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State/Broker Relationships

State/Broker Relationships. Laura Peterson State Risk Manager Agency General Counsel State of Nebraska Dept. of Administrative Services. Overview. State of Nebraska 2003 RFP for Broker and Risk Consultant Services Flexibility State Process Compensation Issues State Bargaining Position

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State/Broker Relationships

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  1. State/Broker Relationships Laura Peterson State Risk Manager Agency General Counsel State of Nebraska Dept. of Administrative Services

  2. Overview • State of Nebraska 2003 RFP for Broker and Risk Consultant Services • Flexibility • State Process • Compensation Issues • State Bargaining Position • Effective Working Relationships Flexible Process Bargain Work Pay

  3. Nebraska’s 2003 RFP • Broker and Risk Consultation Services • Traditional broker activities plus • Actuarial • Safety • Claims Review/Audit • Engineering • Other • Flexibility to add services and address emerging needs

  4. State Process • Know Your State Service Contract Laws • Competitive Bidding • Lowest Responsible and Responsive Bidder • Standard/Required Terms & Conditions • Define Deliverables/Expectations Clearly • Have Legal/Procurement Review • Terms and Conditions • Bidding Procedure • Service Deliverables

  5. Nebraska Compensation Issues Neb. Rev. Stat. 73-201 to 73-204: “Fee-for-service contracts are the usual, customary, and accepted manner of contracting on behalf of the state.” “Contingent fee means any fee, whether commission, percentage, brokerage, finder’s fee, or contingent fee or otherwise denominated, which is a percentage or portion of the amount or value recovered, obtained, or involved.”

  6. NE Compensation Issues (continued) “Any contingent fee contract of any kind whatsoever reasonably anticipated to result in the payment of a contingent fee or fees in excess of twenty-five thousand dollars per annum executed by the state or by any person on behalf of the state after September 9, 1995, is void unless executed by the Governor upon thirty days notice to the public at large.”

  7. State Bargaining Position • States should bargain from a position of strength • States should determine ahead of time what is important and what is not – both to the State and the Broker • States should know what is and is not negotiable • Put everything in writing and sign it

  8. Working Together after Selection • Stay in frequent contact • Verbal and written action plans • Document and address failures • Document success • Have some fun!

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