09/17/2008 Agreement
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE:
December 15, 2008
TO:
}k{aria ~lavik
Employee ~ervices/Risk Management
Pamela G, Hanco~.
FROM:
At the September 17,2008, Board of County Commissioner's meeting, the Board granted
approval to accept proposal from lnterisk Corporation and authorized execution of a Contract to
provide Risk Management, Employee Benefits and Workers Compensation consulting services,
Enclosed is a copy of the above-mentioned for your handling, Should you have any
questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
MONROE COUNTY
CONTRACT FOR
Risk Management and Employee Benefits Consulting Services
THIS AGREEMENT is made and entered into this 17th day of September. 200~ by
MONROE COUNTY ("COUNTY"). a political subdivision of the State of Florida. whose address
is 1100 Simonton Street. Key West. Florida 33040 and Interisk Corporation. ("CONTRACTOR").
whose address is 1111 N. Westshore Blvd.. Suite 208, Tampa, FL 33607.
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do. perlorm and carry out in a professional and proper manner certain
duties as described in the Scope of Services - Exhibit A - which is attached hereto and made a
part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY. CONTRACTOR
warrants that it is authorized by law to engage in the perlormance of the activities herein
described. subject to the terms and conditions set forth in these Agreement documents. The
CONTRACTOR shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided. Contractor shall provide
services using the following standards, as a minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractuai relationship
with the County. To the extent that Contractor uses subcontractors or
independent contractors, this Agreement specifically requires that
subcontractors and independent contractors shall not be an employee of or
have any contractual relationship with County.
C. All personnel engaged in perlorming services under this Agreement shall be fully
qualified. and. if required. to be authorized or permitted under State and local law
to perlorm such services.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all best available information as to the COUNTY'S requirements for Risk
Management and Employee Benefits Consulting Services.
2.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all
matters concerning Risk Management and Employee Benefits Consulting Services.
2.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 3. TERM OF AGREEMENT
3.1 The initial Agreement term will be for one (1) year beginning the 1 st day of October.
2008 and renewable at the County's option for two (2) additional consecutive one year
terms.
3.2 The terms of this Agreement shall be from the effective date hereof and continue for a
period of one year. This Agreement shall be automatically renewed for successive one-
year periods until either party gives the other notice of cancellation in accordance with
the terms set forth below. If either party desires to modify or terminate this Agreement, it
shall notify the other in writing at least thirty (30) days prior to the effective date of such
modification or termination. In the case of proposed modification the party receiving the
notification of the proposed modification shall itself notify the other party within ten (10)
days after receipt of notice of its agreement to the proposed modification. Failure to do
so shall terminate this Agreement.
Section 4. COMPENSATION
Compensation to Interisk under this Agreement will be ONE HUNDRED THIRTY FIVE
DOLLARS ($135.00) an hour for the first year. If COUNTY exercises its option to renew, the
compensation for additional years shall be ONE HUNDRED FORTY FIVE DOLLARS ($145.00)
an hour for second year and ONE HUNDRED FIFTY DOLLARS ($150.00) for the third year.
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Florida Local Government Prompt Payment Act.
Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe
County (Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONTRACTOR must submit invoices to the
appropriate offices marked Risk Management, Workers' Compensation or Group
Insurance. The respective office supervisor and the Director of Employee Services, who
will review the request, note his/her approval on the request and forward it to the Clerk
for payment.
5.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe
County.
Section 6. CONTRACT TERMINATION
Either party may terminate this Agreement because of the failure of the other party to perform its
obligations under the Agreement. COUNTY may terminate this Agreement with or without
cause upon sixty (60) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR
for work performed through the date of termination.
Section 7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response,
and this Agreement and has made a determination that he/she has the personnel,
equipment, and other requirements suitable to perform this work and assumes full
responsibility therefore. The provisions of the Agreement shall control any inconsistent
provisions contained in the specifications. All specifications have been read and
carefully considered by CONTRACTOR, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations
shall this Agreement be more strongly construed against COUNTY than against
CONTRACTOR.
B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by
COUNTY, and its decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by COUNTY of any of the services furnished
by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with
the terms of this Agreement, and specifications covering the services.
D. CONTRACTOR agrees that County Administrator or his designated representatives may
visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of
services during CONTRACTOR'S normal business hours.
E. CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and that it will at all
times conduct its business activities in a reputable manner. Proof of such licenses and
approvals shall be submitted to COUNTY upon request.
Section 8. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
To the COUNTY:
Risk Management Administrator
1100 Simonton Street, Suite 2-268
Key West, Florida 33040
To the CONTRACTOR:
Interisk Corporation
1111 North Westshore Blvd., Suite 208
Tampa, FL 33607-4711
Section 9. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the agreement and for five years following the
termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that
monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies
were paid to CONTRACTOR.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this agreement without liability and may also, in its discretion, deduct from
the agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a Agreement with a public entity for the construction
or repair of a public building or public work, may not perform work as a CONTRACTOR,
supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
Section 13. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court
costs, as an award against the non-prevailing party. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the Circuit Court of Monroe
County.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, then any
party shall have the right to seek such relief or remedy as may be provided by this Agreement or
by Florida law. This Agreement shall not be subject to arbitration.
Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
Section 19. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act
of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in
this Agreement.
Section 21. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section 22. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
Section 24. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any Agreement entered into by the COUNTY be required to contain any provision for
waiver.
Section 25. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions
and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to
the extent permitted by the Florida constitution, state statute, and case law.
Section 27. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
Section 28. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non-Collusion
Agreement.
Section 29. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
32.1 General Insurance Requirements for Other Contractors and Subcontractors.
As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own
expense, insurance as specified in any attached schedules, which are made part of this
contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to
all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may
require all Subcontractors to obtain insurance consistent with the attached schedules; however
CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit
proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for
termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract until
satisfactory evidence of the required insurance has been furnished to the COUNTY as specified
below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR
to provide satisfactory evidence of the required insurance, shall not extend deadlines speCified
in this contract and any penalties and failure to perform assessments shall be imposed as if the
work commenced on the specified date and time, except for the CONTRACTOR's failure to
provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced and/or termination of this Agreement and for damages to the
COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to
maintain the required insurance shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work had not been
suspended, except for the CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or imposed
bylaw.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
32.2 Insurance Requirements For Contract Between County And Contractor
(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
. Premises Operations
· Bodily Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
32.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all pOlicies issued to satisfy the above requirements.
32.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
32.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advise or services
of a professional nature, the Contractor shall purchase and maintain, throughout the life of the
contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$250,000 per occurrence/$500,000 Aggregate
Section 33. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising
out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay
caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its
performance of this contract. The amount and type of insurance coverage requirements set
forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this
paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to
acts attributable to the sole negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his/her employees,
contractors, servants or agents to be employees of the Board of County Commissioners for
Monroe County. As an independent contractor the CONTRACTOR shall provide independent,
professional judgment and comply with all federal, state, and local statutes, ordinances, rules
and regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the
CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi-public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the COUNTY by an extension of time for a reasonable period for
the CONTRACTOR to complete the work schedule. Such an agreement shall be made
between the parties.
BOARD OF COUNTY COMMISSIONERS
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by
Mayor/Chairman
(CORPORATE SEAL)
ATTEST:
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ASSISTANT COUNTY ATTORNEY
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EXHIBIT A
SCOPE OF SERVICES
SPECIFICATIONS
The Proposer shall provide consulting services on an as needed basis in the areas of Group
Insurance, Workers' Compensation and Risk Management. The initial contract term will be for
one (1) year and renewable at the County's option for two (2) additional consecutive one
year terms.
The key personnel identified by the successful consultant are considered to be essential to
the work performed. No personnel substitutions shall be made without the consent of
Monroe County.
The scope of services to be provided on an as needed basis by the Consultant may include,
but not be limited to, the following.
· Review Risk Management and Employee Benefits (Group Insurance and Workers'
Compensation) procedures.
· Review pricing of insurance and other outside services.
· Prepare insurance specifications for property, casualty, and employee benefits and
Workers' Compensation insurance coverages.
· Review coverages under present insurance contracts and make recommendation for
coverage improvements.
· Communicate with agents and brokers during the bidding process.
. Analyze insurance proposals.
· Review present method of funding insured and non-insured risks.
· Analyze and evaluate Monroe County's performance with respect to its self-insured
programs.
. Assist in the development of insurance and other sections of vendor contracts to ensure
the interests of Monroe County are adequately protected.
· Analyze and evaluate Monroe County's Risk Management and Employee Benefit
programs and make recommendations based on their performance and current industry
practices.
. Serve as liaison between insurance carrier(s) and the County regarding claims,
contracts, etc.
· Assists in preparing RFP's and/or RFQ's.
. Perform other Risk Management and Employee Benefits matters as directed by the
County.
. The Contractor shall record and maintain statistical data concerning the services, and
such additional information as may be required by the County. The Contractor shall
retain all records pertaining to this contract for a period of five (5) years after the
termination of this contract.
· The County, the Clerk, the State Auditor General, and agents thereof shall have access
to Contractor's books, records, and documents required by this contract for the purposes
of inspection or audit during normal business hours, at the Contractor's place(s) of
business.
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
- .
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CJ~~I.;ITilJJ
(Company)
"
",..warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee."
Jfl.. ~ >S
(Signature)
Date: f: I f - 0 fr
STATE OF:
COUNTY OF:
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Subscribed and sworn to (or affirmed) before me on
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(name of affiant). He/She is
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personally known to me or has produced
(type of identification) as identification.
....,~"...,'. SHAYNE GAYlE ERICKSON
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My Commission Expires:
NON-COLLUSION AFFIDAVIT
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my oath, and under penalty of perjury, depose and say' that
STATE OF:
according to law on
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Proposal for the project described in th
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proposal with ull authority to do s ;
The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
Unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
No attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition; and
The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the of the statements contained in
this affidavit in awarding contracts for said r' c
of the firm of
the bidder making the
Re\l.uest for Proposals for
f'l-f" and that I executed the said
, Serf.cec
2.
3.
4.
5.
L-~
"
(Signature)
V'~/(l_cf'
Date: 0 . I
&/..-I VA
COUNTY OF: ;q 14 L.L-I" S'
Subscribed and sworn to (or affirmed) before me on
~- /9- .;loo~
(date) by L~Vo/Tor/ ,LA.J
----
--it)
(name of affiant). He/She is
u..>1I/
personally known to me or has produced
I ,P-'"t:< SHAYNEClAYlEERICKSON
i.! :J MY COMMISSION * DO 517143
...~.A.w EXPIRES:Ju~24,2010
L "'~:'~f;.t'~"<f,." Bonded Thnl Notal)' Public UndelWrIlefs
(type of identification) as identification.
My Commission Expires:
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies
that: Ii I
XN r ~/' s.1l UJIl"fb/J.lI7io,J
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I cen:fY a this firm complies fully with the
above requirements. / _
/~ I::J
(Signature) ,
Date: f- If ~ ~ f'
STATE OF:
COUNTY OF:
;:;:;, ,<...-~ iJ to
,
~ ~6""L.""S
Subscribed and sworn to (or affirmed) before me on ;:;:-/9 ~e r (date) by
LA .....7?>t>/ ,-C.rl A/ --rTr (name of affiant). He/She is personally known
to me or has produced
K frO...v J
.............. SHAYNE GAYlE ERICKSON
. ~,MY COMMISSION' DO Sn143
. . EXPIRES: July 24. 2010
Bond&dThruNotlryPlCIaUndIrwrtlwrs
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity. may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity. may not be awarded or perform work as a contractor. supplier, subcontractor, or
CONTRACTOR under a contract with any public entity. and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes. for
CATEGORY TlNO for a period of 36 months fro the date of being placed on the convicted
vendor list."
I. . IN71-j,;" &I-fb~rit,,/
I have read the above and state that neither LJAWIM S~J:il"" 0( (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
~k0
(Signature) {
Date: f..../'1- ~ r
STATE OF:
ht:>)? I]) 4
p "" ~ --<-;0 .J
,
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on Ei- Ie; - t7?"'
(date) by j JO "./rolV ( CM.IV il:! (name of affiant). He/She is personally known to me
or has produced .k N OV/I) (type of
identification) as identification.
....""~. SHAYNe GAYlE ERICKSON
tr,,"~)' MY COMMISSIOIH DO 577143
~.~ EXPIRES: Ju~ 24,2010
'~.Rf..~..' BondedThruNolarypublicunderwrtters
My Commission Expires:
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any
tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
EMPLOYEE ASSISTANCE PROGRAM
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statues.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
EMPLOYEE ASSISTANCE PROGRAM
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300.000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100.000
$ 300.000
$_ 50.000
per Person
per Occurrence
Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
EMPLOYEE ASSISTANCE PROGRAM
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$ 100.000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
. $ 50.000 per Person
$ 100.000 per Occurrence
$ 25.000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate
from the standard insurance requirements specified within this manual. Recognizing this
potential and acting on the advice of the County Attorney, the Board of County Commissioners
has granted authorization to Risk Management to waive and modify various insurance
provisions.
Specifically excluded from this authorization is the right to waive:
· The County as being named as an Additional Insured - If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name
the County as an Additional Insured, Risk Management has been granted the authority
to waive this provision.
And
. The Indemnification and Hold Harmless provisions
Waivina of insurance orovisions could exoose the Countv to economic loss. For this reason,
every attempt should be made to obtain the standard insurance requirements. If a waiver or a
modification is desired, a Request for Waiver of Insurance Requirement form should be
completed and submitted for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the
County Attorney who will submit the Waiver with the other contract documents for execution by
the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal with the
County Administrator or the Board of County Commissioners, who retains the final decision-
making authority.
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements. be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
BIDDER
SIGNATURE
INSURANCE
PROPOSALS
REQUIREMENTS
FOR
SUBMITTING
Worker's Compensation $ 100.000 Bodily Injury by Ace.
$ 500.000 Bodily Inj. by Disease, policy
Imts
$ 100.000 Bodily Inj. by Disease, each
emp.
General Liability, including $ 300.000 Combined Single Limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability
(Owned, non-owned and hired vehicles)
$ 50.000
$100.000
$ 25.000
$100.000
per Person
per Occurrence
Property Damage
Combined Single
Limit
The Monroe County Board of County Commissioners shall be named as
Additional insured on all policies issued to satisfy the above requirements.
EiCORD CERTIFICATE OF LIABILITY INSURANCE ores pp NM IDIWyY) PRODUCER - V1 OATS(
CE&O C S I UED A A MA 06 30 oe
A
Protection Advantage Inc- ON Is
CONFERS NO RIGHTS UPON THE CER7IFlCATAE
22 century Hill Dr. Ste. 103 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OI
Latham NY 12110 -2137 ALTER THE COVERAGE AFFORDED BY THE POLICIES SELO
Phone:518-782-3000
INSURED t,=UR!RS AFFORDING COVERAGE NAIC #
Interlsk Corrpp/� A 1111NorWistl. hp,LQ $l�• Ory Tampa rL 33607-4711
ANY REQUIREMENT, TERM OR CONDITION OFANY
MAY
POLICIES POLICIES.
LTR
PERTAIN,
NSR
GENERALLIAMUR
THE INSURANCE AFFORDED
AGGREGATE LIMITS SHOWN MAY
TYPED MSURANCE
BY THE POLICIES IDESCRIBEp C)IR OTHER DOCUMENT
HAVE BEEN REDUCED BY PAID C�M9IS
POUCYNUMSER
WITH RESPECT
SUBJECT TO
DAM
TO WHICH
ALL THE TERMS,
DATE
THIS CERTIINDICATED FICATE MAY BE ISSUED OR
EXCLUSIONS AND CONDITIONS OF SUCH
LIMTS
COMMERCIAL GENERAL LIABILITY
E'AOH OCCURRENCE S
CLAIMS MADE OCCUR
PREMISES omxanca) S
MED EXP CAN oM FM>7r1) S
PERSONAL S ADV INJURY $
GEN'L
AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE E
POLICY PRO-
JECT LOC
PRODUCTS-CCMP/OPAGG S
AUTOMOBILE
UABIUW
ANY AUTO
ALL OWNED AUTOS
(CEOMBIB DSINGLEUMR E
SCHEDULEDAUTOS
HIRED AUTOS
BODILYINRIRY
BODILYINJURY
(Per a¢lyn
(Perry
; S
GARAGE
NON-0WNED AUTOS
IWBIIITY
1\ 1) 1
�...
'.
PRCPERTY DAMAGE
a cpenD
$
ANYAUTO
..,
AUTOONLV-EA ACCIDENT
$
OTHERTKAN EA ACC
AUTOCNL
$
EXCESS/UMBRELLA UACIUTY
AGG
S
OCCUR CLAIMS MADE
EACNEGATE ENCE
S
AGGREGATE
g
E
DEDUCTIBLE
8
RETENTION E
S
WORKERS AND
EMPLOYERS LIABILITY
ANY PROPRIETORPARTNERIEXECUTIVE
OFRCER/MEMBER EXCLUDED?
TCRYDMRS ER
E.L. EkCH ACCIDENT
S
Byestl nbe urer
SPECIAL PROVISIONS babes
E.L. DISEASE -EA EMPLOYE
E
E.L. DISEASE -POLICY LIMIT
E
OTNER
A Mgmt. Consultants MCPL925-48-96 07/01/08 07/01/09 ra. Claim $1,000,000
Prof. Liabili to $1 000 000
DESCRIPTIDN OF OPERATIONSI LOCATIONS/ VEHICLE9I EXCLUSIDIa ADD® BY dDORBEAHTT/ SPBCUII, PROVagNB
Deductible: $5,000
rFaTIFRrATF unI noo
Monroe County Risk ManagNimmPnt
Monroe County Board of County
Cd issieners
1100 Simonton Street
Key West PL 33040
MONFDW I EHOULOANYOFTKEABOWDESCREMPOUCIEBRECANCELLWREP MWEEXRRAW
MMTHERWF.TNE081M INWMRWI ENDEAWRTOMML 30 DAYSWRTREN
NOTICE TO TKE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
BRPOBE MD OW,IGATKIN OR LUBILIn-OFANY KING UPON THE IRaIIREL RB AGENT9OR
CERTIFICATE OF INSURANCE
The company indicated below certifies that the insurance afforded by the policy or policies numbered and
described below is in force as of the effective date of this certificate. This Certificate of Insurance
does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any
policy numbered and described below.
CERTIFICATE HOLDER: 1NSUREO:
COUNTY OF MONROE INSURANCE ADVISORY GROUP INC
RISK MANAGEMENT \ �'�'AND INTERISK CORPORATION
P 0 BOX 1026 4 _ 4111 N WEST SHORE BLVD STE 208
KEY WEST, FL 33041.1026 TAMPA. FL 33607-4711
I I
POLICY NUMBER I POLICY
TYPE OF INSURANCE I
& ISSUING CO. IEFF. DATE
I LIABILITY 177-80.585401-0001
i 03.20-08
[X1 Liability and I
NATIONWIDE I
I Medical Expense i
MUTUAL FIRE I
Personal and I
INSURANCE CO.
Advertising Injuryl
1 [XI Medical Expenses I
I [XI Fire Legal I
I
I Liability 1
I [ I Other Liability
AUTOMOBILE LIABILITY 77-BA-585401-0001
I [XI BUSINESS AUTO NATIONWIDE
I MUTUAL FIRE
C 7 Owned I INSURANCE CO.
[X] Hired I
1 [X1 Non -Owned I
I I
POLICY I LIMITS OF LIABILITY
EXP. DATE i (*LIMITS AT INCEPTION)
03.20-09 1
03.20.08 i 03-20-09
I
I
I
I Any One Occurrence...,..., $ 1.000,000
I
Included in Above - Any One Person or
I Organization
I ANY ONE PERSON ........... $ 5,000
I Any One Fire or Explosion s 100.000
I
I General Aggregate* ....... $
Prod/Camp Ops Aggregate* , $
I
I Bodily Injury
I (Each Person) .......... $
(Each Accident) ........ $
1 Property Damage
I (Each Accident) ........ s
I Combined Single Limit .... s
21000,000
1,000,000
1.000,000
I EXCESS LIABILITY
I I I
i Each Occurrence ..........
S
I I
I Prod/Comp Ops/Disease
I[ 1 Umbrella Form
I I 1
I Aggregate* ..........._
$ I
177-WC-585401-DOD2 103-20.08 103-20-09
1 STATUTORY LIMITS I
[XI Workers'
I Nationwide I I
I BODILY INJURY/ACCIDENT ...
S 500,D00
Compensation
I Mutual I I
I Bodily Injury by Disease
I
and
I Insurance Co. 1
I EACH EMPLOYEE ..........
S 500,000
i 1X7 Employers'
1 I I
I Bodily Injury by Disease
I Liability
i I
I POLICY LIMIT ...........
S 500.000 I
Should any of the above described policies be cancelled before the DESCRIPTION OF OPERATIONS/LOCATIONS
expiration date, the insurance company will endeavor to rail 30 days VEHICLES/RESTRICTIONS/SPECIAL ITEMS
written notice to the above named certificate holder, but failure to MONROE COUNTY BOARD OF
mail such notice shall Impose no obligation or liability upon the COUNTY COMMISSIONERS AS CERT
company, its agents, or representatives. HOLDERS AND ADDL INSUREDS
Effective Date of Certificate: 03.20.2008
Date Certificate Issued: 07.02.2008
Authorized Representilivet. BRIER S GRIEVES
Cauntersigned at: 3347 W. BEAM AVE.
TAMPA, L 8
I v/r/KL ,
** TOTAL PfAGE.01 **