Page #8
TRAVELERS
Insurance. In- synch:"
(another example)
You acknowledge and agree that we are not and will not be responsible for
any losses, injuries, or damages (liability) arising from the installation,
operation, condition, possession, or use of the Vendor's products rented or
licensed by you pursuant to any injuries or damages arising out of Me
installation, operation, possession or use of the Vendor's product rented or
released to you.
IN NO EVENT WILL WE BE LIABLE UNDER THIS AGREEMENT OR
ANY SUPPLEMENT FOR INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL CLAIMS, LIABILITIES, DAMAGES, ACTIONS, COSTS OR
EXPENSES, INCLUDING LOSS OF BUSINESS OR PROFITS, NOR WILL
OUR TOTAL LIABILITY UNDER THIS AGREEMENT OR ANY
SUPPLEMENT EXCEED THE TOTAL AMOUNT OF RENTAL FEES PAID
TO US UNDER THE TERMS OF THIS AGREEMENT AND ANY
APPLICABLE SUPPLEMENT.
TRAVELERS.:
PURCHASER shall indemnify and hold ARTIST and ARTIST'S
employees representatives, management and attomeys harmless
from and against any and all claims, demands, actions, damages,
liability, costs and expenses Including attorney's fees arising out of
or in conjunction with any matter that arises as a result of this
engagement including but not limited to cancellation of this
engagement or failure to perform by the ARTIST, to personal injury,
death and loss of or damage to property which occurs in
connection with any performance by ARTIST with the exception of
ARTIST'S negligence or willful misconduct.
•Please Note: TSO will be using Pyrotechnic, Laser & Fog special effects
in the stage show. PURCHASER will be responsible for all permits,
licenses, certificates and insurance as outtned In Section 11. In most cases
our suppers wit secure all permits and make all payments, which will be
billed back at settlement. Please contact the Pyrotechnic and Laser
supphers direly to discuss these responsibilties.
TRAVELERS'
(another example)
•ARTIST shall not be responsible for damage or injury to any
patrons or the venue, or any fixtures or personal property therein,
caused by fans or any other persons admitted to the venue, other
than ARTIST or ARTISTS crew, PROMOTER shall indemnify and
hold ARTIST harmless from any third party claims concerning the
foregoing as provided in paragraph 12B. Hereof, and no claim,
deduction or offset shall be made by PROMOTER in respect of It
TRAVELERS.. A.
Risk Transfer— Page #9
IF TRAVELERS
insurance. in- synch:
(another example)
PROMOTER agrees to indemnify and hold harmless ARTIST and
ARTIST'S employees, members, officers, directors, shareholders,
contractors, representatives, successors, assigns and agents from
and against any and all claims, costs (including attorney's fees and
court costs), expenses, damages, liabilities, Tosses and/or
judgments arising out of, or In connection with, any claim, demand
or action made by any third party for personal injury, death,
property damage or otherwise, if sustained as a direct or indirect
consequence of the engagement or any breach or alleged breach
of any warranty, representation or covenant made by PROMOTER
hereunder or in the aftached contract
w
TRAVELERS;
Contractual Risk Transfer
• Jurisdiction (Goveming Law)
"The laws of the State of will govern the validity of
this Agreement, its interpretation and performance. Any
litigation arising In any way from this Agreement shall be
brought in the courts of that State."
TRAVELERS.:
Contractual Risk Transfer
• Contract for Insurance Coverage Beyond Your
Insurance
• Guarantee.
• Waiver of subrogation.
• Willful act.
• Insure all parties or sub - contractor.
TRAVELERS
Risk Transfer— Page #10
TRAVELERS
insurance. in-synch:"
Contractual Risk Transfer
• Incorporation by Reference
The parties hereby agree to abide by at terms and
conditions of a certain contract and design specifications as
set forth as an addendum X to this contract"
TRAVELERS.:
Contractual Risk Transfer
• Limitation of Damages
Consequential Damages
"Notwithstanding any other provision of the Agreement, neither party
shall be liable to the other for any consequential damages incurred due
to the fault of the other party, regardless of the nature of this fault or
whether It was committed by the Cfient or the Design Professional, their
employees, agents, sub consultants or subcontractors. Consequential
damages Include, but are not limited to, loss of use and loss of profit'
A
TRAVELERS"
Contract Risk Transfer
• Limitation of Damages
'To the maximum extent permitted by law, the
Client agrees to limit the Design Professional's
liability for the Clients damages to the sum of
$ or the Design Professional's fee,
whichever is greater. This limitation shall apply
regardless of the cause of action or legal theory
pled or asserted."
.era.
TRAVELERS;
Risk Transfer— Page #11
TRAVELERS
Insurance. In-synch:"
Contractual Risk Transfer
• Limitation of Warranty
No Warranty
The Design Professional makes no warranty, either expressed or
implied, as to his or her findings, recommendations, plans,
specifications, or professional advice. The Design Professional has
endeavored to perform the services pursuant to generally accepted
standards of practice in effect at the time of performance .°
TRAVELERS!
Contractual Risk Transfer
• Waiver of Subrogation
The parties hereby agree to waive all claims arising from
any act of the contractor, his sub - contractor or
representative."
TRAVELERS.:
Contractual Risk Transfer
• Waivers of Subrogation
• Common in Property Leases.
• Each Insures its Own.
• Applicable in Other Agreements.
• Generally Acceptable "Before a Loss ".
• Never Acceptable "After a Loss ".
• Do you Have the Unilateral Right to Agree? Do They?
TRAVELERS;
Risk Transfer— Page #12
V TRAVELERS
Insurance - In- synch:
Contractual Risk Transfer
• Dispute Resolution
• Alternative Dispute Resolution (ADR):
- Binding Arbitration. (Most Common)
- Non Binding. (Mediation)
- Sometimes Limited by Claim Size.
• Jurisdiction Issues (Try to Specify).
• Limit Specific Types of Damages in ADR.
• Include Specific Types of Damages in ADR.
• Declaratory Relief.
TRAVELERS,
Contractual Risk Transfer
• Central Management
Each entity should designate a person for
managing the contracts after their adoption.
- Commissioner
- Administrator
- Finance
- Risk Manager
TRAVELERS_; .ate.
Contractual Risk Transfer
• Steps in Contract Monitoring
Effective date.
Due date of payments.
Termination date.
Renewal date.
Inspection or completion date.
- Insurance requirements.
Has all Insurance documentation been provided.
Discharge or project acceptance date.
On structures - When do we accept control.
Make sure our insurance carrier is notified?
Final inspection and acceptance by entity date.
II►.
TRAVELERS.'-
Risk Transfer— Page #13
TRAVELERS
insurance. in- synth:`
Contractual Risk Transfer
• "This contract reviewed as to form and not as to
content.
• LAWYER WEASEL WORDS.
TRAVELERS;
Risk Transfer— Page #14
TRAVELERS ..I
Insurance. in• synch_"
Dennis Molenaar
2nd Vice President, Risk Control
Public Sector Services, Financial and
Professional Services and Coil and Gas
Travelers
Dennis Molenaar is national director of risk control for Public Sector Services, Financial
and Professional Services and Oil and. Gas of Travelers. He is responsible for
developing, directing and implementing strategic plans related to risk control services
that support the goals of the three business units. Molenaar is also responsible for
assisting in the development of underwriting policies, supporting product development
and monitoring loss trends and legal issues within the public sector, financial and
professional services and oil and gas industries.
Molenaar joined The St. Paul Companies in 2002 as technical director of Public Sector
Services. From 1990 to 2002, Molenaar was chief legal counsel and risk manager for
Kootenia County, Idaho. Molenaar began his career as a police officer for the city of
Grand Forks, N.D. in 1973. From 1973 to 1976, he was a special agent in charge for the
North Dakota Bureau of Criminal Investigation. Molenaar serve as an assistant city
attorney, assistant states attorney and as a partner in Nelson. Kalash, Molenaar and
Gronnenberg in Grand Forks, North Dakota from 1980 to 1990. He was appointed to his
current position in July 2004.
Molenaar earned his bachelor's degree in Public Administration and his law degree from
the University of North Dakota. He is a member of the Defense Research Institute (DRI)
and the Public Risk Management Association (PRIMA).
• • ••-••••
f`" z 14
ftorida institute of Consulting engineers
AMERICAN COUNCIL OF ENGINEERING COMPANIES OF FLORIDA
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE OF FLORIDA
haw,t uu. w a c•,w�rery
AMMO, al
Bait. 4aK.or
Consultants' Competitive
Negotiation Act
What does QBS mean?
Qualifications -based selection of
professional services
Public Procurement Law
• Basic intent — fair and open competition
• Reduces opportunity and appearance of
favoritism
• Inspires public confidence that contracts are
awarded equitably
• Uniform procedures and documentation are
essential to curb improprieties and ensure
ethical process
44- ; 1.els<
1
To whom does CCNA apply?
to professional services provided by:
• Engineers
• Surveyors
• Architects
• Landscape Architects
Who must use CCNA for procurement?
All Government Agencies, including City, County and State governmental
agencies, political subdivisions and school boards and school districts
for...
studies where compensation exceeds $25,000, and in construction
where the cost of construction compensation exceeds $250,000
... continuing contracts where, in the case of studies, compensation does
not exceed $50,000 and, in the case of construction, the cost of
construction compensation does not exceed$1 million
Also, a recent amendment to the law stipulates that consulting firms
providing professional services under continuing contracts shall not be
required to bid against each other.
Why use CCNA for procurement?
• It's the LAW since 1973...
• The Owner selects the best - qualified firm
• Promotes team approach between Owner and
Design professional
• Encourages technological innovation
2
n.o:.xz,n..d u.,,..
• The Owner is not limited to the low bidder
• CCNA process safeguards the public against
abuses of the low -bid system
• Provides life -cycle savings and total "least
cost" for a project
History
• 1972 — The Federal "Brooks" Law signed
• Codified into federal law the qualifications -based
selection process for A/E services
• 1973 — became Florida Law
• 1984 Competition in Contracting Act
If your engineering solicitation language is similar to
the following, then the RFP /RFQ likely violates the
CCNA (Section 287.055, Chapter 287, Title 19 Florida
Statute):
"Billing Rates — Include a copy of the most current
billing rates for individuals who may be assigned to
this project."
"Fee proposal is worth 5 points in your evaluation.'
con't...
3
"Request for engineering services hourly rate."
"Lump sum price."
"Balance and reasonableness of proposed unit
pricing / professional hourly rates."
"Cost or Pricing"
More information concerning QBS and CCNA can be found
at http: / /www.fleng.org /FICE /images /CCNABrochure.pdf
or by calling the Florida Engineering Society at
(850) 224 -7121
To those not familiar with our industry,
low -bid may seem logical
4
The Reality of Bidding...
Low- bidding frequently leads to inferior results and can
actually increase overall project costs
5
fMtii verueMCmwir(0,,, -: j9
The cost of NE services is typically less than 1% of the
project life -cycle costs.
Why select based on qualifications?
• Each project requires a unique approach
• Selecting the design professional with the
appropriate knowledge, skill, reputation,
past performance and technical
competence assures a successful quality
project
6
Quality -Based Selection (QBS): The Process
• Selecting a Design Firm
• An owner identifies the general scope of work and
develops a selection schedule.
• The owner issues a request for qualifications.
• The owner evaluates statements of qualifications.
• The owner determines a short-list of qualified
firms to interview.
• The owner conducts interviews and ranks the
firms.
fi
:e
QBS: The Process
• Negotiating a Contract
The owner invites the top - ranked firm to assist in
defining a detailed scope of work.
The design firm develops and submits to the
owner a detailed fee proposal, based on the
agreed upon scope of work.
If the proposed fee is not acceptable, the owner
and designer work to modify the scope, schedule
and budget to determine if an agreement on fee
can be achieved.
QBS: The Process
• If an agreement cannot be reached with the top -
ranked firm, negotiations are ended and new
ones begin with the next most qualified firm.
• An agreement covering the above is executed.
• Firms involved in the selection process are given
post - selection feedback.
7
Life Cycle Cost Considerations
Team Building
Technology /Innovation
Reduced Changes
Flexible Contract Approaches
Competition Among Best Performers;
Not Low Bidders
I M PUTTING YOU
IN CHARGE OE
WJILDING OUR NEW
TE✓iN0E06Y LAS.
PICK THE CONTRACTOR
VITI; THE LOWE6T 610.
I DONT PORE$EE ANY
PRORLEMS WITH THAT
6TRATEGY.
50. YOUR 510 SAYS
YOVII DO THE 306
FOR "...5 CHANCE
TO GNAW ON WOOD.'
Common Misconceptions
"QBS eliminates price as a selection criteria"
False: Price is a factor! Price becomes a factor only
after the most qualified firm has been identified and
a detailed scope of work has been jointly developed
by the owner and design professional.
8
Common Misconceptions
"QBS is a waste of taxpayer money"
False: In fact, low -bid is more expensive because it
leads to increased change orders and high project
maintenance costs. Furthermore, QBS ensures the
public gets a high quality and safe design.
Common Misconceptions
"QBS takes longer"
False: QBS fosters teamwork between the client
and engineering and facilitates construction,
leading to faster project delivery
Similarities of CCNA and QBS:
Both have a basis in law.
• QBS is mandated for Federal Procurement in The
Brooks Act: Federal Government Selection of Architects
and Engineers" [a 1972 amendment to the Federal
Property and Administrative Service Act of 1949].
• CCNA is addressed under a 1973 State of Florida Law
[Sec. 287.055].
9
Similarities of CCNA and QBS:
Both, QBS and CCNA require the evaluation of no
fewer than three firms regarding a proposed project
or contract.
The firm deemed most qualified, based on an
evaluation of demonstrated competence and
professional qualifications is selected.
Negotiations commence with the most qualified firm.
Should the agency be unable to negotiate a
satisfactory contract with that firm, negotiations are
formally terminated. Negotiations then commence with
the second most qualified firm. (This can continue to
the third most qualified firm, if deemed necessary).
Federal Initiatives
• ACEC secured QBS language in new federal
procurement regulations and pending water legislation.
• Ongoing defense of QBS with federal agencies.
• TEA -21 Reauthorization language
ACEC's Online QBS Resource
Center
http://www.acec.org/advocacy/qbs.cfm
10
Frank Rudd, CAE, CMP serves as the Executive Director of both the Florida Engineering
Society and the Florida Institute of Consulting Engineers. As such, he is responsible for
advocating extensively for the interests of the professional engineer as well as initiating
and strengthening strategic alliances with the Florida Department of Transportation,
Florida Department of Environmental Protection, Water Management Districts, and
national and state engineering societies.
Prior to joining FES, he served for nearly 12 years as the Chief Staff Officer for the
Florida School Food Service Association, a membership group of over 8,000 individuals.
Frank is a life long resident of Tallahassee and a graduate of the Florida State
University's
School of Association Management
"STAYING THE COURSE WITH
RISK MANAGEMENT"
Personal & Organizational Liability of
"Off Duty" Employees
Eminent Domain Liability
By: Joseph G. Jarret, Esquire
County Attorney, Polk County
Presented on behalf of PRM
HOSTED BY:
ARTHUR J. GALLAGHER & COMPANY
"STAYING THE COURSE WITH
RISK MANAGEMENT"
Personal & Organizational Liability of
"Off Duty" Employees
Eminent Domain Liability
By: Joseph G. Jarret, Esquire
County Attomey, Polk County
Presented on behalf of PRM
HOSTED BY:
ARTHUR J. GALLAGHER &COMPANY
Outside Employment, AKA,
"Moonlighting"
Moonlighting defined:
Moonlighting is defined as any professional
activity arranged by an individual
employee, which is outside the course and
scope of the duties for which the employee
was hired, whether or not the employee
receives additional compensation.
General
"Moonlighting" Issues A
• Moonlighting may transfer liability to the employer;
• Moonlighting can fatigue the employee causing poor job
performance, and thus create risk/safety issues;
• Moonlighting can create dissension and loss of loyalty
within the ranks of employees;
• Moonlighting may lead to misrepresentations of the
entity's involvement with the employee's activities,
causing citizens to make improper assumptions;
• Moonlighting can induce higher workers' compensation
costs
1
General
"Moonlighting" Issues, Cont. ,
• Productivity. When employees work two jobs, problems
can arise: tardiness, absenteeism and lower
performance due to tiredness or distractions.
Safety. Tired and distracted workers tend to make more
mistakes than others, and those mistakes can endanger
everyone on the job.
Conflicts of interest. Knowingly or innocently,
moonlighters may share your proprietary information with
their secondary employers or use confidential
information, such as employee lists, or use public
property to grow their own fledgling businesses.
General
"Moonlighting" Issues, Cont.
• The use of firm resources may be just the
ammunition the plaintiff's attorney needs.
• Meetings in the office, faxes to or from the office,
use of firm materials, computers, etc., may be
construed as a direct client relationship or tacit
approval by the firm.
• The fact that the court finds a connection
sufficient to implicate the firm does not
necessarily mean that the firm's coverage will
apply. The firm's insurance may not cover work
outside of the employment relationship.
General
"Moonlighting" Issues, Cont.
• Respondeat Superior. From a liability
perspective, an employer is responsible for an
employee's actions taken within the scope of
employment under the doctrine of respondeaf
supenor.
• Whether particular acts of an employee are
within the scope of his or her employment is a
frequently litigated issue.
• If the employee is otherwise uninsured, you can
expect ,a plaintiffs attorney to aggressively seek
to implicate the firm's professional liability
insurance.
2
lir Moonlighting Insurance
• You may wish to purchase policies that
extend to employees, coverage for
professional services performed outside
the scope or course of his /her professional
employment;
• It is best that there exists a congruence
between the employee's education,
training, & prior experience, and the
moonlighting gig
Off Duty Employees:
Law Enforcement
Florida Statute §30.2905 provides a program by which
off -duty deputies may contract for security services
• A sheriff may operate or administer a program to
contract for the employment of sheriffs deputies,
during off -duty hours, for public or private
security services;
• Deputy sheriffs employed during off -duty hours
pursuant to the provisions of this section are
exempt from the licensure requirements of
chapter • 493 for persons who watch or guard,
patrol services, or private investigators.
*ES. 493 regulates the licensure of private security entities.
Off Duty Employees,
Law Enforcement, Cont.
• Any such public or private employer of a
deputy sheriff shall be responsible for the
acts or omissions of the deputy sheriff
while performing services for that
employer while off duty, including workers'
compensation benefits.
• A deputy sheriff so employed who sustains
an injury while enforcing the criminal,
traffic, or penal laws of this state shall be
regarded as working on duty for workers
compensation purposes.
3
Law Enforcement Moonlighting,
The Federal Response
FEDERAL LIABILITY
Most federal litigation involving secondary employment
turns on whether the officer's conduct meets the United
States Code Section 1983 color of law requirement.
A police officer will be deemed to be acting under color of
law when she or he is acting in his official capacity or
while exercising his responsibilities pursuant to state law.
Generally, the courts look to the following factors In determining
whether the officer Is under color of law:
—There is a department policy requiring officers to be on duty at all
times;
—The officer displayed their department-issued badge;
— The officer identified themselves as a police officer,
— The officer carried or used their department - issued service weapon;
—The officer placed the Individual under arrest.
Off Duty Employees,
Law Enforcement, Cont.
STATE LIABILITY
-Merely because arrangements for hiring a deputy are
made directly with the deputy does not mean the public
entity is free from exposure.
Factors courts consider In determining whether the
deputy Is or is not an "employee tor liability
purposes Include:
-Who is paying the officer?
-Who is supervising the officer's off -duty work activities?
-Who made arrangements for those work activities?
-Whose uniform or equipment is being used at the time of
the "off - duty" employment?
Off Duty Employees, 4►
Law Enforcement, Cont. ' ..14:4 .
Law Enforcement entities that permit their officers or
deputies to "moonlight" are well advised to:
- Require permission via written application to leadership;
- Require renewal or review of the application on a yearly or
frequent basis.
- Establish prohibitions or restrictions on the use of the
uniform.
- Require personnel to identify oneself as an officer with the
department while working off -duty.
-Place restrictions on police -type or police - related work.
4
Your Moonlighting Policy+
HAVE ONE!!
-"An employee may hold a job with another organization as long as he
or she fully discloses the nature and scope of same and obtains
permission from her or his supervisor.'
-`An employee may hold a job with another organization as long as he
or she satisfactorily performs his or her job responsibilities with XYZ
City/County"
-%f the city/county determines that an employee's outside work
interferes with performance or the ability to meet the requirements
of XYZ, the employee maybe asked to terminate the outside
employment If he or she wishes to remain with XYZ."
- "Outside employment will present a conflict of interest if it has an
adverse impact on XYZ its employees and assets.'
Eminent Domain Liability hog
The Seizure by Government of Private Land for Public Use
- Federal Constitution via the 5th & 14th Amendments
requires the payment of just compensation to the owner
of that property.
• Florida Constitution via Article 10 Section 6:
No private property shall be taken except for a public
purpose and with full compensation therefore paid to
each owner or secured by deposit in the registry of the
court and available to the owner."
Who May Take?
• The Federal Government;
• The State
• Counties, Municipalities; or
• A private person or corporation
authorized to exercise functions of public
character
5
Elements of Eminent Domain
• To exercise the power of eminent domain, the
government must prove that the four elements
set forth in the Fifth Amendment are present:
• (1) private property
• (2) must be taken
• (3) for public use
• (4) and with just compensation
Eminent Domain Liability
Look Before You Leap!
-You take the property as you find it!!
- Florida DEP
• Federal CERCLA: Comprehensive
Environmental Response, Compensation
& Liability Act
Eminent Domain Liability, Cont.
Inverse Condemnation:
• The taking of property by a govemment
agency which so greatly damages the use
of a parcel of real property that it is the
equivalent of condemnation of the entire
property.
6
Eminent Domain Liability, Cont.
Business Damages
• Florida has recognized, since 1933, that
business owners need to be paid for their
losses, which occur because of right -of -way
takings. IF:
• Less than the entire property is taken; and
• The business has been in existence, at the
same location, for more than four years; and
• The business potentially may be damaged by a
roadway project.
Eminent Domain Liability, Cont.
Business damages can arise from:
• Lost parking;
• Alterations to parking lot the interior traffic flow;
• Note: Lost profit is not the sole measure of
business damages.
• Florida courts have recognized that items such
as diminished volume of business, diminished
goodwill, or reduced value of the business
equipment are also compensable.
Mat all
Eminent Domain Liability, Cont.
Business Damages, Cont.
Property value may be reduced because of:
a. Noise from construction
b. Accessibility problems
tri
7
Kelo Decision
• The United States Supreme Court Ruled
that Government has the power to take
private property and give it to another
private owner if the taking serves the
overall "public good."
• An example of public good would be job
creation, or the elimination of slum or
blight.
8
Speaker Profile
Joseph G. Jarret, Esquire
Attorney At Law
Certified Mediator& Arbitrator
Joe Jarret is Chief Legal Counsel for Polk County, Florida. He is a Certified Florida
Supreme Court Mediator and Arbitrator, and the former Risk and Insurance Manager of
Manatee County, Florida, (during which time he also served as an assistant county
attorney) and is the past - president of the Southwest Florida Chapter of the Public Risk
Management Association (PRIMA). His current practice is concentrated in the areas of
risk management, law enforcement liability, code enforcement, land use, planning, and
zoning law. He is a former United States Army Combat Arms (Airborne) Officer with
service in the Middle East, Africa and Central Europe.
Joe holds the Bachelor of Science Degree in Criminal Justice, from Troy State
University (W. Germany Campus) the Masters in Public Administration from Central
Michigan University, the Juris Doctor from Stetson Law school, and a post - graduate
Certificate in Public Management from the University of South Florida.
Joe has published approximately 85 articles in various risk management (13 in Public
Risk magazine, published by PRIMA, and 2 in Risk Management, published by RIMS),
law enforcement, and legal journals, and is a national speaker on risk and insurance
management, and public and private sector liability issues. He has been named
PRIMA's "Author of the Year" for an unprecedented 2 years in a row, 2005 & 2006. He
is licensed to practice law in Florida, and before the United States Supreme Court, and
other federal courts.
Joe is a nationally recognized speaker on public entity liability issues and has most
recently lectured on behalf of the Department of Homeland Security, PRM, the Florida
Governor's Hurricane Conference, PRIMA, RIMS, the Florida Bar, the Florida Supreme
Court, Alternative Dispute Resolution Center, the Florida County Attorneys Association,
the Florida Prosecuting Attorney's Association, the Wyoming Law Enforcement
Academy, the Michigan State Police Academy, and the Southwest Illinois Law
Enforcement Commission and the National Association of Counties.
He currently serves Stetson University College of Law, Southeastern College and
Florida Southern College as an adjunct seminar lecturer, and is an Adjunct Professor of
Business Law for Webber International University.
C O N T E N T S
ublic Risk
18
A Different Risk Management Approach:
Top Down from the Bottom Up
B Y J O S E P H T . P E C K H A M
B Y
0 s
Public Sector Construction Liability:
Challenges for the Risk Manager
Features
PUBLIC RISK MANAGEMENT:
CORE COMPETENCIES
16
B Y R U T H A . U N K S , A R M
J O S E P H G. J A R R E T, E S Q.
sk Management
i 5 111r Homeland
Seedtgty:
The Iryorto .M.I P ,.4 C..
kde, tap
Risk Management for Homeland Security:
The Important Role of Public- Private Sector Cooperation
B Y J O D Y R . W E S T B Y
Departments
2 Advertiser Index
6 Exposures
12 One to Watch
Lisa Davis
14 Letter to the Editor
PUBLIC RISK (0591- 7153) k published monthly except June and December fits PRIMA by Banat Communications. 3954 W. Questa
Driyc, Glendale. AZ 83310 (62 3) 516 2723 Fax: (623) 516-7738, e -mail. banarcommpi;nol com, Web site: www.primasentral.org. Opinions
and ideas expressed are not necessarily rcpresentatiNe of the',ohcoes o) PRI \IA. Apply to the cdiror for permission TO reprint am. parr of the
magazine. Back issues, copies are S- each for members: 513 each for non- PRINIA members. All hack issues are subject to availability.
Subscription rate. SI3(1 per year. Periodical postage paid at Arlington, Va., and additional mauling others. POS I NIASI ER Send address
changes to PRIAM, IS!5 N. Fnn Myer /)rice, Suite 1020, - Irlingtou, VA 22209. Copyright 2002 Public Risk Management Assosianon.
IIPUBLIC RISK ,
1j:i ector
tion
111
28
ny
t i m e
overnment
gets involved in construction
projects, the public risk manager is
challenged with ensuring that the project
is completed with minimal exposure to the enti-
ty. This is accomplished by conventional risk transfer
and risk avoidance techniques, as well as becoming inti-
mately involved with the construction process. This article is
designed to alert the public sector risk manager to those areas unique
to construction projects while providing pragmatic tips and solutions
to minimize risk.
There exist scores of public construction projects across the land that
range from capital improvement projects such as roads, to the construction
of low income housing, new governmental buildings such as courthouse
and administrative complexes, etc. From the initial stages of a construction
project, through completion, the risk manager may find herself reviewing
everything from environmental or soil reports, to hold harmless agree-
ments, construction contracts, to excess insurance policies. Depending
upon the type or magnitude of the construction projects, exposure can be
great, and claims may arise in myriad of forms, from general liability, to
breach of contract, to personal injury, to workers compensation.
It is essential, if you will excuse the pun, that the risk man -
ager get in on the ground floor of any construction project. In so
doing, many problems with far reaching risk, safety, and fiscal
implications, could be avoided.
fi
B Y •
This Land is My Land
Not unlike our private sector counterparts, public entities who
purchase land for the purpose of building structures thereon, are
susceptible to and liable for any violations of federal, state and
local laws or regulations that may burden the land. Potential risks
may include:
1. Building on environmentally sensitive wetlands;
2. Building on lands that contain various species of environmental-
ly protected flora and fauna such as great bald eagles, gopher tor-
toises; spotted owls, etc.;
3. Building on lands that contain bio- hazardous materials such as
leaking underground storage tanks, waste petroleum or other
chemicals;
J O S E P H G . J A R R E T , E S Q U I R E
1
4. Constructing a building on land that contains
land use or related zoning restrictions thus
rendering the structure incompatible with
surrounding use.
As a result of the above, the risk manager
must insure that those responsible for purchasing
a given piece of property on behalf of the entity,
hold the seller to the acceptable industry stan-
dard and that appropriate site and environmental
studies are conducted. For instance, you will
want to know whether the services of a geo -tech-
nical engineer have been employed to confirm
the adequacy of the natural or engineered earth
on which the building is to be placed. Further,
that the land purchase contract provides for a
hold harmless agreement in the event latent or
other inconspicuous defects in the land are dis-
covered before, during or after construction.
Courts are not at all sympathetic to govern-
mental entities that fail to exercise due diligence.
Indeed, the arcane notion of caveat emptor, or
let the buyer beware," is alive and well in the
construction industry and applies to public and
private sectors alike.
Pre - Construction Phase
Prior to a single shovel turning one lump of
soil, the risk manager should confer with the
entity's attorney to ensure the entity is either
poised to follow that particular state's building
code, or is immune from the code. Rare today
is the body politic that does not exempt itself,
via an ordinance or resolution, from the regula-
tions applicable to private construction proj-
ects, especially in cases concerning the conduct
of governmental functions. Further, there
always exist the various OSHA regulations that
pop up when you least expect them. Needless
to say, there is nothing more embarrassing than
to receive a "Stop Construction Order" from a
state or federal inspector.
Construction's Key Players:
As most major construction jobs are assigned as
a result of competitive bidding, it is wise to
ensure that contracts with key players, to wit,
the general contractor and architect, outline
with specificity the construction standards that
are to be adhered to. All contracts, as well as
building plans and specifications are key docu-
ments. They serve to define the scope of con-
struction as well as the duties and responsibili-
ties of the architect and general contractor as
well as that of the subcontractors.
It is important to distinguish between the
duties and responsibilities of the architect and the
general contractor. The architect puts the entity's
project to paper in a set of plans developed by him
or her, usually in conjunction with several con-
sultants. These consultants, most commonly
retained by the architect, may include civil, struc-
tural, mechanical and electrical engineers.
Despite the lack of direct privity (most commonly
defined as the connection which exists between
two or more contracting parties) the architect's
consultants are generally held to be liable to the
public entity for any errors or omissions in the
plans or specifications attributable to their work.
The general contractor is responsible for
the supervision and direction of the construction
project and is otherwise required to perform the
work contracted for in accordance with the proj-
ect plans and specifications. The general con-
tractor is in direct privity with the public entity.
It is important to note that, generally speaking,
the contractor is responsible to the entity for the
performance of the contract, regardless if the
work is done directly by the contractor or the
subcontractor. However, a contractor is usually
not liable for personal injury or property damage
caused by subcontractors unless that duty has
been assumed under the construction contract.
The Construction Contract:
The construction contract should be of such a
nature that it contains clear and concise language.
Unfortunately, such contracts are often prepared
using unclear language or contain ambiguous or
uncertain terms thus requiring courts to construe
or interpret them. In most jurisdictions, contract
terms are presumed to have been used with their
ordinary and custom meaning. If a portion of a
contract is ambiguous, however, valuable time
will be wasted as the court is called upon to assign
meaning to the terms used.
Construction contracts should contain the
various indemnification provisions that signifi-
cantly affect the liabilities of the various parties as
well as the types and limits of insurance required
. PUBLIC RISK .
of the contractor and all subcontractors. In most
jurisdictions, a contractor is not liable to persons
other than the entity for the negligence of inde-
pendent or subcontractors. If the agreement with
the contractor fails to hold the contractor liable
for the negligence of sub or independent con-
tractors, then clearly, contracts entered into with
the aforementioned must outline with specificity
the duties, and responsibilities of same.
Remember, generally speaking, there is no insur-
ance coverage for the failure of a party to provide
insurance because the resultant damages are not
covered by a general liability policy. As such, the
old adage, "if you are going to write at all, write
it all," should be followed in such instances. Your
legal department should be ready to discuss these
concerns with you.
Building Construction
Generally speaking, aside from the obvious haz-
ards associated with constructing a building, i.e.,
worker injuries, vandalism, Acts of God, etc., there
exists the issue of construction defects. Generally,
a contractor is not liable for injuries to third per-
sons after the work has been turned over to the
entity, particularly where the defect was open and
obvious. If, however, a completed building
includes a defect which is not discoverable by a
standard building inspection, then the contractor
may also be responsible after completion. Such
inspections must be conducted with all diligence.
Entities that accept a completed project that con-
tains defects that were readily discoverable by rea-
sonable inspection in effect waive the defective
performance along with any redress the entity may
have as a result of the shoddy work.
Highway or Roads Construction
Capital improvement projects such as road or high-
way construction are potential areas of liability due
to the enormity of the project as well as the number
of vehicles on the road as a result of the project, not
to mention the inherently dangerous nature of the
work. Heavy earth moving machinery, dump
trucks, cement mixers, and related vehicles do not
mix well with the lighter, more fragile privately
owned vehicles with which they share the road.
During construction, road contractors have a duty
to maintain barriers, railings, guards, and signals
which are sufficient to warn and protect travelers on
29
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. PUBLIC B I S I( .
the road or highway who are moving and driving in
the exercise of reasonable care.
If your jurisdiction is one that requires
commercial vehicle operators to possess com-
mercial drivers' licenses or other operating per-
mits, you should insist that the contractor only
employ persons so licensed or certified. Further,
the contractor should be required to demon-
strate that the vehicles dispatched for the job are
road - worthy and otherwise pass safety inspec-
tion muster. The same holds true, of course, of
publicly owned vehicles.
Depending upon the role your entity is
contractually bound to undertake, your safety
manager may be spending even more time in
the field to ensure proper safety equipment is
issued and used, and safety regulations adhered
to. Obviously, such a responsibility is not limit-
ed to road construction projects but rather,
extends to all construction projects.
A Word About Bonds
An in -depth analysis of the law of performance
bonds is beyond the scope of this paper Suffice it
to say that the requirement that a contractor post
a bond (an obligation to pay monies in the event
of breach or failure to perform as contracted) or
otherwise "bond his performance" is desirable
because of the myriad of players who often know
very little about each others' capabilities. In a nut-
shell, the parties to a bond are the principal, the
surety, and the obligee. The principal is the con-
tractor or subcontractor who agrees to be respon-
sible for the terms outlined in the bond. The sure-
ty is the party that agrees to be responsible for pay-
ing the obligee should the principal fail to perform,
and the obligee is the public entity in whose favor
the bond was written. Depending upon the scope
of the project at hand, a performance bond is just
one more layer of protection and risk transfer.
Summary
It goes without saying that capital improvement or
major building projects pose unique challenges for
today's public sector risk manager. Obviously, this
paper merely serves to provide a thumbnail sketch
of the pitfalls and liability concerns a public entity
faces when engaging in such projects. By working
closely with your entity's attorney, and closely scru-
tinizing all contracts, agreements and other writing,
you will go a long way in protecting your entity
against foreseeable and unnecessary claims. •
APRIL 2007
COVER STORY
ICMA
PUBLIC
MANAGEMENT
MAGAZINE
Cover photo by
Jim Reed /Getty Images
VOLUME 89 • NUMBER 3
6 Local Government Professionals Team Up on
Disaster Recovery
Florida's local governments are formalizing the concept of coordinated
disaster recovery.
Christine Shenot, Washington, D.C.
FEATURES
14 Maintaining Credibility During a Crisis: Challenges
for the Manager
Educating citizens on their local government's crisis plan before a crisis
occurs can help strengthen the locality's reputation.
Joseph Jarret, Polk County, Florida.
18 Local Governments Help Mark Jamestown's 400th
Anniversary
This year is the 400th anniversary of the first permanent English
settlement in North America.
Sanford Wanner and Ruth Richey, James City County, Virginia.
24 How to Cure (or at LeastTreat) theVideo
Monitoring Heebie-Jeebies
Should all video monitoring be considered sick and twisted?
Ken Hampian, San Luis Obispo, California.
ICMA.org/pm
DEPARTMENTS
'ENTS
2 ETHICS
The Manager's Name Appears in
Campaign Materials : > The Free
Truck
3 ON RETIREMENT
Tax -Time Savings
26 PROFILE
Howard Chambers, Lakewood,
California
28 DIRECTOR'S DESK
Consistent Messages Drive
Powerful Image for ICMA and the
Profession
29 FYI
Top Cities in Cultural Vitality
Rankings .: PERI Day of Injury
Resource Manual Emphasizes
Employer Early Response
Sending the Right Signals:
Honesty, Respect, and Power ; :-.
Model Practices: Administration
33 ICMA FUND FOR
PROFESSIONAL
MANAGEMENT
_ :1E1111
_. Public Management_' .April 2007..
eU. .A11U
Lillie
your 10
government is before a crisis happens.
Once the crisis occurs, most of your time will be spent communi-
cating with citizens and the media—not a good time to attempt to
educate anyone. Attempting to do so will seem like doublespeak and
will detract from your efforts to resolve whatever led to the crisis in
the first place. Also, in today's integrated workplace, with its empha-
sis on a team approach to management, local government managers
can no longer leave crisis communication to the public affairs office.
This article will explore various scenarios that managers can put
into action to help their communities maintain credibility in the face
of crisis.
*4410
. .
t ' Credibility
During a Crisis:
Challenges for the
Manager
5,,-.....„._
,.. .?
, .
, TA
hether your local government suffers a crisis born out of natural
disaster or human error, citizen responses and public opinion will
largely depend on how much time and effort you put into commu-
nication and education before the disaster occurred. The adage, "you
can't talk your way out of a crisis," is as true today as it was when it
, . • , 1 ,
eU. .A11U
Lillie
your 10
government is before a crisis happens.
Once the crisis occurs, most of your time will be spent communi-
cating with citizens and the media—not a good time to attempt to
educate anyone. Attempting to do so will seem like doublespeak and
will detract from your efforts to resolve whatever led to the crisis in
the first place. Also, in today's integrated workplace, with its empha-
sis on a team approach to management, local government managers
can no longer leave crisis communication to the public affairs office.
This article will explore various scenarios that managers can put
into action to help their communities maintain credibility in the face
of crisis.
*4410
ry
r
A CRISIS DEFINED
A crisis is any situation that threatens
the integrity or reputation of your
local government and that can be
brought on by adverse or negative
media attention. These situations
include any kind of labor or legal
dispute; theft; an accident leading
to death, serious injury, or a public
health violation; and natural disasters
such as fires, floods, hurricanes, and
tornadoes. In short, a local crisis can
be caused by either nature or human
errors, and local government becomes
central if the crisis can be attributed
to the community or the commu-
nity needs to respond in some way.
Whether the crisis arises from
human error or a natural disaster,
any situation that causes the media
or the general public to assert that
your community failed to react ap-
propriately can prove disastrous in
terms of both reputation and citizen
confidence. In an era when citi-
zens and the media are demanding
greater social responsibility on the
part of government, every commu-
nity needs to have a cogent, easily
understood policy in place —one
that is designed to meet head on
the challenges a crisis brings. Since
Hurricane Katrina, every local gov-
ernment manager can appreciate
the need for a cogent crises com-
munications plan.
This is the stage you can plan in
some detail. As part of your crisis
management process, you should
think hard beforehand about the
containment stage, develop immedi-
ate response procedures, and train
people to carry out these procedures
until they become instinctive. You
must be able to start containing at the
earliest possible moment so that the
crisis doesn't get worse. Containing
the crisis buys a little time to assess
the situation.
every crisis will require a different
resolution. Don't expect to be able
to pull "Plan B" off the shelf and use
it as is. You will need to make a new
plan for each specific crisis. Build this
planning stage and the capabilities it
requires into your overall crisis man-
agement procedure.
This is not to say that having Plan
B on the shelf is useless. Far from it.
Having ready -made plan components
can save crucial time during a crisis,
but they always have to be repack-
aged, reconfigured, or otherwise read-
justed on the fly.
FIVE STAGES OF CRISIS
COMMUNICATIONS
Mark Towhey, president of Towhey
Consulting Group, recommends that
crisis management be broken down
and addressed in five stages.
Stage 1. Containment Take immedi-
ate action to prevent the situation
from growing worse. Although crises
are always different and unpredict-
able, many common elements consis-
tently occur during the initial stages
of any crisis: confusion, not enough
information, people inside and outside
government wanting or needing or de-
manding to know what's going on, and
a rapidly changing situation. You will
need to mobilize a response team, and
you will need to alert authorities.
Stage 2. Assessment: Find out what's
wrong and gather information needed
to fix it. Emergency management orga-
nizations teach their crisis managers
to think on their feet. It's important
to have a process in place and skilled
people available to gather information
and assess the situation. Because ev-
ery crisis is different, you will need to EDUCATION IS KING
identify what information is required, Experienced managers are well aware
gather it, interpret it, and draw con- that you can't educate staff, the me-
clusions. Your focus, in this stage, is dia, and the public in a crisis. The
on finding the crucial information best you can do is communicate. In
needed to make decisions, identify other words, if you haven't done the
your options, and create a plan. necessary educating before the crisis
occurs, you can't count on doing it
Stage 3. Planning. Create a specific while under public scrutiny. Before
plan to resolve each specific crisis. each year's hurricane or tornado sea-
; Every crisis will be different and son, for example, you must ensure
Stage 4. Execution:Take action and
carry out the plan. After you've
contained the problem, assessed
the situation, and customized a
plan, you have to fix the problem.
Fixing the problem can start only
after you've developed a plan.
Stage 5. Reorganize and review:
Get back to normal and prepare
for the next time. During the thick
of the action, it's hard to believe
that every crisis eventually ends,
but it does. There's no guarantee,
though, that you'll have a respite
before the next' crisis begins. You
must be able to return to normal
quickly and restock emergency
equipment and supplies.
It's also critically important
that you build into the crisis
management procedure a time to
gather staff together and reflect on
what happened. What worked well?
What didn't work at all? What can
be learned about this experience to
prevent future occurrences, resolve
them more effectivdly, minimize the
damage, and improve results?
ICMA.orglpm _ __PublicMlanagement_ =: April20OL_
15
Any efforts your local
government has exerted
in an effort to raise
citizen consciousness
as well as faith, trust,
and confidence in
government will be for
naught if it is perceived
that the government's
own rules, regulations,
policies, and procedures
-
are the problem and not
t Ike solution.
FIVE STAGES OF CRISIS
COMMUNICATIONS
Mark Towhey, president of Towhey
Consulting Group, recommends that
crisis management be broken down
and addressed in five stages.
Stage 1. Containment Take immedi-
ate action to prevent the situation
from growing worse. Although crises
are always different and unpredict-
able, many common elements consis-
tently occur during the initial stages
of any crisis: confusion, not enough
information, people inside and outside
government wanting or needing or de-
manding to know what's going on, and
a rapidly changing situation. You will
need to mobilize a response team, and
you will need to alert authorities.
Stage 2. Assessment: Find out what's
wrong and gather information needed
to fix it. Emergency management orga-
nizations teach their crisis managers
to think on their feet. It's important
to have a process in place and skilled
people available to gather information
and assess the situation. Because ev-
ery crisis is different, you will need to EDUCATION IS KING
identify what information is required, Experienced managers are well aware
gather it, interpret it, and draw con- that you can't educate staff, the me-
clusions. Your focus, in this stage, is dia, and the public in a crisis. The
on finding the crucial information best you can do is communicate. In
needed to make decisions, identify other words, if you haven't done the
your options, and create a plan. necessary educating before the crisis
occurs, you can't count on doing it
Stage 3. Planning. Create a specific while under public scrutiny. Before
plan to resolve each specific crisis. each year's hurricane or tornado sea-
; Every crisis will be different and son, for example, you must ensure
Stage 4. Execution:Take action and
carry out the plan. After you've
contained the problem, assessed
the situation, and customized a
plan, you have to fix the problem.
Fixing the problem can start only
after you've developed a plan.
Stage 5. Reorganize and review:
Get back to normal and prepare
for the next time. During the thick
of the action, it's hard to believe
that every crisis eventually ends,
but it does. There's no guarantee,
though, that you'll have a respite
before the next' crisis begins. You
must be able to return to normal
quickly and restock emergency
equipment and supplies.
It's also critically important
that you build into the crisis
management procedure a time to
gather staff together and reflect on
what happened. What worked well?
What didn't work at all? What can
be learned about this experience to
prevent future occurrences, resolve
them more effectivdly, minimize the
damage, and improve results?
ICMA.orglpm _ __PublicMlanagement_ =: April20OL_
15
that citizens know about services the
local government provides; locations j
of shelters and emergency supplies;
and numbers to call to report storms,
reach emergency services, or obtain
other services.
Some governments hold seminars
or town hall meetings in an effort to
educate citizens and members of the
media about pre- and post - disaster
procedures. These get - togethers pro-
vide an essential service to citizens
and create allies in the media.
DESIGNATED
SPOKESPERSON
In her article, "Crisis Communica-
tion Plan: A PR Blue Print, "1 Sandra
K. Clawson Freeo recommends that
throughout a local crisis one individu-
al should be designated as the primary
spokesperson to represent the com-
munity, make official statements, and
answer media questions. A backup to
the designated spokesperson should
also be identified to fill the position
in case the primary spokesperson is
unavailable.
In addition to the primary spokes-
person and the backup spokesperson,
individuals who can serve as technical
experts or advisers should be designat-
ed. One of these people should be the
local government manager, a financial
expert, an engineer, a respected coin -
.n iniLy le ader, or anyone the manager
deems necessary during one specific
crisis. This will take some brainstorm-
ing by the management team because
the best person might not always be
apparent.
An authority or technical expert
needs to always be on hand to supple-
ment the knowledge of the spokesper-
son, especially when the issue is restor-
ing essential services such as water and
electricity. Remember, the manager
and the staff —not the media— control
information and are responsible for
minimizing disinformation.
Sandra Freeo also recommends that
the spokesperson, the backup spokes-
person, and the crisis communication
expert should be comfortable in front
of a television camera and with re-
porters. The spokesperson should be
skilled at handling media, directing
responses to other topics, identify-
ing key points; and speaking without
jargon; respectful of the role of the
reporter; knowledgeable about the or-
ganization and the crisis at hand; able
to establish credibility with the media;
able to project confidence to the audi-
ence; suitable in regard to diction and
appearance; sincere, straightforward,
and believable; accessible to the me-
dia and to internal communications
personnel who will facilitate media
interviews; and able to remain calm in
stressful situations.
In addition to the designated
spokesperson and backup, other
spokespersons will represent other
public entities (adjoining local gov-
ernments, for example) involved in
the crisis. Learn the identities of those
individuals as early as possible so that
all statements and contacts with the
media can be coordinated among the
various localities. This helps to avoid
the dissemination of conflicting infor-
mation or disinformation.
COMMAND AND CONTROL
You must be able to control your own
agenda and not permit outside influ-
ences to dictate priorities and alloca-
tion of services. By doing so, you will
maintain your credibility. Remember,
most citizens and members of the me-
dia respect government's need for cau-
tion and discretion in not only what
information should be released but
also when it should be released. What
neither will tolerate is unwarranted
silence or evasiveness.
]-31) MAN ERROR
Most rational people can appreciate
that natural and human disasters are
bound to occur and that human er-
ror is a part of the disaster equation.
However, the public and the media
tend to be less forgiving when it is
demonstrated or perceived that the
local government failed to react prop-
erly to a disaster. Governments suffer
if they exhibit:
• Arcane bureaucratic modalities that
stifle creativity or improvisation.
• Easily avoided clerical errors.
• Employees resorting to unauthor-
ized procedures deemed reckless.
• Inadequate supervision.
• Inadequate quality control.
• Misuse of confidential information.
• Inadequate or nonexistent standard
operating procedures.
• Apathy.
• Indecisiveness.
• An apparent lack of command and
control.
• Failure to remedy infirmities un-
covered during a previous crisis or
disaster.
• Lack of communication or coop-
eration among emergency, relief,
social service, and related agencies.
WRAP -UP
Any efforts your local government
has exerted in an effort to raise citizen
consciousness as well as faith, trust,
and confidence in government will be
for naught if it is perceived that the
government's own rules, regulations,
policies, and procedures are the prob-
lem and not the solution.
Having in place a cogent, uniform,
and easily understood crisis manage-
ment plan, knowledgeable media
spokespersons, and solid intergov-
ernmental relations goes a long way
toward educating and assisting the
public, informing the media, and
maintaining the integrity and reputa-
tion of your local government.
'The article can be found at www.News
Plac.o rg/crisis. html.
Joseph G. Jarret, Esquire, is the
Polk County Attorney, a Florida
Supreme Court Mediator &
Arbitrator and a former United States
Army Combat Arms Officer. He
holds the Juris Doctorate from
Stetson University College of Law,
the Masters in Public Administration
from Central Michigan University,
the Bachelor of Science from Troy
State University (W. Germany
campus) and a Graduate Certificate
in Public Management from the
University of South Florida. He is
the Public Risk Management
Association's Author of the Year for
2005 & 2006 and is a member of the
faculty of the annual Florida
Governor's Hurricane Conference.
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Document Summary
Copyright 2007 ASTM International. All rights reserved.
ACTIVE STANDARD: F1938- 98(2004) Guide for Safer Use of Movable Soccer Goals
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Developed by Subcommittee: F15.43
See Related Work by this Subcommittee
Adoptions:
Book of Standards Volume: 15.11
1. Scope
CLICK TO VIEW ASTM
LICENSE AGREEMENT '.
1.1 This guide presents directions for the installation, use, and storage of full -size or nearly
full -size movable soccer goals. It is expected that these guidelines can help prevent deaths
and serious injuries resulting from soccer goal tipover.
1.2 These guidelines are intended for use by parks and recreation personnel, school officials,
sports equipment purchasers, parents, coaches, and any other members of the general public
concerned with soccer goal safety.
1.3 These guidelines are intended to address the risk of movable soccer goal tipover.
Index Terms
safety labels; soccer goals; 97.220.10
Citing ASTM Standards
[Back to Top[
. AS`FMCOLLECCION ACTIVE F1938 DESIGNATION ION F1938 DESIGNATION F1938 DESIGNATION F1938
DESIGNATION F1938 F1938 F1938 F1938 F1938 F1938 F1938 F1938 FI938
Movable Soccer Goals Can Fall Over On Children
Movable soccer goals can fall over and kill or injure children who climb on them or hang from
the crossbar. The U.S. Consumer Product Safety Commission (CPSC) has reports of at least 28
deaths since 1979 resulting from soccer goals falling over. Both homemade and professionally
manufactured soccer goals are involved in these incidents.
To help prevent deaths and injuries associated with soccer goals, follow these safety suggestions.
• Securely anchor or counter - weight movable soccer goals at all times (see illustration).
• Never climb on the soccer net or goal framework.
• Always instruct soccer players on the safe handling of and potential dangers associated
with movable soccer goals.
• Use movable soccer goals only on level (flat) fields.
• Check all connecting hardware before every use. Replace damaged or missing fasteners
immediately.
• Ensure safety labels are clearly visible.
• Remove nets when goals are not in use.
• Anchor or chain goals to nearby fence posts, dugouts, or similar sturdy fixtures when not
in use.
• Fully disassemble goals for seasonal storage.
A voluntary safety standard for soccer goals and a guide for safer use are available from ASTM
International at www.ASTM.org.
Never climb or hang from goal.
Goal can fail over causing
serious injury or death.
Stake
AWARNING
Always anchor goal.
Unsecured goal can fall over
causing serious injury or death.
Use stake or
auger anchor.
CPSC -5118
Auger
Sandbags or other
counterweights could be an
effective alternate on hard
surfaces such as artificial turf.
U.S. CONSUMER PRODUCT SAFETY COMMISSION
ASHINGTON, D.C. 20207 • (800) 638 -2772 • www.cpsc,gov • www.recalls.gov
[
MOVABL
SOCCER GOAL SAF:
January 1995
U.S. Consumer Product Safety Commission
Washington, D.C. 20207
CONTENTS
1. Introduction
2. Soccer Goal Injuries
1-2
3. Rules of Soccer 2
4. Design/Construction Guidelines 3
5. Anchoring /Securing /Counterweighting Guidelines 4 -7
6. Goal Storage Guidelines 7 -8
7. Conclusions 8
APPENDICES
Appendix A - List of Soccer Organizations 9
Appendix B - For Further Information 9
Appendix C - Warning Labels 10
1. Introduction
This handbook presents guidelines for the installation, use and storage of full -size or nearly full -
size movable soccer goals. The U.S. Consumer Product Safety Commission (CPSC) believes these
guidelines can help prevent deaths and serious injuries resulting from soccer goal tipover.
Publication of the handbook is intended to promote greater safety awareness among those who
purchase, install, use, and maintain movable soccer goals.
These guidelines are intended for use by parks and recreation personnel, school officials, sports
equipment purchasers, parents, coaches, and any other members of the general public
concerned with soccer goal safety.
These guidelines are intended to address the risk of movable soccer goal tipover. They are not a
CPSC standard, nor are they mandatory requirements. Therefore, the Commission does not
endorse them as the sole method to minimize injuries associated with soccer goals.
2. Soccer Goal Injuries and Deaths
According to the 1994 National Soccer Participation Survey (Soccer Industry Council of
America), over 16 million persons in the United States play soccer at least once a year. Seventy -
four percent (over 12 million) of these persons are under the age of 18. Soccer ranks fourth in
participation for those under 18, following basketball, volleyball, and softball and well ahead of
baseball, which has an annual participation of 9.7 million.
There are approximately 225,000 to 500,000" soccer goals in the United States. Many of these
soccer goals are unsafe because they are unstable and are either unanchored or not properly
anchored or counter - balanced. These movable soccer goals pose an unnecessary risk of tipover to
children who climb on goals (or nets) or hang from the crossbar.
The CPSC knows of four deaths in 1990 alone and At least 21 deaths during the past 16 years
(1979 -1994) associated with movable soccer goals. In addition, an estimated 120 injuries involving
falling goals were treated each year in U.S. hospital emergency rooms during the period 1989
through 1993. Many of the serious incidents occurred when the soccer goals tipped over onto the
victim. Almost all of the goals involved in these tipovers appeared to be "home- made" by high
school shop classes, custodial members, or local welders, not professionally manufactured. These
"home- made" goals are often very heavy and unstable.
The majority of movable soccer goals are constructed of metal, typically weighing 150 -500"
pounds. The serious injuries and deaths are a result of blunt force trauma to the head, neck, chest,
and limbs of the victims. In most cases this occurred when the goal tipped or was accidentally
tipped onto the victim. In one case an 8- year -old child was fatally injured when the movable soccer
goal he was climbing tipped over and struck him on the head. In another case, a 20- year -old male
died from a massive head trauma when he pulled a goal down on himself while attempting to do
chin -ups. In a third case, while attempting to tighten a net to its goal post, the victim's father lifted
the back base of the goal causing it to tip over striking his 3- year -old child on the head, causing a
fatal injury.
High winds can also cause movable soccer goals to fall over. For example, a 9- year -old was fatally
injured when a goal was tipped over by a gust of wind. In another incident, a 19- year -old goalie
suffered stress fractures to both legs when the soccer goal was blown on top of her.
3. Rules of Soccer
From the Federation of International De Football Associations' (FIFA) Laws of the Game, Guide
for Referees, July 1993.
"Goal -posts and cross -bars must be made of wood, metal, or other approved material as
decided from time to time by the International Football Association Board. They maybe
square, rectangular, round. half round, or elliptical in shape."
"Goal -posts and cross -bars made of other materials and in other shapes are not permitted.
The goal -posts must be white in color."
"The width and depth of the cross -bar shall not exceed 5 inches(12 cm)."
From the National Federation of State High School Associations' (NFSHSA) 1994 -95 National
Federation Edition - Soccer Rules Book
"They shall consist of 2 upright (posts) 4 inches but not more than 5 inches (0.10m by
0. 12m)...the tops of the posts shall be joined by a 4 inches but not more than 5 inches
(0. 10m by 0.12m) horizontal crossbar..."
From the National Collegiate Athletic Associations' (NCAA) Rules for Soccer.
"...and shall consist of two wooden or metal posts, ... the width or diameter of the goal -posts
and crossbar shall not be less than 4 inches (10.16 cm) nor more than 5 inches (12.7 cm)."
2
4. Design /Construction Guidelines
While a movable soccer goal appears to be a simple structure, a correctly designed goal is carefully
constructed with counterbalancing measures incorporated into the product. The common
dimensions of a full -size goal are approximately 7.3 m (24 ft.) in width by 2.4 m (8 ft.) in height
and 1.8 m (6 ft.) in depth (see Figure 1). The stability of a soccer goal depends on several factors.
One effective design alternative uses a counterbalancing strategy by lengthening the overall depth
of the goal to effectively place more weight further from the goal's front posts (more weight at the
back of the goal). A second design selects lightweight materials for the goal's front posts and
crossbar and provides much heavier materials for the rear ground bar and frame members. This
tends to counterbalance the forces working to tip the goal forward. Another design uses a heavy
rear framework and folds flat when not in use, making the goal much less likely to tip over. Finally,
after these various designs are considered, it is imperative that ALL movable soccer goals be
anchored firmly in place at all times (see section 5).
Crossbar
Front Post
(left)
Netting
Backdrop
Rear Ground
Bar (if round)
Shoe (if flat)
Front Post
(right)
Back Stay
Ground Bar (if round)
Shoe (if flat)
Figure 1: Components of a Movable Soccer Goal
3
5. Anchoring /Securing /Counterweighting Guidelines
A properly anchored /counterweighted movable soccer goal is much less likely to tip over.
Remember to secure the goal to the ground (preferably at the rear of the goal), making sure the
anchors are flush with the ground and clearly visible. It is IMPERATIVE that ALL movable soccer
goals are always anchored properly (see Figure 2). There are several different ways to secure your
soccer goal. The number and type of anchors to be used will depend on a number of factors, such as
soil type, soil moisture content, and total goal weight.
Figure 2: Goal Anchoring
Anchor Types
Auger
Stake
NOTE: There are other methods
of anchoring available
• Auger style
This style anchor is "helical" shaped and is screwed into the ground. A flange is positioned over
the ground shoes (bar) and rear ground shoe (bar) to secure them to the ground. A minimum of two
auger -style anchors (one on each side of the goal) are recommended. More may be required,
depending on the manufacturer's specifications, the weight of the goal, and soil conditions.
Figure 3.1: Auger Style Anchor
4
• Semipermanent
This anchor type is usually comprised of two or more functional components. The main support
requires a permanently secured base that is buried underground. One type (3.2a) of semipermanent
anchor connects the underground base to the soccer goal by means of 2 tethers. Another design
(3.2b) utilizes a buried anchor tube with a threaded opening at ground level. The goal is positioned
over the buried tube and the bolt is passed through the goal ground shoes (bar) and rear ground
shoe (bar) and screwed into the threaded hole of the buried tube.
Figure 3.2a: Semipermanent Anchor
Figure 3.2b: Semipermanent Anchor
• Peg or Stake style (varying lengths)
Typically two to four pegs or stakes are used per goal (more for heavier goals) (Figure 3.3). The
normal length of a peg or stake is approximately 10 inches (250mm). Care should be taken when
installing pegs or stakes. Pegs or stakes should be driven into the ground with a sledge - hammer as
far as possible and at an angle if possible, through available holes in the ground shoes (bar) and rear
ground shoe (bar) to secure them to the ground. If the peg or stake is not flush with the ground, it
should be clearly visible to persons playing near the soccer goal. Stakes with larger diameters or
textured surfaces have greater holding capacity.
Figure 3.3: Peg or Stake Style Anchor
5
• J -Hook Shaped Stake style
This style is used when holes are not pre - drilled into the ground shoes (bars) or rear ground shoe
(bar) of the goal. Similar to the peg or stake style, this anchor is hammered, at an angle if possible,
directly into the earth. The curved (top) position of this anchor fits over the goal member to secure
it to the ground (Figure 3.4). Typically, two to four stakes of this type are recommended (per goal),
depending on stake structure, manufacturers specifications, weight of goal, and soil conditions.
Stakes with larger diameters or textured surfaces have greater holding capacity.
Figure 3.4: J -Hook Anchor
• Sandbags /Counterweights
Sandbags or other counterweights could be an effective alternative on hard surfaces, such as
artificial turf, where the surface can not be penetrated by a conventional anchor (i. e., an indoor
practice facility) (Figure 3.5). The number of bags or weights needed will vary and must be
adequate for the size and total weight of the goal being supported.
Figure 3.5: Sandbag Method of Anchoring
6
(Rear) Ground Bar /Shoe
• Net Pegs
These tapered, metal stakes should be used to secure only the NET to the ground (Figure 3.6). Net
pegs should NOT be used to anchor the movable soccer goal.
Figure 3.6: Net Pegs
Net pegs should
never be used to
anchor a soccer goal
6. Guidelines for Goal Storage or Securing When Goal is Not in Use
The majority of the incidents investigated by CPSC did not occur during a soccer match. Most of
the incidents occurred when the goals were unattended. Therefore, it is imperative that all goals are
stored properly when not being used. When goals are not being used always:
a) Remove the net,
b) Take appropriate steps to secure goals such as:
1) Place the goal frames face to face and secure them at each goalpost with a lock and chain
(see Figure 4.1 ),
Chain and Lock
Figure 4.1: Join Goal Faces and Lock Together
Using Chain and Lock
7
2) Lock and chain to a suitable fixed structure such as a permanent fence (see Figure 4.2),
3) Lock unused goals in a secure storage room after each use,
4) If applicable, fully disassemble the goals for seasonal storage, or
5) If applicable, fold the face of the goal down and lock it to its base.
Figure 4.2: Attach Goal Face to Permanent Fence
with a Chain Lock
7. Conclusions /Safety Tips
• Securely anchor or counterweight movable soccer goals at ALL times (see prior illustration).
• Anchor or chain one goal to another, to itself in a folded down position, or to nearby fence posts,
dugouts, or any other similar sturdy fixture when not in use. If this is not practical, store
movable soccer goals in a place where children cannot have access to them.
• Remove nets when goals are not in use.
• Check for structural integrity and proper connecting hardware before every use. Replace
damaged or missing parts or fasteners immediately.
• NEVER allow anyone to climb on the net or goal framework.
• Ensure safety /warning labels (see Appendix C) are clearly visible (placed under the crossbar and
on the sides of the down -posts at eye level).
• Fully disassemble goals for seasonal storage.
• Always exercise extreme caution when moving goals and allow adequate manpower to move
goals of varied sizes and weights. Movable soccer goals should only be moved by authorized
and trained personnel.
• Always instruct players on the safe handling of and potential dangers associated with movable
soccer goals.
• Movable soccer goals should only be used on LEVEL (flat) fields.
8
Appendix A. List of Soccer Organizations
Federation of International De Football Association
Hitzigweg 11,8030
Zurich, Switzerland
Telephone 41 -1- 384 -9595
National Federation of State High School Associations
11724 NW Plaza Circle
Box 20626
Kansas City, Missouri 64195 -0626
Telephone (816) 464 -5400
National Collegiate Athletic Association
6201 College Blvd
Overland Park, Kansas 66211 -2422
Telephone (91 3) 339 -1906
APPENDIX B. For Further Information
For further information on soccer goal anchors and/or to obtain FREE soccer goal warning labels
(see Appendix C), safety alerts/bulletins and additional copies of this document, please contact:
The Coalition to Promote Soccer Goal Safety
c/o Soccer Industry Council of America
200 Castlewood Dr.
North Plain Beach, FL 33408
or call any of these Coalition members:
800 -527 -7510
800 - 334 -4625
800 - 243 -0533
800 -531 -4252
or write: U.S. Consumer Product Safety Commission
Washington, D.C. 20207
To report a dangerous product or a product- related injury, call CPSC'S toll -free hotline at (800)
638 -2772 or CPSC'S teletypewriter at (800) 638 -8270. Consumers can get recall information via
Internet gopher services at cpsc.gov or report product hazards to info @cpsc.gov.
This document is in the public domain. It may be reproduced in part or in whole by an mdlvidual or organization without perrnisslon.
If it is reproduced, however, the Commission would appreciate knowing how it is used. Write the U.S. Consumer Product Safety
Commission, Office of Information and Public Affairs, Washington, D.C. 20207."
The U.S. Consumer Product Safety Commission (CPSC) is an independent regulatory agency charged with reducing unreasonable
risks of injury associated with consumer products.
9
Appendix C. Warning Labels
AWARNING
ALWAYS ANCHOR GOAL
Unsecured Goal Can Fall Over
Causing Serious Injury or Death
AWARNING
NEVER CLIMB OR HANG ON GOAL
Goal Can Fall Over Causing
Serious Injury or Death
10
AWARNING
Never climb or hang on goal.
Goal can fall over causing
serious injury or death.
AWARNING
Always anchor goal.
Unsecured goal can fall over
causing serious injury or death.
U.S. Government Printing Once 1995 - 390 -080 (20491)
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
F. Request Board Approval on Renewal of 5 -Yr PRM Office Lease Agreement
The current office lease expires August, 2007. After review by Legal
Counsel, the Executive Director recommends approval for renewing another
5 -yr. agreement with Cheyney Enterprises. See attachment.
B rd Action:
Approved
Denied
Deferred
Other
G. Request Board Approval of 2007/08 Administrative Budget
The proposed administrative budget includes an 8% salary increase for the
Executive Director and 6% overall for staff. The only significant increase is
the cost for the Insurance Consultant, previously paid by our broker and
which will now be paid directly by PRM. This cost is allocated to each
member based on the Pool's equitable distribution percentage for each
member as are all PRM administrative expenses.
The Executive Committee will review the proposed budget at their
May 10th meeting and provide their recommendation.
Attached: Proposed Administrative Budget for FY 2007/08
Bo rd Action:
Approved
Denied
Deferred
Other
4.F. PRM OFFICE LEASE
NET LEASE AGREEMENT
ADDENDUM
THIS LEASE ADDENDUM is made this 17TH day of April, 2007 ( "EXECUTION DATE ") by and
between ROBERT B. AND PATRICIA ANN CHEYNEY, ( "LANDLORD ") and PUBLIC RISK MANAGEMENT
OF FLORIDA, LESSEE, 3434 HANCOCK BRIDGE PARKWAY, FT MYERS, FL 33903.
The Landlord, located at 3434 Hancock Bridge Parkway, Suite 200, North Fort Myers, Florida
33903, with additional offices at 7845 Manasota Key Rd, Englewood, Florida 34223 is the owner of the
land, building and improvements, which are more particularly described as:
Suite 203, (incorporating Suite 202) of approximately 3,600 and 720 rentable square feet of office
space, located at 3434 Hancock Bridge Parkway, North Fort Myers, Florida 33903 ( "PREMISE$ "). Also
known as North Point Office Plaza, Fort Myers, Florida
1. INTRODUCTION, The Landlord hereby renews and extends the original lease dated and
effective September 1st , 2002 of the Premises, to the Tenant and the Tenant extends and leases the
Premises from the Landlord, upon and subject to the original terms and conditions set forth in the original
Lease Agreement for an additional period as listed and amended below.
1.1 EFFECTIVE DATE OF THE LEASE EXTENSION. This lease renewal/extension
will be effective and commence on September 1st, 2007 ( "Effective Date ").
1.2 TERM. The term of this lease shall be for the period five (5) years from
September 1St, 2007 through and including August 31st , 2012. ( "Lease Period ").
1.3 OPTION TO RENEW. Provided Tenant has not been delinquent in its Lease
Payments within six months of the end of the Lease Period, Tenant may exercise an
option to renew this Lease for additional period of five (5) years. Notice of intent to
exercise this option must be delivered in writing to the Landlord not later than one
hundred and twenty (120) days prior to the end of the lease period. Any extensions of the
original Lease Period accepted by the Landlord shall be controlled by the original Lease
and this Addendum.
1.4 RENT: The rent for the first year of this renewal period. being September 1St,
2007 through August 313`, 2008 of this ADDENDUM shall be at the rate of $17.85 per
square foot for 3600 square feet and $13.91 per square foot for 720 square feet, totaling
$6,189.60 per month. For each subsequent twelve -month period during the Term of the
Lease, the rent shall increase 3% per year beginning September 1st, 2008. The Tenant
shall pay the rent to the Landlord or to the Landlord's Agent in advance, on or before the
first day of each month. Should the Tenant chose to renew this lease for the extended
period beginning September 1st, 2012 following the expiration of this ADDENDUM, the
rent shall be negotiated prior to one hundred and twenty (120) days of the expiration of
the terms of this ADDENDUM.
2. INCORPORATION OF TERMS. All terms of the original Commercial Lease dated
September 1st, 2002 which are not inconsistent with the express terms of this Addendum are incorporated
herein by reference and shall apply to this Addendum.
WITNESSES AS TO LANDLORD:
Printed Nam. %k mad
WITNESSES AS TO TENANT
Printed Name
Patricia Aim CHEYNEY
TENANT: PUBLIC RISK MANAGEMENT OF FLORIDA
By:
Printed Name
4.G. PRM ADMINISTRATIVE BUDGET
FY 2007/08
STAFFING
Public Risk Management
Of Florida
Property / Casualty
Proposed Administrative Budget
FY 2007 - 2008
2005/2006 2005/2006 2006/2007 3/31/2007 2007/2008 % Change
Budget Actual Budget Actual Proposed
Budget
Officer Salary 115,602 118,236 124,850 59,556 134,838 8%
Office Salary 474,525 462,915 502,997 233,484 533,176 6%
Payroll Taxes 44,761 44,619 47,624 21,129 50,480 6%
Florida Retirement 50,851 50,602 54,593 29,252 68,938 26%
Health Ins. - Officer 7,614 7,046 8,756 8,455 10,069 15%
Health Inc. - Office 102,708 94,714 118,114 55,833 135,831 15%
Life Ins. - Officer 832 863 899 465 1,004 12%
Life Ins. - Office 1,691 1,733 1,792 963 1,986 11%
Long Term Disability 8,255 10,901 11,255 4,656 11,500 2%
Total Personnel Budget 806,839 791,629 870,880 413,793 947,822 9%
OPERATING EXPENSE
Legal Fees 12,000 3,787 6,000 5,242 15,000 150%
Pre - defense Legal 7,500 1,040 5,000 115 5,000 0%
Audit Fees 31,000 26,000 29,000 27,200 29,000 0%
Actuarial Study 14,000 13,555 14,000 14,138 14,000 0%
Appraisal Expense 2,500 2,500 5,500 2,750 5,775 5%
Auto Expense 3,000 6,355 3,000 1,444 4,800 60%
Travel Expense 28,500 57,487 30,000 27,105 30,000 0%
Association memberships 3,000 734 2,000 482 2,000 0%
Dues/Subscriptions 2,500 1,571 3,200 1,332 3,200 0%
Education /Training /Confer. 25,000 17,874 30,000 2,970 30,000 0%
Office Lease 71,830 76,040 72,129 36,064 75,736 5%
Janitorial / Cleaning 3,600 2,930 3,600 1,640 3,800 6%
Office/Computer Equipment 18,000 28,744 18,000 18,774 18,000 0%
Telephone 26,000 19,830 26,000 9,579 26,000 0%
Copy Machine Lease 3,000 2,794 3,000 1,324 3,000 056
Repairs/Maint :Equipment 2,000 500 2,000 1,288 2,000 0%
Office Expense 14,000 13,349 14,000 10,329 14,000 0%
Newsletter 4,000 2,498 4,000 833 4,000 0%
Postage 11,000 10,040 12,000 5,854 13,000 8%
Printing 2,000 1,345 2,000 0 2,000 0%
Insurance- Flood /General 3,000 1,000 3,000 1,000 3,000 0%
Loss Prevention Expense 22,000 15,214 22,000 11,532 22,000 0 °h
- Marketing &promotion 4,500 4,616 4,500 168 4,500 0%
Meeting Expense 24,100 25,385 24,100 4,008 24,100 0%
Miscellaneous Expense 2,500 6,359 2,500 2,282 2,500 0%
Training/Seminar Presentation 6,000 0 6,000 0 6,000 0%
Web Site Maintenance 6,800 0 6,800 0 6,800 0%
Hurricane Expense 0 769 0 0 0 0%
Non - Budget -Board Approval 0 868 0 0 0 0%
Total Operating Expense 353,330 343,182 353,329 187,452 369,211 4%
Total Admin. Budget
1,160,169 1,134,811 1,224,209 601,245 1,317,033 8%
Computer Replacement Reserve 7,000 7,000 15,000 15,000 15,000
Auto Replacement Reserve 24.000 24.000 30.000 30.000 30,000
Admin Budget with Reserves 1,191,169 1,165,811 1,269,209 646,245 1,362,033 8%
Group Helath Admin. Transfer
- 116,124 - 58,062 - 143,480.00
Admin Budget with Gr. Filth. Credit 1,191,169 1,165,811 1,153,085 588,183 1,218,553 6%
218,000~
Adman Budget with Ins. Consultant 1,191,169 1,165,811 1,153,085 588,183 1,436,553 25%
Insurance Consultant
Insurance Consultant
120,000 140,000 218,000 109,126
5/1/2007
OPERATING EXPENSE
Legal fees
Audit fees
Actuarial Study
Members' Supplies & Misc.
Trustee E & 0 Insurance
Total Health Operating Cost
Health Transfer Cost:
Personnel
General Expense
Total Health Transfer Cost
Total Admin. Budget
Public Risk Management
Of Florida
Group Health Trust
Proposed Administrative Budget
FY 2007 -2008
2005/06 2005/06
Budget Actual
8,000 0
12,000 13,000
2,500 2,200
3,000 252
15,000 0
40,500 15,452
62,525 62,525
25,798 25,798
88,323 88,323
130,823 103,775
2006/2007 03/31/2007 2007/2008
Budget Actual Proposed
Budget
8,000
14,000
2,500
3,000
15,000
42,500
89,411
26,613
0 8,000
0 14,000
0 2,500
0 3,000
0 15,000
0 42,500
44,706 108,675
13,307 34,805
116,024 58,012 143,480
158,524 58,012 185,980
Transfer to be calculated at 19.5% of applicable salary and 12.5% of applicable operating expenses.
Salariee/Benefits
172,457 Exec. Director
119,977 Asst Exec Director
96,914 Accountant
104,547 UP Consultant
63.413, Admin. Asst.
557,308
19.5%
108,675 Personal Transfer
Operating:
4,800 Auto Expense
30,000
2,000
3,200
30,000
75,736
3,800
18,000
26,000
3,000
2,000
14,000
13,000
2,000
3,000
4,500
24,100
2,500
4,000
6,000
6.800
278,436
12.5 %
34,805
Travel Expense
Assoc Memberships
Dues/Subscriptions
EduclTraln/Conf
Office Lease
Janitorial/Cleaning
OfflcelComputer Equipment
Telephone
Copy Machine Lease
Repairs/Maint- Equipment
Office Expense
Postage
Printing
Insurance - Flood/General
Marketing & promotion
Meeting Expense
Misc. Exp.
Newsletter
Training /Seminar Presentation
Web Site Maintenance
143,480 = 2007/08 Transfer
11,957 = Monthly Transfer
4/18/2007
2007/08 Budget Expenses
Legal Fees
Anticipated need for legal advice - public meetings, by -laws
Sunshine Law - Includes new retajner for legal council
150% Increase
Pre - defense - Legal
Member usage & retainer fee for A.N.B.
No Increase
Audit Fees
Yearly CPA audit & related legal & printing expenses
No Increase
15,000
5,000
28,000
Acturial Study 14,000
Yearly actuarial study & report
No increase.
Appraisal Expense 5,776
Software & related updates for members
5% Increase
Auto Expense 4,800
General maintenance & repairs - O1I changes,
Tune -ups, Tires & Car wash, AAA Coverage,
60% Increase
Travet Expense 30,000
Gas, Lodging, Meals, Air fare
Approx 25% Exec. Dir., 60% Loss Prev.,15% Claims
No Increase
Association Memberships 2,000
Annual Renewals - Includes professional dues/memberships
No increase
Dues / Subscriptions 3,200
Annual Renewals - includes office & trade publications
No Increase - Allows for subscriptions to selected local
newspapers of members.
No Increase
Education / Training / Conference . 30,000
National PRIMA - (2) - $6,000' State PRIMA - (4) - $2,000
PRIMA -Pool Trustees - (7) - $11,000 AGRIP -Pool Admin. - (1) - $2,000
Amer. Soc. of Safety Engineers - (2) - $4,000 FPPA- $2,000
No Increase
Office Lease 76,736
Increase per lease agreement percentage
Janitorial / Cleaning 3,800
Weekly cleaning service, pest control & carpet shampoo
6% increase
Office / Computer Equipment 18,000
Software, Strato Net Internet Connection
Web Site Design, System maintenance,
No increase
Electric
Office electricity expense
Combined with rent expense
Water / Trash
City water, sewer & trash collection
Combined with rent expense
0
0
4/18/2007
Page 1
Telephone
Phone system hardware rental, Three cell phones,
Local service & ISDN & Long Distance service with incoming
Toll -free (800) service
No increase
Copy Machine Lease & Supplies
26,000
3,000
No increase.
Repairs /Maint. - Equipment 2,000
Computer & related equipment repair + misc. "handy-
man" office repairs
No increase.
Office Expense 14,000
General office supplies, binders, paper products,etc.
No increase.
Newsletter 4,000
Quarterly newsletter for members, associates & prospects
No Increase.
Postage 13,000
Pitney Bowes rental, postage, FedEx, etc.
Postage Increase - 2007
Printing 2,000
Invoices, letter head, envelopes, etc.
No increase.
Insurance - Flood/General
Office flood, travel, liability, etc.
No increase
Loss Prevention Expense
Training videos & testing equipment
Computer Projection Equipment
Loss Prevention Programs
No Increase
Marketing & Promotion
Member retention/Prospect. Expenses
Annual Conference promotional items
No increase
Meeting Expense
4 - Quarterly Board Meetings -Room, equip., breakfast
and Luncheon for all members - $7,400
4 - Executive Committee Meetings- Meeting room & refreshment - $2,200
3 - Committee Meetings - Meeting room & refreshment - $1500
1 - Underwriter Meeting - $13,000
No Increase
Miscellaneous Expense
Off -site storage & incidental. expense & fees
No increase
3,000
22,000
4,500
24,100
2,500
Training /Seminar Presentation 6,000
Sexual Harassment, Claims Training, Legal Seminars, etc.
No increase.
Web Site Maintenance
Annual AGOS contract for web site hosting
No increase.
Total Operating Expense:
Auto Replacement Reserve
Four Vehicles 0 $7,500
Computer Replacement Reserve
8,800
359.211
30,000
15,000
Total Replacement Expense: 45,000
4/18/2007
Page 2
Officer Salary 154,398
8% increase from P & c Pool
Office Salary 546,256
6% increase
Payroll Taxes 50,480
Applicable percentage based on eateries
Employee Retirement 68,938
1213% of salary amount - officer
9.85% of salary amount- office
Officer Health Insurance 10,069
Applicable Coverages based on a 15% Increase
Office Health Insurance 135,831
Applicable Coverages based on a 15% Increase
Officer Life Insurance 1,004
Applicable rate based on two times salary
Office Life Insurance 1,986
Applicable rate based on one times salary
Long Term Disability 11,500
Applicable rates based on age & salary
Total Salary Compensation: 980,462
(32.640) **Less Health Compensation
Total Personnel Expense: 947.8
Total Expense with Reserves: 1.362.03$
" Officer compensation direct from the Health Trust is not an expense to the
P & C Pool, but is provided to show total compensation paid to participants.
4/18/2007
Page 3
2007/08 Salary Budget
EXECUTIVE DIRECTOR
2006 -2007 8% Increase 2007 -2008
Current Proposed Proposed
Salary 124,850 9,988 134,838
Payroll Taxes 9,552 573 10,125
Pension / ICMA 15,209 1,212 16,421
Health Insurance 8,756 1,313 10,069
Life Insurance 809 105 1,004
Totals 159,266 13,191 172,457
ASST. EXECUTIVE DIRECTOR 2006 -2007 6% Increase 2007 -2008
Current Proposed Proposed
Salary 78,920 4,735 83,655
Payroll Taxes 6,037 362 6,399
Pension / FL Retirement 6,179 2,061 8,240
Health Insurance 18,583 2,787 21,370
Life Insurance 286 26 112
Totals 110,005 9,972 119,977
ACCOUNTANT
2006 -2007 6% Increase 2007 -2008
Current Proposed Proposed
Salary 61,939 3,716 65,655
Payroll Taxes 4,738 284 5,022
Pension / FL Retirement 4,850 1,617 6,467
Health Insurance 16,977 2,547 19,524
Life Insurance 721 21 2.1§
Total 88,729 8,185 96,914
CLAIMS & ADMIN. ASSISTANT 2006 -2007 6% Increase 2007 -2008
Current Proposed Proposed
Salary 35,129 2,108 37,237
Payroll Taxes 2,686 161 2,847
Pension / FL Retirement 2,751 917 3,668
Health Insurance 16,977 2,547 19,524
Life Insurance 127 11 IN
Totals 57,670 5,743 63,413
SR. LOSS PREV. CONSULTANT 2006 -2007 6% Increase 2007 -2008
Current Proposed Proposed
Salary 85,044 5,103 90,147
Payroll Taxes 6,505 390 6,895
Pension 1 FL Retirement 6,659 2,220 8,879
Health Insurance 8,756 1,313 10,069
Life Insurence ?.E$ E
Totals 107,252 9,074 116,326
LOSS PREV. CONSULTANT
2006- 2007 6% Increase 2007 -2008
Current Proposed Proposed
Salary 75,998 4,560 80,558
Payroll Taxes 5,813 349 6,162
Pension / FL Retirement 5,951 1,984 7,935
Health Insurance 18,583 2,787 21,370
Life Insurans a 2E1 2§ ZQ1
Totals 106,618 9,708 116,326
L/P ADMINISTRATIVE ASSISTANT -I 2006 -2007 6% Increase 2007 -2008
Current Proposed Proposed
Salary 36,467 2,188 38,655
Payroll Taxes 2,791 167 2,958.
Pension / FL Retirement 2,855 953 3,808
Health Insurance 5,290 794 6,084
Life Insurance 131 14 145
Totals 47,534 4,116 51,650
L/P CONSULTANT -EMP. PRACTICES 2006 -2007 6% Increase 2007 -2008
Current Proposed Proposed
Salary 68,900 4,134 73,034
Payroll Taxes 4,865 292 5,157
Pension / FL Retirement 5,395 1,799 7,194
Health Insurance 16,427 2,464 18,891
Life Insurance 23§ m 2Z2
Totals 95,823 8,724 104,547
CLAIMS MANAGER 2006 -2007 6% Increase 2007 -2008
Current Proposed Proposed
Salary 60,599 3,636 64,235
PayroH Taxes 4,636 278 4,914
Pension / FL Retirement 4,745 1,582 6,327
Health Insurance 16,521 2,478 18,999
Life Insurance 225 a M
Totals 86,726 7,987 94,713
2006.2007 6% Increase 2007 -2008
Current Proposed Proposed
Total Officer Salary 124,850 9,988 134,838 8%
Total Office Salary 502,996 30,180 533,176 6%
Total Payroll Taxes 47,623 2,857 50,480 6%
Total Retirement 54,594 14,344 68,938 26%
Total Officer HMI Ins 8,756 1,313 10,069 15%
Total Office Hlth Ins 118,114 17,717 135,831 15%
Total Officer Life Ins 899 105 1,004 12%
Total Office Life Ins 1791 195 1.986 11%
Total Payroll Expense 859,623 67,976 936,323 9%
Total Long Term Disab Ins 11.255 3,750 11.500 2%
Total Staffing Expense 870,878 71,726 947,823 9%
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
Request Approval on Changes to By -Laws Ross Furry
Attached are By -Laws changes that are being recommended in order to affix the
changes that the Board voted in order that all of our policies have an inception date
of April 1st and an expiration date of March 31st. Listed below is a recap of each
change.
Page 1, 1st Paragraph — BE IT KNOWN THAT: The proposed change corrects
Florida Statutes Sections 768.28(15) to read Florida Statutes Sections
768.28(16)(a).
Article 2 — Definitions and Purpose
Amended wording will place the Loss Fund on a policy year rather than fiscal
year.
Amended wording will add Policy Year to Definitions and Purpose.
Article 3 — Powers and Duties
Amendment to Article 3.1.6. — Adds language that allows and identifies that PRM
has the power to purchase any insurance, i.e., reinsurance, excess property,
excess WC, excess liability, pollution, boiler & machinery, etc., approved by the
Board.
Amendment to Article 3.1.8. — Correct Florida Statutes Section 768.28(14) to
(16).
Article 4 — Participation and Term
Amendment to Article 4.2. Notice of Withdrawal — Change fiscal year to policy
year.
Amendment to Article 4.3. Actual Withdrawal /Required Withdrawal — Change
fiscal year to policy year. Change final notice date from August 15 to February
15. Change the date to expel a member from August 1 to February 1 as
described in Article 17.
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
5. Request Approval on Changes to By -Laws (cont'd)
Article 9 — Finances and Risk Management Pool
Amendment to Article 9.2.Budget — Change fiscal year to policy year. Change
date to adopt a final budget from August 1 to February 1 to coincide with policy
year.
Amendment to Article 9.4. Budget Amendments — Change fiscal year to policy
year.
Article 10 — Excess Insurance
Amendment to Article 10.4. Losses — Change fiscal year to policy year.
Article 11 — Obligations of Members
Amendment to Article 11.1.7.1. — Change date to November 1 and change fiscal
year to policy year.
Article 14 — Settlements
Amendment to Article 14.1 Settlement/Advance Notice — Change settlement
amount from $5,000 to $10,000.
The fiscal year for the Pool will remain from October 1st to September 30th
according to Florida statutes, substantiated by the attached memos from our
independent auditor and legal counsel.
Bo rd Action:
Approved
Denied
Deferred
Other
Proposed By -Laws Changes (The proposed changes are reflected by striking
through and underlining the current text and replacing with bolding and italics.)
Proposed: The below named public agency or agencies of the State of Florida for
the purpose of a risk management and self - insurance association pursuant to the
terms of Florida Statutes Sections 768.28(4-5) (16)(a), 440.57, and 163.01, Florida
Interlocal Cooperation Act of 1969, do bind themselves contractually to and adopt
these Articles of Association and By -Laws.
Article 2 - Definitions and Purpose
Proposed: "Loss Fund ": The fund established to pay claims occurring within the
"Self Insured Retention." The "Loss Fund" represents the maximum amount for
which the Pool is exposed in a single fiscal policy period.
New Addition: "Policy Year": The policy year of the Pool shall begin on April 1st
and end on March 31st, or on other dates as approved by the membership in
attendance at a scheduled meeting of the membership.
Article 3 - Power and Duties
3.1.6.
Current: To purchase Aggregate Excess Insurance and Specific Excess
Insurance to supplement the Risk Management Pool without such being a waiver of
sovereign immunity under Florida Law.
Proposed: To purchase Aggregate Excess Insurance, Reinsurance, Excess
Property Insurance, Excess Worker's Compensation Insurance, Excess
Liability Insurance, Pollution Insurance, Boiler & Machinery Insurance and
Specific Excess Insurance, and any other form of insurance deemed reasonable
and necessary by the Board of Directors to promote or serve the powers and
duties of the Pool to supplement the Risk Management Pool without such being a
waiver of sovereign immunity under Florida Law.
3.1.8.
Proposed: To provide Risk Management services including the defense of and
settlement of claims and to have authority granted by Florida Statutes Section
768.28(14) (16).
Article 4 - Participation and Term
4.2.
Proposed: Notice of Withdrawal: So long as the Pool shall continue in existence,
any current or new Member joining the Pool shall remain a Member for an initial two -
year term except a new Member coming into the Pool after the first day of the fiscal
policy year shall be obligated to be a member for not less than eighteen (18)
months. A new member's rates will be guaranteed for their initial term.
Any Member may withdraw from the Pool at the end of the fiscal policy year upon
serving on the Pool by mail, fax or hand delivery at least one year's prior written
notice. Such notice shall be addressed to the Executive Director of the Pool and
shall be accompanied by a resolution of the governing body of the Member electing
to withdraw from the Pool.
4.3.
Proposed: Actual Withdrawal /Required Withdrawal: Any Member who has served
the Executive Director with prior written notice of its intent to withdraw at least one
(1) year prior to the beginning of the fiscal policy year for which the notice to
withdraw is applicable, shall serve in writing to the Executive Director, by mail, fax or
hand delivery on or before AuS February 15 prior to the beginning of such
fiscal policy year, a verification as to whether the Member intends to actually
withdraw from the Pool at the end of the current fiscal policy year. Failure to serve
such verification on or before August -15 February 15 prior to the beginning of the
fiscal policy year for which notice of intent to withdraw is applied, shall be deemed a
revocation of the prior notice of intent to withdraw; thus, binding the Member to the
Pool for the ensuing fiscal policy year. Provided, however, any Member who serves
written notice of its intent to withdraw from the Pool more than once during any three
(3) year period may be required, at the option of the Board of Directors, to withdraw
from the Pool on the second such notice. An action to expel a Member in this
manner shall be taken by the Board of Directors prior to Aup February 1 of the
current fiscal policy year in the manner described in Article 17 hereafter.
Article 9 - Finances and Risk Management Pool
9.2.
Proposed: Budget: The Board of Directors or the Executive Committee shall
approve a preliminary budget for the administration of the Pool by June 1 of each
year. Copies of all preliminary and final budgets shall be promptly mailed to each
Member of the Board of Directors. The Board of Directors shall, by A-1-
February 1 of the year prior to the start of each fiscal policy year adopt a final
budget and determine the amount of the Annual Payment to be made by each
Member and the date upon which the payment is due. Failure of the Board of
Directors or the Executive Committee to approve a preliminary or final budget within
the times set forth within this Section shall not relieve the Members of the obligation
to make any payments to the Pool so long as such budgets are finally adopted, and
the Members are given at least thirty (30) days after the passage of the final budget
in which to make Annual Payments to the Pool.
9.4.
Proposed: Budget Amendments: Budgets may be amended at any time by majority
vote of the Board, provided, however, such amendments may not require payments,
when added to previous payments by a Member for such fiscal policy year, to
exceed such Member's Annual Payment determined for such year. The forwarding
of such payments within a time specified in notices to the Members giving them not
less than forty-five (45) days to make such payments shall be of the essence of this
contract.
Article 10 - Excess Insurance
10.4.
Proposed: Losses: The Risk Management Pool (Loss Fund), the Specific Excess
Insurance and any optional Aggregate Excess Insurance purchased, shall provide
payment for covered losses in any one fiscal policy year for members up to the
limits approved by the Board of Directors. Should losses in any one fiscal policy
year extinguish all available funds provided by the Pool then the individual Member
or Members whose judgment or settlement of claim has been perfected by Florida
law shall be responsible for any additional payment. The Pool shall make payments
in the order in which the judgments against the Pool have been entered or
settlement of claims have been reached or other manner established at a meeting by
the Board. Membership in the Pool shall not preclude any Member from purchasing
any insurance coverage above those amounts purchased by the Pool.
Article 11 - Obligations of Members
11.1.7.1.
Proposed: To provide on or before May 1- November 1 of each fiscal policy year
of the Pool, the Member's renewal application shall be completed by the member as
required by the Underwriters.
Article 14 - Settlements
14.1.
Proposed: Settlement/Advance Notice: Whenever the Pool proposes to settle any
pending claim or suit where the amount of that proposed settlement shall exceed
Five Ten Thousand Dollars 4$5:080:80) ($10,000.00), the Member shall be given
advance notice of that settlement. Such notice may be given by the establishment of
a reserve amount in excess of give Ten Thousand Dollars ($57000:00) ($10,000.00),
provided that the amount of the settlement does not exceed the amount reserved.
The officers and employees of the Pool shall, however, endeavor to give specific oral
or written notice to the Member's Representative or Alternate of the exact amount of
any proposed settlement in excess of Five ve Ten Thousand Dollars ,
($10,000.00) prior to the date at which the Pool proposes to bind itself to pay such
settlement amount. The officers, employees or independent contractors of the Pool
shall attempt to give the Members, as much as notice of the settlement negotiations
as is possible under the circumstances of each case.
Karen Fontenot, CPA
April 23, 2007
Mr. Ross D. Furry, Executive Director
Public Risk Management of Florida
3434 Hancock Bridge Parkway, Suite 203
Fort Myers, Florida 33903
Dear Ross:
1405 Black Willow Trail
Altamonte Springs, FL 32714
(407) 461 -5747
karen459@bellsouth.net
Pursuant to our telephone conversation last week, Public Risk Management is a local government self -
insurance fund organized under Florida Statute Chapter 624.4622. Under Florida States Chapter 218.33, local
government entities are required to begin their fiscal years on October 1 and end it on September 30.
Therefore, it appears Public Risk Management of Florida is required to retain its fiscal year end of September
30. I would suggest you might consider getting a legal opinion from the attorney for Public Risk
Management of Florida.
If you have any questions or I can be of further assistance, please do not hesitate to contact me.
Sincerely,
Karen Fontenot, CPA
Page 1 of 1
Ross D. Furry
From: Don Roper [Donroper @roperandroper.com]
Sent: Monday, April 23, 2007 10:04 AM
To: Ross D. Furry
Cc: Judy Heam; 'Denise Covert'
Subject: PRM fiscal year issues
Importance: High
Fla. Stat. section 218.33, titled "local governmental entities ; establishment of uniform fiscal years and accounting
practices and procedures ", does indeed mandate in subsection (1) that "each local governmental entity shall
begin its fiscal year on October 1 of each year and end it on September 30 ". As a result, I agree with PRM's
CPA that PRM's fiscal year must remain beginning October 1 and ending September 30 despite the other pending
or proposed bylaw amendments.
Thanks. Don
4/23/2007
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
6. Broker's Report Greg Butterfield
A. Property Proposal for 10/1/07 thru 4/1/08
7. Insurance Consultant's Report Glenn Tobey
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
8. Election of Officers John Litton
The term of office for Vice Chairperson, North and South Representatives will
expire 9- 30 -07. Elections will be held for the 2 -year term, beginning 10 -1 -07.
Incumbents Jeff Sutton, Jennifer Valdes, and Robbie Chartier have submitted
their willingness to continue serving in their respective capacities.
Nominations will also be taken from the floor.
Executive Committee:
John Litton, Chairperson - October 2006 -2008
*Jeff Sutton, Vice Chairperson — October 2005 -2007
Mike Sheppard, Treasurer — October 2006 -2008
*Jennifer Valdes, North Representative, October 2005 -2007
Robbie Chartier, South Representative, October 2005 -2007
`Elected at March 9th Board Meeting to fill unexpired term.
Vice Chairperson 15-a( S,c /jo tv
North Representative :1---11 of Lie % `des
nl
South Representative Tn�Q�'%� °R
City of New Port Richey
Ole Gateway 7oTropical j(urida'
5919 Main Street, New Port Richey, Florida 34652
Public Risk Management of Florida
3434 Hancock Bridge Parkway, Suite 203
Fort Myers, Florida 33903
To the Board of Directors
At this time I am asking your support to select me to serve as Vice Chairperson on
the Board of Directors of our pool, Public Risk Management of Florida.
1 have been the Director of Human Resources /Risk Management for the City of
New Port Richey for the . past twenty -three years; and have served as your North
Quadrant Executive Committee Representative Since June 2004.
The City of New Port Richey has been an active member of the Public Risk
Management pool since .1993 and has been consistently aggressive in managing
our loss prevention and insurance risk programs. Our City's proactive approach
to loss prevention and management practices has'enablcd the City to receive the
Large l ntity "Best Overall" Safety Award seven (7) out of the last nine (9) years.
Like all of you, I am paid to adequately insure my entity from loss and to manage
our loss prevention programs. The continued.succcss of our pool is paramount to
us in this endeavor. We have one of the best.Public.Entity Insurance pools in the
country. If elected Vice Chairperson of the Board of Directors, .I pledge to all of
our members my commitment to keep it.that way.
ccrely,
ff tton
Director of Human Resources /Risk Management
JENNIFER VALDES
Human Resources Officer
City of Gulfport
PRM Board Members, Executive Committee, and Staff
Please let this memo serve as notice of my interest in continuing to serve on the Executive Board as the
Northern Representative.
The City of Gulfport has been a long term supporter of the PRM program for many years, and I look
forward to expanding that relationship by serving on the Executive Board. As I initially stated, I pride
myself on establishing and maintaining effective, productive and meaningful relationships, and I feel that
I have been successful in doing so with members of PRM, the Executive Board and Staff.
I have served as the Human Resources Officer/Risk Manager for the City of Gulfport for the past five
years, and have been a very active member ever since. Working in a medium sized, full service
municipality for the last five years, has provided me unique opportunities for direct hands on experiences
in a wide variety of areas under the insurance, risk management and human resources umbrellas. Thus,
coupled with a Bachelors and soon to be Masters Degree in Human Resources, nine plus years of
experience in Human Resources/Risk Management, and being a nationally certified professional in
human resources, I feel, adequately qualify me to serve on this board.
Thank you again for the opportunity,
Jennifer Valdes, PHR
Human Resources Officer
Robbie L. Chartier
Deputy County Administrator
Okeechobee County
304 NW 2nd Street, Room 109
Okeechobee, FL 34974
RE: South Quadrant Executive Committee Membership
To PRM Board Members:
The South Quadrant board position term is due to expire, and having served on the executive
board since March, 2005, I am requesting consideration for reappointment to this position.
I have been actively involved with PRM since 1998. In my nearly nine years as Deputy County
Administrator for Okeechobee County, it has been my responsibility to ensure the best coverage
for my organization. I have upheld the mission of PRM and its goals to maintain Okeechobee
County's membership. Okeechobee County has required staff to bid out insurance coverage
from time to time, it has been my responsibility to analyze the bids and prepare a
recommendation for the best coverage for our County. I have had the opportunity to explain the
benefits to both our commissioners and our auditors being a part of an insurance pool as
compared to single entity coverage. Having served on the committee to review the Brokerage
Services request for qualifications, that best serves the interest of the pool members, I have
gain considerable knowledge and experience of the processes involved with our insurance pool.
I have a Master's in Public Administration and a BA in Accounting. My primary functions as
Deputy County Administrator involve Budgeting, Financial Analysis, Risk Management, Human
Resources and Grants. Prior to working in Okeechobee County, I was a Budget/Management
Analysis for Charlotte County.
With my education and work experience, I believe I will continue be an asset to the executive
board and provide forethought and insight in the area of risk management and financial skills for
the future of Public Risk Management.
Respectfully Submitted,
Rea& Z. elfw
2017 SW 67TH DRIVE • OKEECHOBEE, FL 34974 • PHONE 863 - 467 -5043
ROBBIE L. CHARTIER, MPA, CM
OBJECTIVE
Deputy County Administrator
PROFESSIONAL PROFILE
Practice of public administration with emphasis in budgeting, management
analysis for the past 17 years, emphasis in risk management, human
resources, and operational management of library, parks & recreation, and
outreach services for past 9 years. Excellent analytical skills, including
organizational structure and management process analysis. Strong
interpersonal skills including oral and written communication skills with all
level of management and the public. Staff supervision and delegation of
duties. Success oriented with high energy and a positive attitude, problem
solver, team player with ability to work independently, enthusiastic,
creative, flexible and computer literate.
EDUCATION
ICMA UNIVERSITY
ICMA Credentialed Manager, May 2005 — present
FLORIDA GULF COAST UNIVERSITY, FORT MYERS, FL
Master's in Public Administration, 2002
UNIVERSITY OF SOUTH FLORIDA, FORT MYERS, FL
BA, Accounting 1996
PROFESSIONAL EXPERIENCE
COUNTY OF OKEECHOBEE, FL
Deputy Cauniy Administrator, June 1998 - present
Administrator of Finance, including annual budget development of the
$100 million total annual budget Responsible for overseeing policy
development and formation for organization. Operational supervision for
Recreation & Parks, Library, Outreach Services (includes Senior Services,
Extension Office & Veteran's Services), Housing /Grants and Tourist
Development. Management of Risk, Special Assessments, Purchasing,
Contract Management, and Grants, and Supervisor of Employee Relations
Specialist. Enterprise Zone Coordinator and Public Information Officer.
Executive Board Member - Heartland Library Cooperative
June 1998 - present
Executive Board Member - Public Risk Management March 2005— present
COUNTY OF CHARLOTTE, FL OFFICE OF BUDGET
Budget 'Management Analyst, May 1996 June 1998
Annual Budget Development of the $335 million total annual budget,
which has received the GFOA Distinguished Budget Award for 7 years,
through teamwork. Exclusively responsible for $157 million through
communication and training of departments in budgeting policies,
benchmarking and performance measures; Coordinator for the
management and development of the $175 million five year Capital
Improvement Program through review of projects, staff supervision and
presentation of program to CIP committee; Management analysis of
activity based processes by reviewing, documenting, and recommending
improvements for efficiency and effectiveness of county services,
completed Health Insurance Program analysis and Library Book processing
analysis; Budget Management of Public Works Department, MSBU /TUs,
Risk Management and Human Resources through review and analysis of
revenue, operating expenses and performance measures; Serve on Team for
negotiating Developer Agreements and Orders in relation to level of
service for road impacts; Projects: Developed a capital improvement policy
and vehicle replacement program.
Assistant Budget Analyst, January 1994 May 1996
Budget Management of Public Works Department, MSBU /TUs, Park &
Recreation, Environmental Services, Judicial System and Facilities Mgmt.,
through review and analysis of revenue, operating expenses and
performance measures; Annual Budget Development of the $395 million
total annual budget, was exclusively responsible for $76 million through
communication and training of departments in budgeting policies,
benchmarking and performance measures; CIP analyst of the $248 million
five year Capital Improvement Program through review of projects,
Projects: Developed a concurrency management report.
COUNTY OF CHARLO'1TE, FL, PUBLIC WORKS DEPARTMENT
Accountant I, October 1990 — January 1994
Prepared and monitored the department's five -year Capital Improvement
Program, ranking and prioritizing all department projects totaling $71
million; Prepared and monitored the departments budgets and work
programs for the Municipal Benefit Service Units and Taxing Units
(MSBU /TUs) totaling $42 million, through assisting in the development of
labor and overhead rates; Assisted in the development of a reorganization
of the department; Coordinated the development of the department's
accounting information system; Served on Fleet Management Committee
tasked with contracted versus in -house services; Prepared FEMA report for
rainfall flood disaster in 1992, recognized by the Emergency Management
Director for excellent record keeping and tenacity in seeing the job
through; Prepared Financial Reports of MSBU /TUs for citizen advisory
groups.
NEWELL WINDOW FURNISHINGS, FREEPORT, IL
Associate Cost Accountant, September 1988 — June 1990
Senior Payroll Clerk, May 1986 — August 1988
PROFESSIONAL MEMBERSHIPS
Government Finance Officers Association
Florida City and County Management Association
ICMA Credentialed Manager May 2005 — present
PUBLIC RISK MANAGEMENT OF FLORIDA
Membership by Quadrant
March, 2007
NORTHERN QUADRANT
Executive Committee Representative
Jennifer Valdes, City of Gulfport
Town of Belleair
City of Brooksville
City of Crystal River
City of Deltona
City of Eustis
City of Fort Meade
City of Gulfport
Hamilton County Bd. County Comm.
Holmes County Bd. County Comm.
City of Indian Rocks Beach
Town of Kenneth City
Town of Lady Lake
City of Lake Mary
City of Lake Wales
Levy County Bd. County Comm.
City of Longwood
City of New Port Richey
City of Oviedo
City of Port Richey
City of St. Pete Beach
City of Safety Harbor
City of South Pasadena
City of Tavares
City of Temple Terrace
City of Winter Garden
City of Zephyrhills
Total: 26
SOUTHERN QUADRANT
Executive Committee Representative
Robbie Chartier, Okeechobee County
City of Avon Park
City of Belle Glade
City of Clewiston
DeSoto County Bd. County Comm.
Glades County Bd. County Comm.
Hardee County Bd. County Comm.
Hendry County Bd. County Comm.
Highlands County Bd. County Comm.
City of LaBelle
Town of Lake Placid
Lee County Port Authority
Town of Longboat Key
City of Moore Haven
City of North Port
City of Okeechobee
Okeechobee County Bd. County Comm.
City of Pahokee
City of Punta Gorda
Sarasota- Manatee Airport Authority
City of Sebring
South Florida Water Conservancy
Sun `n Lake of Sebring Impr. District
City of Wauchula
Total: 23
4/30/07
Avon Park, City of
110 E. Main Street
Avon Park, FL 33825 -8466
PRM MEMBERSHIP
Telephone # 863 -452 -4406
Fax # 863 - 452 -4413
County of: Highlands
Employee # 54
Board Member: Kathy Bennett Human Resource Specialist 018
Board Member E -Mail: kbennett @avonpark.cc
Alternate: Sarah Adelt Administrative Assistant 10/1/90
Alternate E -Mail: sadelt@avonpark.cc
Belle Glade, City of
110 Dr. Martin Luther King, Jr. Blvd, West
Belle Glade, FL 33430
Telephone # 561- 996 -0100
Fax # 561- 992 -2215
County of: Palm Beach
Employee # 242
Board Member: Vivian Hunter Director HR 040
Board Member E -Mail: Vivian @belleglade - fl.com
Alternate: Diana Hughes Interim Director of Finance 10/1/96
Alternate E -Mail: Diana @belIeglade -fl.com
Belleair, Town of Telephone # 727 - 588 - 3769x214
901 Ponce De Leon Blvd. Fax # 727 -588 -3778
Belleair, FL 33756 -1096
County of: Pinellas
Employee # 80
Board Member: Joseph P. Murphy Assistant to the Town Manager 023
Board Member E -Mail: jmurphy @townoibelleair.net
Alternate: Susan Lee Human Resources Tech 10/1/92
Alternate E -Mail: slee@townofbelleair.net
Brooksville, City of Telephone # 352 - 544 -5400
201 Howell Avenue Fax # 352 -544 -5433
Brooksville, FL 34601. County of: Hernando
Employee # 137
Board Member: Steve Baumgartner Finance Director
Board Member E -Mail: sbaumgartner@ci.brooksville.flus
Alternate: Margaret Bosack Acting HR Director
Alternate E -Mail: mbosack@ci.brooksville.fl.us
Clewiston, City of Telephone # 863- 983 -1484
115 W. Ventura Avenue Fax # 863- 983 -7222
County of: Hendry
Clewiston, FL 33440 -3709 Employee # 136
Board Member: Ted Byrd Finance Director
Board Member E -Mail: Ted.Byrd @clewiston -fl.gov
Alternate: Laurie Lindsey Ins Coordinator
Alternate E -Mail: laurie.lindsey @clewiston -fLgov
055
10/1/04
016
10/1/89
Crystal River, City of
123 North West Highway 19
Crystal River, FL 34428 -3930
Telephone # 352 - 795 -6994
Fax # 352- 795 -6351
County of: Citrus
Employee # 64
Board Member: Linda Stilson Asst Finance Director
Board Member E -Mail: Istilson @crystalriverfl.org
Alternate:
Alternate E -Mail:
Deltona, City of
2345 Providence Blvd.
Deltona, FL 32725
Board Member: Faith Miller City Clerk
Board Member E -Mail: fmiller @ci.deltona.fl.us
Alternate: Clyde Perry Human Resources Director
Telephone # 386 - 878 -8100
Fax # 386- 789 -7232
County of: Volusia
Employee # 185
Alternate E -Mail:
DeSoto County BOCC
201 E. Oak Street, Suite 202
cperry @ci.deltona.fl.us
Arcadia, FL 34266 -4451
Board Member: Jerry Hill
Board Member E -Mail: j.hill @co.desoto.fl.us
Alternate: Paul Erickson
Alternate E -Mail: Paul @co.desoto.fl.us
Eustis, City of
P. O. Drawer 68
10 North Grove Street
Eustis, FL 32726 -0068
Telephone # 863 - 993 -4808
Fax # 863- 993 -4857
County of Desoto
Employee # 204
Commissioner
Director HR
025
10/1/92
050
10/1/99
003
10/1/99
Telephone # 352- 589 - 4040x1140
Fax # 352 -589 -4274
County of Lake
Employee # 272
Board Member: Mike Sheppard Dep Dir Finance
Board Member E -Mail: sheppardm @ci.eustis.fl.us
Alternate: Ann Isaacs Director HR
Alternate E -Mail: issacsa @ci.eustis.fl.us
Fort Meade, City of
P. O. Box 856
8 West Broadway
Fort Meade, FL 33841 -0856
Telephone # 863- 285 - 1100x233
Fax # 863 - 285 -1124
County of: Polk
Employee # 80
Board Member: Phyllis Kirk Deputy City Clerk
Board Member E -Mail: pkirk @cityoffortmeade.com
Alternate: Deena Ware Assistant to City Manager
Alternate E -Mail: dware @cityoffortmeade.com
Glades County BOCC
P. O. Box 1018
500 Avenue J
Moore Haven, FL 33471 -1018
Telephone #
Fax #
County of
Employee #
Board Member: Robert Giesler County Commissioner
Board Member E -Mail: bobgiesler68 @yahoo.com
Alternate: Mary Ann Dotson Human Resources Director
Alternate E -Mail: mdotson @gladescofl.net
863 - 946 -6000
863 - 946 -2860
Glades
160
022
10/1/92
026
10/1/92
004
10/1/87
Gulfport, City of
2401 53rd Street, South
Gulfport, FL 33707
Board Member: Jennifer Valdes
Telephone # 727 - 893 -1000
Fax # 727 - 893 -1005
County of: Pinellas
Employee # 170
Human Resources Officer 020
Board Member E -Mail: jvaldes @ci.gulfport.fl.us
Alternate:
Alternate E -Mail: @ci.gulfport.fl.us
Hamilton County BOCC
313 Hatley Street
Telephone # 386- 792 -6639
Fax # 386 - 792 -6808
County of: Hamilton
10/1/91
Jasper, FL 32052 Employee # 117
Board Member: Bob Poor County Coordinator 043
Board Member E -Mail: hamiltoncounty @alltel.net
Alternate: Mike Adams Commissioner 10/1/97
Alternate E -Mail:
Hardee County BOCC Telephone # 863- 773 -2161
205 Hanchey Fax # 863 - 773 -2154
County of: Hardee
Wauchula, FL 33873 -9691 Employee # 220
Board Member: Jane Long Human Resource Director
Board Member E -Mail: jane.long @hardeecounty.net
Alternate: Danny Weeks Facilities Director
Alternate E -Mail: danny.weeks @hardeecounty.net
Hendry County BOCC Telephone # 863- 675 -5221
P. O. Box 2340 Fax # 863 - 675 -5317
25 Hicopochee Avenue
Labelle, FL 33975 -2340
Board Member:
Board Member E -Mail: @hendryfla.net
Alternate: Janet B. Taylor Commissioner
Alternate E -Mail: jtaylor @hendryfla.net
Highlands County BOCC
P. O. Box 1926
600 S. Commerce Avenue
Sebring, FL 33871 -1926
County of: Hendry
Employee # 403
Telephone # 863- 402 -6792
Fax # 863 -402 -6507
County of: Highlands
Employee # 479
Board Member: Ricky Helms Assistant County Administrator
Board Member E -Mail: rhelms @bcc.co.highlands.fl.us
Alternate: John Minor HR -Risk Management Director
Alternate E -Mail: jminor @bcc.co.highlands.fl.us
Holmes County BOCC
201 North Oklahoma Street
Bonifay, FL 32425 -2195
Telephone # 850 -547 -1119
Fax # 850 -547 -4471
County of: Holmes
Employee # 197
Board Member: Raymon Thomas Commissioner Chairman
Board Member E -Mail: hcbccins @yahoo.com (Hope Hall- contact)
Alternate: Monty Merchant Commissioner
Alternate E -Mail: hcbccins @yahoo.com
011
10/1/87
005
10/1/87
034
10/1/94
046
10/1/98
Indian Rocks Beach, City of
1507 Bay Palm Blvd.
Indian Rocks Beach, FL 33785 -2899
Board Member: Martin Schless
Board Member E -Mail: mschless @irbcity.com
Alternate: Bert Valery
Alternate E -Mail:
Kenneth City, Town of
6000 54th Avenue North
Kenneth City, FL 33709 -1806
Board Member: Nancy Beelman
Board Member E -Mail: town57 @verizon.net
Alternate: Muriel Whitman
Alternate E -Mail: town57 @verizon.net
LaBelle, City of
P. O. Box 458
481 Hicopochee Avenue
Labelle, FL 33975 -0458
Telephone # 727 -595 -2517
Fax # 727 -595 -4627
County of: Pinellas
Employee # 31
Interim City Treasurer/Finance Director
Commissioner
Telephone # 727 - 544 -6655
Fax # 727 -547 -2038
County of: Pinellas
Employee # 25
Dir Personnel
Mayor
Telephone # 863- 675 -2872
Fax # 863 -675 -7271
County of: Hendry
Employee # 50
Board Member: Michael Boyle Supt Public Works
Board Member E -Mail: mboyle@earthlink.net
Alternate: Lisa Smith Asst to City Clerk
Alternate E -Mail: lisasmith @citylabelle.com
Lady Lake, Town of Telephone # 352 -751 -1555
409 Fennell Blvd. Fax # 352- 751 -0230
County of Lake
Lady Lake, FL 32159 -3159 Employee # 83
Board Member:
Board Member E -Mail:
Alternate:
Alternate E -Mail:
Lake Mary, City of
P. O. Box 958445
100 N. Country Club Road
Lake Mary, FL 32795 -8445
Marcel Blais Risk Manager
mblais @ladylake.org
Bill Vance Town Manager
bvance @ladylake.org
Telephone # 407 - 585 -1400
Fax # 407 -585 -1464
County of: Seminole
Employee # 151
Board Member: John Litton City Manager
Board Member E -Mail: jlitton @lakemaryfl.com
Alternate: Jacqueline Soya Dir Finance
Alternate E -Mail: jsova @lakemaryfl.com
Lake Placid, Town of
311 W. Interlake Blvd.
Telephone #
Fax #
Lake Placid, FL 33852
Board Member: Arlene Tuck Town Clerk
Board Member E -Mail: ajt- townoflp@htn.net
Alternate: Phil Williams Chief of Police
Alternate E -Mail: 1ppdchief @yahoo.com
County of
Employee #
863 -699 -3747
863- 699 -3749
Highlands
39
053
10/1/00
021
10/1/92
006
10/1/87
042
10/1/97
031
10/1/94
037
10/1/96
Lake Wales, City of
P. O. Box 1320
Lake Wales, FL 33859 -1320
Board Member: Sandra Davis
Telephone # 863- 678 -4193
Fax # 863 -678 -4180
County of: Polk
Employee # 185
Manager HR
Board Member E -Mail: sdavis @cityoflakewales.com
Alternate:
Alternate E -Mail:
Lee County Port Authority
11000 Terminal Access Road, Suite 8671
Fort Myers, FL 33913 -8899
Board Member: Pamela Conner
Board Member E -Mail: plconner @flylcpa.com
Alternate: Robert W. Zega
Alternate E -Mail: rwaega @flylcpa.com
Levy County BOCC
P. O. Box 310
355 South Court Street
Bronson, FL 32621 -0310
Board Member: Fred Moody
Board Member E -Mail: levybocc @circuit8.org
Alternate: Jacqueline Martin
Alternate E -Mail: levybocc @circuit8.org
Longboat Key, Town of
501 Bay Isles Road
Longboat Key, FL 34228 -3196
Telephone # 239 -590 -4520
Fax # 239 -590 -4548
County of: Lee
Employee # 245
Director Gen Services
Risk Manager
Telephone # 352 - 486 -5217
Fax # 352 -486 -5167
County of Levy
Employee # 218
County Coordinator
Human Resource Manager
Telephone # 941 - 316 -1999
Fax # 941- 316 -1774
County of: Manatee /Sarasota
Employee # 148
Board Member: Jane O'Connor Town Clerk/Dir of Admin Services
Board Member E -Mail: joconnor @longboatkey.org
Alternate: Gerald Wilson Purchasing Manager
Alternate E -Mail: gwilson @longboatkey.org
Longwood, City of
175 West Warren Avenue
Longwood, FL 32750 -4197
Telephone #
Fax #
County of:
Employee #
Board Member: Dawn Jackson Personnel Manager
Board Member E -Mail: d jackson@longwoodfl.org
Alternate: Carol Rogers Financial Services Director
Alternate E -Mail: crogers@longwoodfl.org
Moore Haven, City of
P. O. Box 399
99 Riverside Drive
Moore Haven, FL 33471 -0399
Board Member: Maxine Brantley City Clerk
Board Member E -Mail:
mbrantley @moorehaven.net
Alternate: Melissa Arnold
407 - 260 -3481
407 - 260 -3419
Seminole
145
Telephone # 863- 946 -0711
Fax # 863 -946 -2988
County of: Glades
Employee # 20
Deputy Clerk
Alternate E -Mail: marnold @moorehaven.net
036
10/1/95
009
5/1/88
041
10/1/97
007
10/1/87
033
10/1/94
014
10/1/88
New Port Richey, City of
5919 Main Street
New Port Richey, FL 34652 -2785
Telephone # 727 - 853 -1025
Fax # 727 - 853 -1023
County of: Pasco
Employee # 216
Board Member: Jeff Sutton Human Resources Director
Board Member E -Mail: suttonj @cityofnewportrichey.org
Alternate:
Alternate E -Mail:
North Port, City of
4970 City Hall Blvd.
Suite 252 HR -Risk
North Port, FL 34286 -4100
Telephone # 941 - 429 -7130
Fax # 941 -429 -7135
County of: Sarasota
Employee # 560
Board Member: Steve Gailbreath Risk Mgmt Coordinator
Board Member E -Mail: sailbreath @ci.north- port.fLus
Alternate: Sherry Borgsdorf General Services Director
Alternate E -Mail: sborgsdorf @ ci.north- port.fl.us
Okeechobee County BOCC Telephone # 863- 763 -9312
304 NW 2nd Street, Room 109 Fax # 863- 763 -0118
County of Okeechobee
Okeechobee, FL 34972 -4187 Employee # 241
Board Member: Robbie Chartier Dep Co Admin
Board Member E -Mail: rchartier @co.okeechobee.fl.us
Alternate: George Long County Administrator
Alternate E -Mail:
Okeechobee, City of
55 S. E. Third Avenue
glong @co.okeechobee.fl.us
Okeechobee, FL 34974 -2932
Telephone # 863- 763 -3372
Fax # 863- 763 -1686
County of: Okeechobee
Employee # 61
029
10/1/93
008
10/1/87
035
1/1/96
Board Member: Donna Reynolds Ins. Coordinator 047
Board Member E -Mail: dvreynolds @cityofokeechobee.com
Alternate: James Kirk Mayor 2/2/99
Alternate E -Mail: jimkirk@adelphia.net
Oviedo, City of
400 Alexandria Blvd.
Oviedo, FL 32765 -6764
Telephone # 407 - 971 -5521
Fax # 407 - 971 -5802
County of: Seminole
Employee # 249
Board Member: Connie Collins Human Resources Director
Board Member E -Mail: ccollins @cityofoviedo.net
Alternate: Dan Hood Risk/Benefit Coordinator
Alternate E -Mail: dhood @cityofoviedo.net
Pahokee, City of
171 N. Lake Avenue
Pahokee, FL 33476 -1861
Telephone # 561- 924 - 5534 X24
Fax # 561- 924 -7301
County of: Palm Beach
Employee # 94
Board Member: Derrek Moore Finance Director
Board Member E -Mail: dmoore @cityofpahokee.com
Alternate: Alberta Fields Human Resources Director
Alternate E -Mail: albertafields @cityofpahokee.com
045
10/1/98
039
10/1/96
Port Richey, City of
6333 Ridge Road
Port Richey, FL 34668
Board Member: Shirley Dresch
Board Member E -Mail: cityclerk @copr.net
Alternate: Pam Ziegler
Alternate E -Mail: pam @copr.net
Punta Gorda, City of Telephone #
326 W. Marion Avenue Fax #
County of:
Punta Gorda, FL 33950 -4492 Employee #
Board Member: Phil Wickstrom Risk Manager
Board Member E -Mail: pwickstrom @ci.punta- gorda.fl.us
Alternate: Dave Drury Finance Director
Alternate E -Mail: ddrury@ ci.punta- gorda.fl.us
Safety Harbor, City of
750 Main Street
Telephone #
Fax #
County of:
Employee #
City Clerk
Finance Director
Telephone #
Fax #
Safety Harbor, FL 34695 -3553
Board Member: Bill Cropsey Dir Personnel
Board Member E -Mail: wcropsey @cityofsafetyharbor.com
Alternate: Alan Zimmet City Attorney
Alternate E -Mail: azimmet @cityofsafetybarbor.com
Sarasota/Manatee Airport Authority
6000 Airport Circle
Sarasota, FL 34243 -2105
Board Member: Martin Lange
County of:
Employee #
Telephone #
Fax #
County of:
Employee #
727 - 816 -1900
727 -816 -1916
Pasco
60
941 -575 -3302
941 -575 -3310
Charlotte
265
727 - 724 -1555
727 - 724 -1566
Pinellas
166
941 - 359 -5200
941- 359 -5054
Sarasota/Manatee
120
Vice President/Chief Financial Officer
Board Member E -Mail: martin.lange@srq- airport.com
Alternate: John Schussler Director of Properties
Alternate E -Mail: john.schussler @srq- airport.com
Sebring, City of
368 South Commerce Avenue
Sebring, FL 33870 -6694
Telephone # 863- 471 -5100
Fax # 863 - 471 -5142
County of: Highlands
Employee # 171
Board Member: Jeff Carlson Council Member
Board Member E- Mail: (Diane Kauffman— dianekauffman @mysebring.com)
Alternate: Mike Eastman
Director Finance
Alternate E -Mail: mikeeastment@mysebring.com
South Florida Conservancy District
P 0 Box 896
2832 N. Main Street
Belle Glade, FL 33430 -0896
Telephone # 561- 996 -2940
Fax # 561- 996 -2960
County of Palm Beach
Employee # 14
Board Member: D. Ron Graydon General Manager
Board Member E -Mail: drgraydon @bellsouth.net
Alternate: Stephanie Sparkenbaugh Office Manager
Alternate E -Mail: steph @sflcd.com
027
10/1/93
08/8/88
019
10/1/91
038
10/1/96
012
10/1/88
030
11/1/93
South Pasadena, City of
7047 Sunset Drive South
South Pasadena, FL 33707 -2895
Telephone # 727- 347 -4171
Fax # 727 - 345 -0518
County of: Pinellas
Employee # 36
Board Member: James Graham Director Finance
Board Member E -Mail:
Alternate:
Aternate E -Mail:
St. Pete Beach, City of
155 Corey Avenue
finance@ci.south- pasadena.fl.us
St. Pete Beach, FL 33706
Board Member: Gary Behnke
Telephone #
Fax #
County of:
Employee #
727 - 367 -2735
727 - 363 -9249
Pinellas
143
Human Resources Administrator
Board Member E -Mail: personnel @stpetebeach.org
Alternate: Mike Bonfield City Manager
Alternate E -Mail: citymanager@stpetebeach.org
Sun n' Lake of Sebring Improvement Dist
5306 Sun 'n Lake Blvd.
Sebring, FL 33872
Board Member:
Board Member E -Mail: iartinez@snldistrict.org (Deana Martinez — contact)
Alternate:
Alternate E -Mail:
Tavares, City of
P. O. Box 1068
201 E. Main St.
Tavares, FL 32778 -1068
Board Member: Crissy Bublitz
Board Member E -Mail: cbublitz@tavares.org
Alternate: Lori Tucker
Alternate E -Mail: ltucker @tavares.org
Temple Terrace, City of
P. O. Box 16930
11250 N. 56th Street
Temple Terrace, FL 33687
Board Member: Woody Hubbard
Telephone # 863 - 382 -2196
Fax # 863 -382 -2988
County of: Highlands
Employee # 63
Telephone # 352 -742 -6211
Fax # 352- 742 -6351
County of Lake
Employee # 128
Human Resources Assistant
Human Resources Director
Telephone # 813 - 989 -7149
Fax # 813- 914 -7413
County of Hillsborough
Employee # 350
Director Personnel
Board Member E -Mail: whubbard @templeterrace.com
Alternate: Kim D. Leinbach City Manager
Alternate E -Mail: kleinbach@templeterrace.com
Wauchula, City of
P. O. Box 818
126 South 7th Avenue
Wauchula, FL 33873 -0818
Telephone # 863- 773 -3535
Fax # 863- 773 -6376
County of: Hardee
Employee # 81
Board Member: James Braddock Director of Finance
Board Member E -Mail: jbraddock@cityofwauchula.com
Alternate: Terri Svendsen Human Resources Specialist
Alternate E -Mail: trri@cityof wauchula.com
024
10/1/92
048
10/1/99
051
10/1/00
015
10/1/89
052
10/1/00
013
10/1/88
Winter Garden, City of
251 W. Plant Street
Telephone # 407 - 656 -4111
Fax # 407 - 656 -4952
Winter Garden, FL 34787 -3099
Board Member: Frank Gilbert HR Director
Board Member E -Mail: fgilbert@cwgdn.com
Alternate: Peggy Carpenter HR Specialist
Alternate E -Mail: pcarpenter @cwgdn.com
Zephyrhills, City of Telephone #
5335 Eighth Street Fax #
County of:
Zephyrhills, FL 33540-4312 Employee #
County of:
Employee #
Board Member: Sharry Boldt Dir Admin Srvs
Board Member E -Mail: sboldt @ci.zephyrhills.fl.us
Alternate: Rick Moore Dir Public Works
Alternate E -Mail: rmoore @ci.zephyrhills.fl.us
Orange
210
813 - 780 -0015
813- 780 -0005
Pasco
159
028
10/1/93
017
10/1/90
BOARD MEETING ATTENDANCE
Entity
Bd Mtg 3/9/07
Bd Mtg 12/8/06
Bd Mtg 9/15/06
Bd Mtg 6/22/06
Bd Mtg 3/10/06
Bd Mtg 12/9/06
Bd Mtg 8/12/05
NORTH QUADRANT:
Belleair, Town of
Susan Lee
Susan Lee
Susan Lee
Susan Lee
Susan Lee
Susan Lee
Susan Lee
Brooksville City of
Steve Baumgartner
Steve Baumgartner
Steve Baumgartner
Steve Baumgartner
NONE
Steve Baumgartner
Steve Baumgartner
Crystal River, City of
Linda Stilson
Linda Stilson
NONE
Linda Stilson
NONE
Linda Stilson
NONE
Denone, City of
Faith Miller
NONE
Faith Miller
NONE
NONE
NONE
Faith Miller
Eustis, City of
Mike Sheppard
Mike Sheppard
Mike Sheppard
Mike Sheppard
NONE
Mike Sheppard
Mike Sheppard
Fort Meade, City of
NONE
NONE
Delores Avery
Delores Avery
Delores Avery
Delores Avery
Delores Avery
Katrina Powell-non vote
Gulfport, City of
Jennifer Valdes
Elaine Trehy
Jennifer Valdes
Jennifer Valdes
Jennifer Valdes
NONE
Jennifer Valdes
Elaine Trehy
Jennifer Vales
Hamilton County BOCC
NONE
NONE
NONE
NONE
NONE
NONE
NONE
Holmes County BOCC
NONE
NONE
NONE
NONE
NONE
NONE
NONE
Indian Rocks Beach, City of
Martin Schless
Martin Schless
Martin Schless
NONE
NONE
Martin Schless
Martin Schlessnon
voting representative
Kenneth City, Town of
Nancy Beelman
Muriel Whitman
Nancy Beelman
Muriel Whitman
Nancy Beelman
Muriel Whitman
Nancy Beelman
Bill Smith
Nancy Beelman
Nancy Beelman
Nancy Beelman
Lady Lake, Town of
Marcel Blais
NONE
Marcel Blais
Bill Vance
Bill Vance
NONE
NONE
NONE
Lake Mary, City of
John Litton
Jacqueline Soya
John Litton
John Litton
John Litton
NONE
John Litton
John Litton
Lake Wales, City of
NONE
NONE
Sandra Davis
NONE
NONE
NONE
Sandra Davis
Levy County BOCC
Fred Moody
Fred Moody
Fred Moody
Jacqueline Martin
Fred Moody
Fred Moody
Fred Moody
Longwood, City of
Carol Rogers
Carol Rogers
Carol Rogers
Carol Rogers-non
voting representative
NONE
Dawn Jackson
Dawn Jackson
New Port Richey, City of
Jeff Sutton
Jeff Sutton
Jeff Sutton
Jeff Sutton
Jeff Sutton
Jeff Sutton
Jeff Sutton
Oviedo, City of
Connie Collins
Dan Hood
Connie Collins
Dan Hood
Connie Collins
Dan Hood
Connie Collins
Dan Hood
Dan Hood
Dan Hood
Port Richey, City of
Shirley Dresch
Pam Ziegler
NONE
NONE
NONE
NONE
NONE
Shirley Dresch
St. Pete Beach, City of
Gary Behnke
Gary Behnke
Gary Behnke
Gary Behnke
Gary Behnke
NONE
Kara Schrader -Smith
Safety Harbor, City of
NONE
NONE
NONE
NONE
NONE
NONE
Bill Cropsey
South Pasadena, City of
James Graham
NONE
James Graham
NONE
NONE
NONE
NONE
Tavares, City of
Crissy Bublitz
Lori Tucker
Crissy Bublitz
Lom Tucker
Crissy Bublitz
Crissy Bublitz
Crissy Bublitz
Loh Tucker
NONE
Lorri Tucker
Temple Terrace, City of
NONE
Woody Hubbard
Woody Hubbard
Woody Hubbard
NONE
Woody Hubbard
Woody Hubbard
Winter Garden, City of
Frank Gilbert
Frank Gilbert
Frank Gilbert
Peggy Carpenter-non
voting representative
Peggy Carpenter-non
voting representative'
NONE
NONE
Zephyrhills, City of
Sherry Boldt
Sherry Boldt
Sherry Boldt
Sharry Boldt
Sharry Boldt
Sharry Boldt
Sharry Boldt
SOUTH QUADRANT:
Avon Park, City of
Kathy Bennett
Kathy Bennett
Kathy Bennett
Kathy Bennett
Kathy Bennett
Kathy Bennett
Sarah Aden
Rene Green
Kathy Bennett
Belle Glade, City of
Vivian Hunter
Derrek Moore non voting
representative
Vivina Hunter
Kenneth Holley
Vivian Hunter
NONE
Vivian Hunter
Stacie Jo Rimes
Clewiston, City of
Ted Byrd
Ted Byrd
Ted Byrd
Ted Byrd
Ted Byrd
Ted Byrd
Ted Byrd
DeSoto County BOCC
Paul Erickson
Paul Erickson
Jerry Hill
Paul Erickson
Jerry Hill
Paul Erickson
Jerry Hill
Paul Erickson
Paul Erickson
Jerry Hill
Paul Erickson
Glades County BOCC
Mary Ann Dotson
Robert Giesler
Mary Ann Dotson
Robert Giesler
Mary Ann Dotson
Mary Ann Dotson
NONE
NONE
NONE
Hardee County BOCC
Jane Long
Jane Long
Jane Long
Jane Long
Jane Long
Jane Long
Jane Long
Hendry County BOCC
Mark Lapp non voting
representative
Lester Baird
Lester Baird
Lester Baird
Lester Baird
Janet Taylor
Lester Baird
Lester Baird
Highlands County BOCC
Ricky Helms
John Minor
Freddie Carino
Freddie Carion
Freddie Carina
Tom Bowman
Tom Bowman
Fred Carino
Sherri Bennett-non
voting representative
LaBelle, City of
Michael Boyle
Lisa Smith
Lisa Smith
Lisa Smith
Michael Boyle
Lisa Smith
NONE
Lisa Smith
Lisa Smith
Lake Placid, Town of
NONE
NONE
NONE
Arlene Tuck
Arlene Tuck
NONE
Phil Williams
Lee County Port Authority
Bob Zega
Pamela Conner
Bob Zega
Bob Zega
NONE
NONE
NONE
Longboat Key, Town of
Jane O'Connor
Bruce St. Denisnon vote
Jane O'Connor
NONE
NONE
Jane O'Connor
Jane O'Connor
Gerald Wlson
Moore Haven, City of
NONE
NONE
NONE
Melissa Arnold
NONE
NONE
NONE
North Port, City of
Steve Gailbreath
Steve Gailbreath
Steve Gailbreath
Steve Gailbreath
Steve Gailbreath
Steve Gailbreath
NONE
Okeechobee, City of
NONE
Donna Reynolds
Donna Reynolds
NONE
Donna Reynolds
Donna Reynolds
Donna Reynolds
Okeechobee County BOCC
Robbie Chartier
Robbie Chartier
Robbie Chartier
Robbie Chartier
Robbie Chartier
Robbie Chartier
Robbie Chartier
Pahokee, City of
NONE
NONE
Jeanie Perkins
James Lee non voting rer.
Jeanie Perkins
Alberta Fields
Jeanie Perkins
James Bradlock -non
voting representative
Jeanie Perkins
Punta Gorda, City of
NONE
Phil Wckstrom
Phil Wckstrom
Dave Drury
Phil Wckstrom
Dave Drury
Phil Wckstrom
Dave Drury
Sarasota/Manatee Airport Auth.
Martin Lange
Martin Lange
Martin Lange
John Schussler
NONE
Martin Lange
Martin Lange
Sebring, City of
Mike Eastman
Mike Eastman
Mike Eastman
Mike Eastman
Jeff Carlson
Mike Eastman
Diane Kauffman -non
voting representative
Jeff Carlson
Mike Eastman
South Florida Conservancy
Ron Graydon
NONE
Ron Graydon
NONE
Ron Graydon
NONE
NONE
Sun 'N Lake of Sebring
NONE
NONE
NONE
NONE
NONE
NONE
George Hensley-non vote
Wauchula, City of
James Braddock
Terri Svendsen
NONE
James Braddock
Terri Svendsen
James Braddock
Terri Svendsen
James Braddock
Terri Svendsen
Terri Svendsen
James Braddock
'LP recvd 9/14/06 - yraiter Garden City C mmission appointed Me Carpenter as Alternate on 5/25/06, however, PRM did not receive notification until 9/14106.
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
9. Executive Committee Report John Litton
A. Executive Director Evaluation and Recommended Salary
for FY 2007/08
The Executive Committee will review performance evaluations
received from Board Members and Executive Committee and
will make its recommendation to the full Board.
Board Action:
Approved
Denied
Deferred
Other
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
10. Safety Performance Awards Butch Darab
PRM will recognize members who have made significant achievements in
the following categories:
Best Overall Safety Performance
Most Improved Safety Performance
Accident Free for Vehicles
11. Legal Update Donovan Roper, Esquire
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17, 2007
REGULAR AGENDA SUMMARY
12. Board Member Items
A. Establish Board Meeting Dates for 2008
February 15, 2008
May 9, 2008
August 8, 2008
November 14, 2008
Locations to be determined.
Public Comment: State full name and address. Discussion must be limited to a maximum of
five (5) minutes per person.
Adjournment
BOARD MEETING DATES
zoos
JANUARY
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
FEBRUARY
S M T W T F S
1 2
3 4 5 6 7 9
10 11 12 13 14 16
17 18 19 20 21 23
24 25 26 27 28 29
MARCH
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21'22
23/3o 24/31 25 26 27 28 29
APRIL
5 M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20. 21 22 23 24 25 26
27 28 29 30
MAY
S M T W T F S
1 2 3
4 5 6 7 8® 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
JUNE
S M T W T F S
•1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
JULY
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
SEPTEMBER
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
OCTOBER
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
NOVEMBER
S M T W T F S
1
2 3 4 5 6 z 8
9 10 11 12 13 15
16 17 18 19 20 ���"''jjjj 22
23 /3o 24 25 26 27 28 29
AUGUST
S M T W T F S
3 4 5 6 7 • 9 2
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24/31 25 26 27 28 29 30
DECEMBER
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
Directions to:
From I -75:
From U.S. 41:
From S. R. 84
Alligator Alley
Hilton Marco Island Beach Resort
560 South Collier Boulevard
Marco Island, FL 34145
239 - 394 -5000
Take Exit 101 (Old Exit 15) turn Right onto S.R. 951
S.R. 951 takes you right to the Island. S.R 951 becomes
Collier Boulevard. The Hilton will be on your right
(approximately 3.5 miles)
South on 41 — turn Left onto S.R. 92.
The road dead -ends into Collier Boulevard
Turn Left at traffic light Hilton will be on your right
(approximately 1 mile)
Take Exit 101 (old exit 15)
Turn Left onto S. R. 951
S.R 951 becomes Collier Boulevard.
The Hilton will be on your right
(approximately 3.5 miles)
Page 1 of 2
Donna Reynolds
From:
To:
Sent:
Subject:
"Hilton Hotels Confirmed" < hiltonhotels @hiltonresconfirm.com>
< DVREYNOLDS @CITYOFOKEECHOBEE.COM>
Monday, March 12, 2007 9:05 AM
Hilton Hotels Reservation #3274554586
Reservation Confirmation for Donna Reynolds
Confirmation Number: 3274554586
Hilton Marco Island Beach Resort
560 South Collier Boulevard
Marco Island, FL United States 34145
Phone: 1-239-394-5000 Fax: 1-239-394-8410
Check -In date:
Check -Out date:
Check -In time:
Check -Out time:
16 May 2007
18 May 2007
4:00 PM
11:00 AM
Rate Information:
Rate Type:
ARTHUR J GALLAGHER
Rate per night: 139.00 USD
Total for Stay per Room:
Rate 278.00 USD
Taxes 27.80 USD
Total 305.80 USD
Total for Stay: 305.80 USD
Includes estimated taxes and service charges.
Tax & Service Charges
•There is a 10.00% Per Room Per Night tax.
Additional Charges
•Valet parking: 12.00 /night Self parking: 8.00 /night
Rules & Restrictions:
•Your reservation is guaranteed for late arrival.
•Should you need to cancel please contact us before
11:59 PM on 09 May 2007 local property time to avoid
cancellation penalties.
Room Information:
1 Rooms:
Room Type:
2 Adults
Non - Smoking Confirmed
2DBLS JR STE GRDN/TENNISVW
Your room type preferences have been submitted with your reservation, and are subject to hotel availability.
Map & Directions:
Click for Interactive Map
From Interstate 75 north or south, take exit 101, which is State Road 951. Follow 951 south for approximately
20 miles. Cross the bridge onto Marco Island. The hotel is on the right approximately 2 miles.
If you need to MODIFY or CANCEL your reservation, click here.
Any change to the arrival date, departure date or room type of this reservation is subject to the hotel's
availability at the time the change is requested and may result in a possible rate change.
If you have questions regarding your reservation, please contact Hilton Reservations and Customer Care at 1-
800- HILTONS (445 -8667) , visit us at www.hilton.com, or email us at confirmationhelp @hiltonres.com .
For more information, please click here tQ see all the rules and restrictions applicable to this reservation.
A listing of all Hilton Reservations and Customer Care phone numbers can be found at:
http://www.hilton.com/en/hi/feedback/hrwfone.jhtml
Thank you for choosing Hilton Hotels. We look forward to having you as our guest.
Notice of Confidentiality: This message and any attachments may contain confidential information. If it has
been sent to you in error, please reply to advise the sender of the error and then immediately delete this
3/12/2007
Page 1 of 1
Donna Reynolds
From: <Lora_Bruce @AJG.com>
To: <PRM_Conference_Invitee_List @ajg.com>
Cc: <Candace_Koester @ ajg.com>; <Patti_Dirmyer @AJG.com >; <Michele_Montgomery@ AJG.com>
Sent: Wednesday, March 07, 2007 4:53 PM
Attach: PRM 2007 Ed Conference Invitation.doc
Subject: PRM 15th Annual Educational Conference Invitation
Attached is the PRM 15th Annual Educational Conference Invitation for your review. This year's conference will carry on the
tradition of making education fun. By popular demand, we are bringing back Casino Night for the Opening Reception on
Wednesday night.
If there is someone that should have received a copy of the invitation, but did not, please pass it on to them. Please make sure to
get your registration forms and payment in by April 10th. If you should have any questions, please do not hesitate to call us.
We look forward to seeing you there!
Thank you,
Lora Bruce
Client Service Representative
Arthur J. Gallagher Risk Management Services
Arthur J. Gallagher & Co. (Florida)
7380 W. Sand Lake Road, Suite 390
Orlando, FL 32819
407.370.2320 - Office Line
407.563.3540 - Direct Line
800.542.0191 - Toll Free
407.370.3057 - Fax
Lora_Bruce@ajg.com
Please note that coverage can not be bound by sending an e-mail or leaving a voice mail. Coverage is bound when confirmation
is received from the carrier.
3/8/2007
Page 1 of 2
Donna Reynolds
From: <Lora_Bruce @AJG.com>
To: <PRM_Conference_Invitee_List @ajg.com>
Cc: <Michele_Montgomery@AJG.com>; <Candace_Koester @ ajg.com>; <Patti_Dirmyer @AJG.com>
Sent: Thursday, March 08, 2007 11:13 AM
Attach: PRM 2007 Ed Conference Invitation.doc
Subject: ROOM RATE CORRECTION - PRM 15th Annual Educational Conference Invitation
Please note the following correction:
The hotel room rate is NOT $116 per night. The correct rate is $139 (Single /Double). This correction has been made in the
attached invitation. We apologize for any inconvenience.
Thank you,
Lora Bruce
Client Service Representative
Arthur J. Gallagher Risk Management Services
Arthur J. Gallagher & Co. (Florida)
7380 W. Sand Lake Road, Suite 390
Orlando, FL 32819
407.370.2320 - Office Line
407.563.3540 - Direct Line
800.542.0191 - Toll Free
407.370.3057 - Fax
Lora_Bruce@ajg.com
'4 —57(° �
�r
Please note that coverage can not be bound by sending an e-mail or leaving a voice mail. Coverage is bound when confirmation
is received from the carrier.
Forwarded by Lora Bruce /BSD /AJG on 03/08/2007 11:09 AM
Lora Bruce /BSD /AJG To PRM Conference Invitee List
cc Candace Koester /BSD /AJG @AJG, Patti Dirmyer /BSD /AJG @AJG, Michele
Montgomery/BSD /AJG @AJG
Subject PRM 15th Annual Educational Conference Invitation
03/07/2007 04:53 PM
Attached is the PRM 15th Annual Educational Conference Invitation for your review. This year's conference will carry on the
tradition of making education fun. By popular demand, we are bringing back Casino Night for the Opening Reception on
Wednesday night.
If there is someone that should have received a copy of the invitation, but did not, please pass it on to them. Please make sure to
get your registration forms and payment in by April 10th. If you should have any questions, please do not hesitate to call us.
We look forward to seeing you there!
Thank you,
3/8/2007
t
PUBLIC RISK MANAGEMENT OF FLORIDA
3434 Hancock Bridge Pkwy, Suite 203
Fort Myers, FL 33903
Toll -Free 800 - 367 -1705
Main 239 - 656 -4666
Fax 239 - 656 -1066
May 3, 2007
TO: All PRM Board Members and Alternate Members
FROM: Judy Hearn
Assistant Executive Director, Secretary to the Board
. • .. • .. •
REFERENCE: Posting of Public Notice
Board of Directors Meeting
• • .. • • .. • • .. • .. • .. • .. • .. • • .. • .. • .. • • .. • .. • • .. • .. • • .. • .. • .. • • .. • • .. • .. • .. • .. • .. • • .. • .. • .. •• .. • .. • • .. • .. • • .. • .. • • .. • .. • .
....... ...............................
Please post the enclosed meeting notice in a display area for such notices in your
entity's offices.
We ask that you ensure these are placed in a prominently displayed area to allow the
public to attend should they wish to do so.
Your cooperation is greatly appreciated.
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Encl: Public Notice of Meeting
Board of Directors Meeting Agenda
Directions
NOTICE OF MEETING
OF
PUBLIC RISK MANAGEMENT OF FLORIDA
BOARD OF DIRECTORS MEETING
May 17 2007
Public Risk Management of Florida, an intergovernmental risk management association,
organized under Florida Statutes 163.01, hereby gives notice of its Board of Directors Meeting to
be held on Thursday, the 17th of May, 2007.
The meeting will be held at 2:00 pm, at the Hilton Marco Island Beach Resort located at
560 South Collier Boulevard, Marco Island, Florida.
Directions to the meeting site are attached, as well as a copy of the agenda for said meeting.
This is a public meeting and open for comments. If a person decides to appeal any decision
considered at this meeting, he or she may need a record of the proceedings, and that, for such
purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony in evidence upon which the appeal is based.
Public Notice