"The last set of documents concerned the insurance broker services. Stuart Freeman of Molton, Allen & Williams approached the city believing that he could save the city money by consolidating all the insurance policies under one broker (Freeman ), at the time the city had five firms – Carriers
The city bid out the business – six bids were received. There is nothing in the Request of Qualifications that appears to have given Molton, Allen & Williams an advantage (Broker RFQ ). Six companies appear to have met all the qualifications."
Well, lets break down the facts and the timeline linking each to documents:
- September 23, 2011- MAW inquires of Asmar "Drinks on Tuesday? Global?" Elisabeth Buswell of the City responds " Mr. Asmar can meet you at 5:30pm on Tuesday..." Here's a question. The email from MAW to Asmar goes only to his Asmar Law Firm account but the response comes from Buswell at the City. No forwarding is reflected.
- October 2011 - Dinner at Jacksons where MAW executives meet and greet with the Mayor and his staff to propose the idea of their company becoming the broker of record for the City.
- Throughout October City staff is made available to inform MAW about everything regarding the City's insurance.
- November 8, 2011 2:59pm - The email Outzen reflects as Freeman above was sent ONLY to John Asmar at his Asmar Law Firm email. Key terms:
- "Good to see you last month" So October 2011.
- "If appointed". Its a RFQ situation
- "Here is what we know, have recently learned" inside access?
- "You (Asmar) asked me to "make the case" for using our firm" His words!
- "I have a meeting with Dick Barker, Jim Odom, Sherrer Kuchera and Tracy Walsh on Thursday November 10th. I need your direction on how to proceed prior to this meeting." What direction? Why would Asmar direct to proceed as this must be bid?
- "MAW is the exclusive P&C broker for the following clients based in Pensacola:
- Baptist Health Care
- Lakeview Center
- Pensacola Christian College
- November 9, 2011 - Asmar meets with MAW at Happy Pig at 4:30pm
- January 18, 2012 12:37pm - Asmar sends MAWs "case for using MAW" to Hayward's private yahoo account for review prior to dinner
- January 18, 2012 - Private Dinner between MAW executives, Hayward, Asmar and Reynolds. Private home on the beach. Private chef. Rack of Lamb. Chauffeured car for the Mayor.
- February 8, 2012 - City staff post the RFQ to the City website. Barker immediately (within 5 minutes) notifies Asmar.
- February 9, 2012 - Bid 12-016 is issued for Property Insurance Broker of Record Services. Three months after the November 8, 2011 case for Molten Allen Williams was made to Asmar and a month following the rack of lamb dinner.
- The bid required:
- "References of at least two (2) Pensacola area clients with total insurable values in excess of $50,000,000"
- February 21, 2012 - McMahon & Hadder emailed the City asking:
"Based on the demographics of the Pensacola area, there are a limited number of entities whose insurance property values total $50,000,000+"
"My questions are as follows:
- Was item #8 in the RFQ meant to eliminate any Agent/Agency/Broker who is not already the Agent/Agency/Broker of at least two large property accounts?
- If the above is a pre-requite, does the fact that our agency submitted a very competitive proposal for the City of Pensacola's last RFP and possesses extensive experience in catastrophic claims situations overcome this obstacle?
- March 13, 2012 - Bids opened.
- Six responses:
- Arthur Gallagher Risk Management
- Fisher Brown Bottrell
- FL League of Cities
- McMahon & Hadder
- Public Risk Insurance Agency
- Arthur Gallagher Risk Management - Only Escambia County Schools
- Fisher Brown Bottrell - Only West Florida Medical Center Clinic
- FL League of Cities - ECUA and Area Housing Commission but No Original copy, No debarment and No Addendum; Non compliant
- McMahon & Hadder - None
- MAW - Baptist Health Care, Pensacola Christian College
- Public Risk Insurance Agency - Many but Santa Rosa County is closest.
- Asmar/Hayward gave MAW unequal access to review any data and discuss any matter with City staff they needed to advise how the RFQ should appear.
- Asmar/Hayward both had the proposal from MAW via "the case for MAW" before the RFQ was ever issued as it was used as the requirements in being a qualified bidder.
- The RFQ was written with "the case for MAW" as the outline such that ONLY one firm could be compliant with the requirements.
- What was communicated to Jim Odom regarding the MAW proposal by Asmar?
- Was there any "extra" entertainment provided at the dinner on the beach as I have heard?
- Was Stuart Freeman dating Mayor Hayward's sister Lauren at the time as I have heard?
- What if anything did the City "save" in using MAW or a new expense to the City?
- Why would Outzen not mention all of the above facts and say "There is nothing in the Request of Qualifications that appears to have given Molton, Allen & Williams an advantage (Broker RFQ ). Six companies appear to have met all the qualifications."