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HomeMy WebLinkAboutPR 17861: RWL GROUP FOR RISK MANAGEMENT CONSULTING SERVICES CITY OF PORT ARTHUR SAFETY & RISK MANAGEMENT MEMORANDUM TO: Floyd T. Johnson, City Manager FROM: Lisa Cotten, Safety & Risk Management Coordinator DATE: August 15, 2013 SUBJECT: Resolution Approving the Renewal of RWL Group Risk Management Consulting Services Contract COMMENT RECOMMENDATION: I recommend approval of Proposed Resolution No. 17861 authorizing the renewal of the City's contract with RWL Group for Risk Management Consulting Services at the not -to- exceed cost of $18,000.00 for the 2013 -2014 Fiscal Year, with the option to extend the contract at the current rates with no changes by up to three years (Exhibits "A" and "B" attached). This represents essentially a rollover of the existing contract with RWL Group. Five years ago, the hourly rate increased from $175.00 per hour to $200.00 per hour, which represented the first hourly rate increase in approximately twenty five years. It should be noted that the City expended only $8,126.00 to date on services from RWL Group during the 2012 -2013 Fiscal Year. In the 2011 -2012 Fiscal Year, the City expended $21,147.00, which included a one -time $5,000.00 increase to the usual annual contract amount (from $18,000.00 to $23,000.00) primarily for the property and casualty all -lines RFP, as requested by City Council on services from RWL Group. BACKGROUND: The City of Port Arthur has a wide continuum of risk coverage needs including, but not limited to: wind, flood, clinic liability, property, general liability, workers compensation, and health. The ever changing landscape of liability coverage, coupled with the level of natural (e.g. hurricanes, etc.) and other exposures, requires the City receive "state of the art' consulting recommendations in this area (Historical Services Letter attached as Exhibit "C "). RWL Group's first risk management consulting services contract with the City dates back to 1983. Since that time Mr. Lazarus and his staff have consistently provided all departments of the City with superior quality risk management services. Some of the services provided by Mr. Lazarus and his staff include assisting with claims /lawsuits wherein coverage is in dispute, preparing bid specifications for the City's insurance lines, reviewing bids received and subsequently recommending the carrier to provide insurance coverage, assisting with difficult worker's compensation claims, responding to insurance questions from all City departments, etc. (Exhibit "C" attached). "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" Floyd T. Johnson, City Manager August 15, 2013 Page 2 of 2 Five years ago, RWL Group requested a raise in the hourly rate from $175.00 per hour to $200.00 per hour. This was the first increase in the hourly rate in approximately twenty five years. City staff reviewed and concurred with this reasonable request. BUDGETARY /FISCAL EFFECT: The proposed funding is as follows: General Liability Insurance Fund 612- 1702 - 581.52 -00 ..$18,000.00 There was $18,000.00 appropriated in the 2013 -2014 Fiscal Budget for Risk Management Services. STAFFING /EMPLOYEE EFFECT: No effect on staffing levels. SUMMARY: I recommend approval of Proposed Resolution No. 17861 authorizing the renewal of the City's contract with RWL Group for Risk Management Consulting Services at the not -to- exceed cost of $18,000.00 for the 2013 -2014 Fiscal Year, with the option to extend the contract at the current rates with no changes by up to three years (Exhibits "A" and "B" attached). This represents essentially a rollover of the existing contract with RWL Group. Five years ago, the hourly rate increased from $175.00 per hour to $200.00 per hour, which represented the first hourly rate increase in approximately twenty five years. It should be noted that the City expended only $8,126.00 to date on services from RWL Group during the 2012 -2013 Fiscal Year. In the 2011 -2012 Fiscal Year, the City expended $21,147.00, which included a one -time $5,000.00 increase to the usual annual contract amount (from $18,000.00 to $23,000.00) primarily for the property and casualty all -lines RFP, as requested by City Council on services from RWL Group. Attachments "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" P.R. No. 17861 8/15/13 LJC RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RWL GROUP FOR RISK MANAGEMENT CONSULTING SERVICES AT THE NOT TO EXCEED COST OF $18,000.00 FOR THE 2013 -2014 FISCAL YEAR. FUNDING BY: General Liability Insurance Fund 612- 1702 - 581.52 -00 $18,000.00 WHEREAS, pursuant to Resolution No. 12 -437, the City of Port Arthur entered into a one year agreement with the RWL Group for Risk Management Consulting Services; and WHEREAS, the City has a continuing need for said services and desires to exercise the option to extend said contract for an additional one year period. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager of the City of Port Arthur, Texas is hereby authorized to enter into a contract for risk management consulting services with RWL Group for the 2013 -2014 fiscal year, with the option to extend the contract at the current rates with no changes by up to three years, in accordance with the attached contract describing services made part hereof as Exhibit "A "; and, THAT said contract is an exact duplicate of a City Standard Form Contract except for the changes described in the Certificate of Standard Form Contract, a copy of which is attached hereto as Exhibit "B" and is hereby incorporated by reference, and said changes are hereby approved; and, THAT the City Manager is hereby authorized to expend funds from the General Liability Insurance Fund for said contract not to exceed the amount of Eighteen Thousand and no /100 Dollars ($18,000.00); and, P.R. No. 17861 8/15/13 LJC Page 2 of 2 THAT said agreement is contingent on the availability of funds in the 2013 -2014 fiscal year budget, to be approved by the City Council; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of , A.D., 2013, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary ■ APPRO D AS/0 FORM: iii, itz i A.11, Val Tizeno, City i tt• r ey 0 APPROVED FOR AVAILABILITY OF FUNDS: P69 Deborah Echols, Director of Finance APPROVED FOR ADMINISTRATION: Floyd T. Johnson, City Manager ,' „,___444) Dr. Albert T. Thigpen, Director of Human Resources THE STATE OF TEXAS Exhibit "A" COUNTY OF JEFFERSON CONTRACT FOR PROFESSIONAL RISK MANAGEMENT SERVICES THIS AGREEMENT, entered into as of this 1 s day of October , AD, 2013, by and between the City of Port Arthur, Port Arthur, Texas, (hereinafter called the "CITY" or "OWNER ") acting herein by its Mayor, duly authorized by Resolution of the City Council, the City of Port Arthur and RWL GROUP (hereinafter called the "CONSULTANT ") acting herein by Robert W. Lazarus its President (Name and Office or Position) hereunto duly authorized: WITNESSETH THAT: WHEREAS, the CITY desires to engage the CONSULTANT to (1) render certain technical and professional services hereafter described in "Scope of Services" or (2) perform certain work hereafter described in "Scope of Services ": NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of CONSULTANT The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the "Scope of Services" hereinafter set forth. 2. Scope of Services Consulting services shall be provided as follows: 1 A. BASIC SERVICES Monitoring: CONSULTANT will review all of the renewal property and casualty insurance coverage for compliance with CITY's specifications and will provide a written description of any discrepancies. II. Risk Management Administration: CONSULTANT will provide technical assistance to the CITY for the purpose of developing, implementing and monitoring an appropriate risk management administrative plan. Services to include: a. Communication of underwriting claims, loss control, financial, statistical, insurance, exposure, and other information to appropriate internal and external persons and organizations. b. Assist CITY in preparing administrative controls and monitoring of claims, loss control, insurance purchasing, subrogation, contractual risk transfer, purchases of self- insurance and related services from external providers, (i.e. claims, loss control, statistical, etc.) c. Assist CITY in formulating record keeping practices that impact upon such things as claims, losses, premiums, expenses, coverage, certificates of insurance, and loss control activities, etc. d. Assist CITY in developing forms and formats to be considered for information storage and management. 2 e. Assist CITY in developing and advising on important administrative functions pertaining to internal cost allocation, budgeting, self- insurance decisions, self - insurance funding and accounting, agent selection, insurance purchasing, utilization of external services provided by carriers and agents, as well as other related services purchased from external sources, plus effectiveness of using internal resources in conjunction with risk management programs needs, etc. f. Assist in developing organizational policies and procedures, plus staff and resource considerations relative to establishing a more effective and formal climate for managing the risk management function. This element will include specific recommendations with respect to the requisite management disciplines to be utilized by the CITY in conjunction with the administration of its risk programs. g. The CONSULTANT also agrees, at request of CITY, to making office visits and prepare reports pertaining to these visits to accomplish tasks identified in (a) through (f). III. Preparation of Insurance Specifications and Evaluations of Bid Proposals. CONSULTANT agrees to rebid any insurance coverage deemed necessary by CITY Management; provided, however, that the parties intend that 3 specifications be written only once for any line of insurance; in the event that it is necessary to rebid a particular line, the parties shall agree in writing to an additional fee, which shall not exceed $200 per hour, to the extent that the CONSULTANT's time exceeds the maximum allowance provided in the contract for preparation of bid specifications. In connection with the evaluation of bid proposals, CONSULTANT agrees to provide a recommendation for City Council consideration. IV. Compensation: Consultant's compensation for Basic Services shall be as set forth in Paragraph 5. B. ADDITIONAL SERVICES Description of Work: All work performed by CONSULTANT at request of OWNER which is either described in this paragraph or not included in the Basic Services defined above, shall constitute Additional Services. These shall include: a. Any work undertaken as an expert witness or in connection with litigation or other controversies, such as preparation of data and reports, waiting to testify, testifying in court or by deposition, and consulting with OWNER or attorneys. b. Preparation of any special reports not included in Basic Services, applications for permits or grants, and appearances before regulatory agencies. 4 c. Any revision of previously approved reports, data or specifications. d. All travel and subsistence to points other than CONSULTANT's or OWNER's offices at OWNER's request. e. Making copies of final reports and other documents provided under Basic Services in excess of five sets. f. Providing any other service not otherwise included in this Agreement or not customarily furnished in accordance with the generally accepted consulting practice. II. Compensation: Consultant's compensation for Additional Services shall be as set forth in Paragraph 5. 3. Time of Performance CONSULTANT will proceed immediately upon execution of this Contract with performance of the services called for under the Basic Services. CONSULTANT services shall be for a period of one (1) year, whereupon this Contract shall terminate one (1) year from execution thereof with an option to renew at current rate with no changes for up to three (3) additional one -year terms. 4. Information and Services to be Furnished CONSULTANT 5 It is agreed that the CITY will furnish, without charge, for the use of the CONSULTANT, information, data, reports, records, and maps as are existing, available, and necessary for the carrying out of the work of the CONSULTANT as outlined under "Scope of Services." The CITY and its agencies will cooperate with the CONSULTANT in every way possible to facilitate the performance of the work described in this Contract. 5. Compensation and Method of Payment CITY will pay CONSULTANT for work performed and services rendered as follows: A. BASIC SERVICES I. Monitoring: CONSULTANT shall be paid the sum of $2,000 for performance of said services as outlined in Paragraph 2A -I. II. For any visit to CITY in connection with items listed in Paragraphs 2A -I, 2A -II, or 2A -III, CONSULTANT will be paid flat rate of $1,850 per visit, at request of OWNER, in lieu of $200 per hour rate. Said flat rate includes travel and related expenses, and each visit contemplates 10 hours of consulting time. III. Reports and retainer work performed under Paragraph 2A -II will be paid at the rate of $200 per hour. IV. CONSULTANT shall bill CITY at the rate of $200 per hour for services rendered under Paragraph 2A -III; however, service fees in connection with specifications and bidding 6 shall not exceed $5,500.00, except in connection with authorized travel per Provision 5A -II. B. ADDITIONAL SERVICES I. CONSULTANT shall bill CITY at the rate of $200 per hour for services rendered under Paragraph B - Additional Services. IT IS AGREED THAT TOTAL FEES FOR SERVICES UNDER THIS CONTRACT, SHALL NOT EXCEED THE SUM OF EIGHTEEN THOUSAND AND 00/100 ($18,000.00) DOLLARS, nor shall the CONSULTANT be obligated to render services after his combined travel time, office time, and expenses amount to $18,000.00. Notwithstanding any other provisions in the within Contract, the CITY does not guarantee the CONSULTANT $18,000.00 unless he, in fact, accrues same in accordance with the terms of the within Contract. This amount contemplates the following: (a) under (2A -1) $2,000 for monitoring services, (b) under (2A- II) and (B) a maximum of 60 hours consulting time, and (c) under (2A -III) a maximum of $5,500 for all work in con- nection with bid specifications preparation and evaluation, exclusive of travel time and expenses. (However, this is not to be construed as guaranteeing CONSULTANT 60 hours consulting time.) Fee arrangements and consulting time may be changed if mutually agreed to in writing. C. PAYMENTS CONSULTANT will invoice OWNER every other month. OWNER agrees to promptly pay CONSULTANT at his office in Richardson, Texas, the full amount of each such invoice upon receipt. A charge of 1 % per month will be added to the unpaid balance of invoices within 30 days after date of invoice. 6. Records CONSULTANT shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. Such records shall be kept in the offices of the CONSULTANT for a period of not Tess than five (5) years and shall be made available to the CITY for inspection and copying upon reasonable request. 7. Ownership of Documents All documents, reports, and specifications are property of OWNER. CONSULTANT may retain reproducible copies of same. The CONSULTANT shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits [no insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount (or specific formula for determining a specific dollar amount) aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance.] 8 A. Standard Worker's Compensation Insurance (with Waiver of Subrogation in favor of the City of Port Arthur, its officers, agents, and employees.) B. Commercial General Liability occurrence type insurance ( "XCU" and products /completed operations coverage must be included, and the City of Port Arthur, its officers, agents and employees must be named as an additional Insured): I. Bodily injury $500,000 single limit per occurrence or $500,000 each person /$500,000 per occurrence. II. Property Damage $100,000 per occurrence. III. Minimum aggregate policy year limit $1,000,000. C. Commercial Automobile Liability Insurance (including owned, non - owned and hired vehicles coverage.) I. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. II. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. D. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location. E. CONSULTANT also agrees to maintain Professional Liability Insurance coverage of $100,000 minimum per occurrence/ policy year aggregate limit to cover claims against CONSULTANT for damages arising in the course of, or as a result of, work 9 performed under this Contract. Coverage shall continue for a minimum of two (2) years after the CONSULTANT's assignment under this Contract is completed. Additional Professional Liability required is not required 8. CONSULTANT shall cause CONSULTANT's insurance company or insurance agent to fill in all information required (including names of insurance agencies, CONSULTANT and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and made a part of this Contract, and pertaining to the above listed Items A, B, C, D, and E; and before commencing any of the work and within the time otherwise specified, CONSULTANT shall file said completed Form with the Owner. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. CONSULTANT shall also file with the Owner valid CERTIFICATE OF INSURANCE on like form covering all Subcontractors. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with Owner not more than ten (10) days after execution of this Contract. Deductible on policy for Professional Liability shall not exceed $5,000 unless specifically approved by the Owner. 10 9. Professional Liability CONSULTANT shall be responsible for the use and employment of reasonable skill and care befitting the profession in the specifications and date provided by CONSULTANT for the project covered by this Contract. Approval by CITY shall not constitute nor be deemed a release or waiver of the responsibility and liability of CONSULTANT for the accuracy and competency of such specifications and data. 10. Indemnification CONSULTANT shall comply with the requirements of all applicable laws, rules and regulations in connection with the services of CONSULTANT and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, Toss or damage arising out of noncompliance with such laws, rules and regulations, without limitation. CONSULTANT shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security, Workers' Compensation, and Income Tax Laws with respect to CONSULTANT's employees. Further, CONSULTANT shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees in connection with any of the work performed or to be performed under this Contract by CONSULTANT or as a result of CONSULTANT's failure to use and employ reasonable skill and care befitting the profession in accordance with Paragraph 9 hereof. Further, CONSULTANT shall exonerate, indemnify and hold harmless the CITY, its officers, agents, and all employees from any and all liability, loss, damages, expenses or claims for infringement of any 11 copyright or patent arising out of the use of any plans, designs, drawings, or specifications furnished by CONSULTANT in the performance of this Contract. 11. Address of Notices and Communications OWNER: City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 CONSULTANT: RWL Group 300 N. Coit Road Suite 810 Richardson, Texas 75080 All notices and communications under this Contract shall be mailed or delivered to OWNER and CONSULTANT at the above addresses. 12. Captions Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any paragraph or in any way determine its interpretation or application. 13. Successors and Assignments The OWNER and the CONSULTANT each binds himself and his successors, executors, administrators, and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his 12 interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 14. Termination of Contract for Cause If, through any cause, the CONSULTANT shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONSULTANT shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data and reports prepared by the CONSULTANT under this Contract shall, at the option of the CITY, become its property and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the CONSULTANT and the City may withhold any payments to the CONSULTANT for the purpose of set -off until such time as the exact amount of damages due the CITY from the CONSULTANT is determined. 15. Termination for Convenience of the City The CITY may terminate this Contract at any time by giving at least thirty (30) days notice in writing to the CONSULTANT. If the Contract is 13 terminated by the CITY as provided herein, the CONSULTANT will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the CONSULTANT, Paragraph 14 hereof relative to termination shall apply. 16. Changes The CITY may, from time to time, request changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Contract. 17. Personnel A. The CONSULTANT represents that he has, or will secure at his own expense, all personnel required, in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. B. All of the services required hereunder shall be performed by the CONSULTANT or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 14 18. Reports and Information The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 19. Civil Rights Under 106.001 et.seq. Civil Practice & Remedies Code of the Revised Civil Statutes of Texas, no person shall, on the grounds of race, religion, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of the CITY. The CONSULTANT will carry out its work under this Contract in a manner which will permit full compliance by the CITY with the Statute. 20. Interest of CONSULTANT and Employees The CONSULTANT covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interests which would conflict in any manner or degree with the performance of his services hereunder. The CONSULTANT further covenants that in the performance of this Contract, no person having such interest shall be employed. 21. Incorporation of Provisions Required by Law 15 Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. CITY OF PORT ARTHUR SIGNED AND AGREED TO ON THE DAY OF , 2013. City Manager CONSULTANT SIGNED AND AGREED TO ON THE DAY OF , 2013. RWL Group 16 ` EXHIBIT "B" c (City of Putt At1hurl (Low 13 gp u tmen() . .. (R equired Fo - 7/4103L (10/511: • • (z3 /15/0C) . ( " 91) . • (i) t Pov(sad 2!mfso) . , CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW . DS?A.PT/V!ENT RE/fa - WAND CITY CO1J / /CiL AGENDA . r _ ( cart(' 'that.11 contrict (hereinafter call^_ , 'scid ec.:L•ac1 ) a ;.rixsd to the attached proposod City Council Re:o t<`cr. No. (a an exact duplicate. of at c•rtioabie _standard Cam crnls aci (t173 title of which is storm belay) pr.n:.us :y approved by the Law de�artzlent a'd adopted as a standard form by City Council Re:ciutien, except for tit blanks that have been fitted in wiU': ciE race,s,ar-y inforanaUcn and except fort-he changes described: below. The lido of Else appticeble star card form contras : . (1 Fcdera(fl Funded Co /5truc;ion Contract, Revised 1%5/30, 7/39, 3;09; 4/20;9i • ( 1 Non - Federally Funded Constructiori Contract, Revised 115 /83, 7/3 8/39; 4/20/94 • f J Fedarol - professional Secviees Encuneering Contract, Revised 115/03, 5 /09 ( §i0) 7/00/(50); 13/05; 2191 (5 (1 Non-Federal - Pco(essionat Services - Engineering Cent:act, Revised 1j5130 5[84(510), 7/89(50), 10(30; 2'91(30) - 11 CCSG = Professional Services - Engineering Contract, Revised 1/5/30, 5/39 (10), 7/39(50),10p.19; 2191 (35) .. (J Federal - Profeniana! Services - *`" . ` Hon- Enatnearing (Consultant) Contract, Revised 1 /5 /90, 5189 (510), 7/09 (50); 13/ 5; 2`91 (30) (1 Non - Federal - Professional Services - Non-Engineering (Car,suftent) Contract, Revised 1/5/33, 5/03 (310), 7/39 (50); 10/33; 2/51 (50) ' (1 CDSG "- Professional services - - : . Non - Engineering (Consultant) Contract, Revised 1 /5 /2 5/09 (310), 7/80 (521), 10139; 2191 (50 .Outer Standard Farm Contract, described as follows: - RISK 1-:k 1AC';rler3T C0 sup_ ~at G s�isvzcss • The ciisngos are as fellows: (Put an 'X' in the appropriate ( )1 (rC Nonc. ' i (1 The foElowing described provi.torlo at tba indicated page, section, etc. cl the standard farm have beer deleted 1. from said contract: D.LETf Oi'/S Page Number Sectio : or Paragraph No. Subsection or , 4`therie and Caption Subparagraph No. ' Ceicted Provision Which and Caption is Contains Provision Which' Provision Desc;ipticn of . Found Cr Stcnr_'ard Form Deleted From For: Deleted From Ferro Provision 0. ^_feted • s . P,ina 1 of P. I (p.2. Ft e',i::d fl; I ts4o) . (Ceraftcato e Sian F01771 Ccrittrac4, p c 2) j j , ha roffay.irg doscribcd pr ions at the lndscated paLL4 ssc` - , at:. of the standard form have boat altered rn d, icd, fepkccf or other rri c c4a..cr1!: • ALTS, 610.CiFfC. IONS, Rz LAC ,irr f TS, ETC. • P.:, g 4 ca��Gan zuts § E, c_;:ticr, ew. O § cr SJv l f`:. of cr 7 h,. .,. yp?rc . & Caption CT or ct:cn • Nrz9 r cont. :in: of r ;,. > �.�; , ct et a:terad, etc. ro.ision round Stcrdard Form Standard =or;:, ?::vin..,. . ;,_ pro ;'sett; a on hict w Standard Form r Cc r Rt t e c1 C or1a r pro`n n C �.v,n P z ?cn r!.rda•d ccr 7 ilertan. o x. • 4 . • • Y • () the IK l :twii c provision: have been added to Said Contract: Pa ,a, Section a t; c' Capffac .C.ui:uw°.:ion and Cp'.`io^, efc. ci Said Cor, ill - c: 'r'r , .Gontoins Grte Addeeur Provision arid Desc,.otior Thereof • i - furt;tei cer'.ity 0 said a!tec` et pr...csed City Countsif }:eoctotto t cent -zinc trte fottowing r;r•C- risicrr.: 'That. safer contract is an exact duplicate to: a City Standard Forts Contract except for tho changes do:crib ad in the . - " Certificate of Standard FCir41 Contract, a copy of which is attached hark :o is Exhibit '5' and is hereby snco;perated by reference, and said mange:. are `floret); approved.' i, . l uradar-,tar.d that thin certificate. will be retied on by the ;IVN Departr ot;t in rcvi.wri And Approving (or teieclin,) oz to totrn and by to City Cctinc in se• icwiinu cnd adopting for j : i cd) said Posofutier art:: re e 2 n Contract. • Signed thu• day, of - _ r . Oepzrt,enf Head or , • • I Ycge 2 of 2 ,, EXHIBIT "C" (I. ' �< �' 'y.• Independent Risk Management, Insurance, and Employee Benefits Consultants 300 N. Colt Road, Suite 810, Richardson, Texas 75080 -5456 Phone: 972 - 907 -9095 Fax: 972 -907 -9198 E -mail: rwlgroup @rwlgroup.com Internet: www.rwlgroup.com August 21, 2013 Ms. Lisa Cotten Safety /RM Coordinator City of Port Arthur PO Box 1089 Port Arthur, TX 77641 -1089 Re: Insurance Consulting Services Dear Lisa: RWL Group has had the privilege of providing independent and unbiased insurance consulting services to the City of Port Arthur since 1983 with regard to a variety of servicing requirements and needs. Our consulting services have included, but not been limited to: preparation of specifications for competitive bidding or request for proposal processes; assistance with various claims issues, including hurricanes; review and maintenance of insurance policies to make certain coverages are in compliance with renewal proposals; negotiation of renewal proposals with agents; assistance with manuscript wording in certain coverages (property) to insure continuity of coverages for catastrophe exposures (hurricanes). We have also assisted the City with various risk management administrative matters, including safety and loss control, cost allocations, coverage disputes, etc. During the years, we have been instrumental in assisting the City to achieve comprehensive coverage at an affordable price. Since RWL Group is licensed as consultants, and not agents, we do not have any potential conflict of interest regarding the placement of coverages, or added incentives to increase premiums in order to achieve higher commission levels. Our fees have always been competitive, and our services of material benefit to the City throughout the years. In a number of cases, RWL Group has successfully assisted the City with negotiating various property claims, and has resolved property and liability coverage issues in favor of the City. Many of our efforts have resulted in substantial monetary returns to the City. The current property and casualty programs in place for the City are extremely competitive and provide comprehensive insurance protection. The Texas Municipal League program provides excellent protection at competitive rates and with the further benefit in knowing that substantial member contributions are returned to the City each year. The net cost of the insurance with TML is second -to -none. It is once again important to keep in mind that RWL Group's income has no relationship whatsoever to the amount of insurance purchased or the amount of premiums paid by the City. Ms. Lisa Cotten Page Two August 21, 2013 In terms of the property insurance, RWL Group has competitively bid these coverages from year to year, including again during the 2012 -2013 contract year and has provided any agent wishing to participate with a fair opportunity to write the business via a number of insurance companies. Throughout the years, the RFP process has been publicly advertised; and local agents, as well as agents outside the community, have all been given opportunities to submit competitive proposals and write various insurances for the City. Historically, none of the local agents have been successful in writing the City's insurance. Not coincidentally, often small local agents lack the resources, expertise and leverage to compete in the public entity market. RWL Group appreciates and values its relationship with the City of Port Arthur, and we look forward to continuing to be of service in the coming years. Sincerely, d —a J L°Zi-^- Carolyn A. Miller, CPCU Risk Management Services RWL Group