Item O5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wed. Oct. 21, 2009
Bulk Item: Yes No XX
Division: BOCC
Department: Comm. DiGennaro, District 4
Staff Contact Person: Tamara Lundstrom
(305 289-6000)
AGENDA ITEM WORDING: Discussion and approval to waive bid process to utilize the public
adjuster services of Municipal Claims Management Services, Inc. (MCMS) to review all claims,
losses, and/or occurrences to determine if further recovery is available in closed claims filed for
the County in connection with Hurricane Wilma, which impacted the County in October 2005,
and manage such supplemental claims.
ITEM BACKGROUND: Claims covered by this agreement include only those related to
property damage from Hurricane Wilma and which have already been processed and closed by
the County and its existing primary adjuster, Goodman -Gable -Gould (GGG), dba Adjusters
International (AI). MCMS fees will be based on a sliding percentage of the gross amount
recovered, (10/20/25%).
PREVIOUS RELEVANT BOCC ACTION: July 15, 2009 BOCC approved contract with
GGG/AI, after extended RFP process. As the MCMS agreement is based on closed claims
administrated by GGG/AI, a copy of that contract is included herein.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval of dispensation of bidding requirements under
Section 2-347, Monroe County Code, pursuant to Subsection (k)(1) a through d, that there is a
substantial risk that funding sources could be lost for repairs to County infrastructure if a
bidding process is followed due to the limitation on claims being approximately 1 year.
TOTAL COST: INDIRECT COST: est. $5,000 to provide documentation
for review and any other coordination for access to facilities BUDGETED: Yes No
COST TO COUNTY:
SOURCE OF FUNDS:
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
REVENUE PRODUCING: Yes XX No
Year
APPROVED BY: County Atty XX/SH
DOCUMENTATION: Included XX
DISPOSITION:
Revised 2/05
AMOUNT PER MONTH Undetermined
urchasing
Not Required
Risk Manageme .
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Munic. Claims Mgmt Sry Contract #
Effective Date: Oct. 212009
Expiration Date: Oct. 21, 2010
Contract Purpose/Description:
Review processed and closed property damage claims related to Hurricane Wilma
by primary insurance adjuster, (Goodman/Gable/Gould dba Adjusters International), and
propgty damage claims related to Hurricane Wilma which could have been filed but have not
been filed. MCMS will investigate for additional settlements related to Hurr. Wilma..
Contract Manager: Suzanne Hutton 3470 County Attorney/ #7
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 10/21/09 Agenda Deadline: 10/06/09
CONTRACT COSTS
Total Dollar Value of Contract: $ % of gross
recovered
Budgeted? Yes❑ No ® Account Codes:
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $5,000/yr For: Indirect staff time costs
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, sE
Current Year Portion: $
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No[-]
Risk Management wl Yes❑ NoEf V 7
Ps lL
O.M.B./Purchasing YesE] No;/-�
County Attorney /d/&IM7 Yes NoH/
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OMB Form Revised 2/27/01 MCP #2
AGREEMENT BETWEEN MONROE COUNTY
AND
MUNICIPAL CLAIMS MANAGEMENT SERVICES, INC.
THIS AGREEMENT is made and entered into this day of , by
MONROE COUNTY ("COUNTY'), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and MUNICIPAL CLAIMS
MANAGEMENT SERVICES, INC. ("FIRM"), whose address is 9745 SW 72nd Street,
Suite 207, Miami FI 33173.
WITNESSETH:
WHEREAS, the County has been in contract with Goodman -Gable -Gould
Company doing business as Adjusters International ("Al") for several years; and
WHEREAS, the County desires to retain the services of the Firm to review
claims, losses and/or occurrences in order to determine if further recovery is available in
claims filed for the County in connection with Hurricane Wilma which impacted the
County in October, 2005, and to manage such supplemental claims; and
WHEREAS, the Firm is an independent contractor engaged in the business of
Insurance Adjusting, Alternate Dispute Resolution, Insurance Mediation, and Insurance
Appraising and is licensed by the State of Florida to conduct such business.
WHEREAS, the Firm represents that it is qualified and possesses sufficient skills
and the necessary capabilities to perform the services as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, COUNTY and FIRM agree as follows:
1. THE AGREEMENT
The entire Agreement between COUNTY and FIRM with respect to the subject
matter hereof is contained in this Agreement and in any exhibits or attachments to this
Agreement. This Agreement supersedes all prior oral and written proposals between
FIRM and County related to the subject matter of this Agreement. No provision of this
Agreement shall be deemed waived, amended or modified by either party unless such
waiver, amendment or modification is in writing and executed by both COUNTY and
"`° °IRM in #11e same,.,q
1janner as this Agreement. This Agreement shall be, binding upon
and inure to the benefit of the parties hereto, their permitted successors and assigns.
2. SCOPE OF THE WORK
Claims covered by this Agreement include only those related to property damage
from Hurricane Wilma and which have already been processed and closed by the
County and its existing and primary adjuster Al, and claims related to property damage
from Hurricane Wilma which could have been filed but have not been filed. FIRM shall,
in conjunction with the investigation and settlement of any claim covered by this
agreement, seek out witnesses and obtain statements from the parties, witnesses, and
other person or persons who might have knowledge of the facts concerning the
claim(s), loss(es) and/or occurrences. The Firm shall obtain photographs, statements,
reports, or other physical evidence that may be available and that will aid in the
determination of liability for or amount of damages or loss sustained as a result of the
claim(s), loss(es) and/or occurrence(s). The Firm shall assist the County in the defense
of any claim that cannot, after reasonable effort, be settled and shall procure evidence
to be used in the presentation of a case before a court, arbitrator, or other tribunal. The
Firm will assist in the identification of liable third party for the County's recovery through
Subrogation.
FIRM warrants that it is authorized by law to engage in the performance of the activities
herein described, subject to the terms and conditions set forth in these Agreement
documents. The FIRM shall at all times exercise independent, professional judgment
and shall assume professional responsibility for the services to be provided. FIRM shall
provide services using the following standards, as a minimum requirement:
A. The FIRM shall maintain adequate staffing levels to provide the services
required under the Agreement resulting from this RFP process.
B. The FIRM personnel and subcontractors shall not be employees of or
have any contractual relationship with the County.
C. All personnel and subcontractors engaged in performing services under
this Agreement shall be fully qualified, and, if required, to be authorized or
permitted under State and local law to perform such services. All
personnel and subcontractors of FIRM presently have, and shall maintain
throughout the term of this Agreement, appropriate licenses and approvals
required to conduct its business, and will at all times conduct the FIRM's
business activities in a reputable manner as generally recognized in its
profession. Proof of such licenses and approvals shall be submitted to the
County upon request.
D. Additional provisions regarding the services to be provided under this
Agreement are contained in Exhibit A, attached to and included herein.
3. PAYMENTS TO FIRM
Payments-#Q_ FIRM shall be made as follows:
A. COUNTY's performance and obligation to pay under this Agreement is
contingent upon annual appropriation by the Board of County Commissioners.
B. FIRM shall submit all invoices to the COUNTY with supporting documentation
acceptable to the Clerk based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of
funds.
C. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act. Payment will be made periodically in arrears, but no more
frequently than monthly.
D. Expenses will not be charged by FIRM to COUNTY. The Firm will pay for all
estimating, engineers or other experts and all other usual and customary
expenses incurred associated with the preparation and presentation of a
demand from insurer, FEMA or other source of recoverable funds.
E. COUNTY will compensate the FIRM upon receiving proceeds as a result of
loss settlement and upon receipt of proper billing and supporting documents from FIRM
as follows:
(i) The Firm shall be paid an amount equal to 10% (Ten Per Cent) of the gross
amount recovered if such recovery is made by the Firm prior to or after the hiring of an
attorney but before the filing of a lawsuit.
(ii) In the event the attorney files a lawsuit and a recovery is obtained without
trial, the Firm shall be entitled to 20% (Twenty Per Cent) of the gross amount of the
recovery.
(iii) In the event such litigation results in the rendering of a Final Judgment after
trial, the Firm shall receive 25% of the gross amount recovered.
F. The Board of County Commissioners shall approve any litigation instituted to
collect a claim being managed by FIRM, and may require that COUNTY's regularly
retained counsel or in-house counsel handle the litigation.
4. TERM OF AGREEMENT
The term of this Agreement term will be for one (1) year beginning the day
of , 2009 and renewable annually until there are no outstanding
claims for Hurricane Wilma damage being managed by FIRM, unless terminated
earlier under the relevant paragraph of this Agreement.
5. FINANCIAL RECORDS
FIRM shall maintain all books, records, and documents directly pertinent to
performance urfft -tfiis-.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 FIRM pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the FIRM 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 FIRM.
6. PUBLIC ACCESS
The COUNTY and FIRM 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 FIRM in conjunction with this Agreement; and the
COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this
provision by FIRM.
7. HOLD HARMLESS AND INSURANCE
FIRM 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 attorneys' fees) which arise
out of, inc connection with, or by reason of services provided by FIRM occasioned by
the negligence, errors or other wrongful act or omission of FIRM, its employees or its
agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained in Exhibit B of this Agreement.
Prior to execution of this Agreement, FIRM shall furnish to County Certificates of
Insurance indicating the minimum coverage limitations as specified in Exhibit B.
Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of COUNTY and FIRM 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 COUNTY be
required to contain any provision for waiver.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this Agreement, FIRM is an independent
antractor and not an employee of the Board of County Commissioners of Monroe
County. No statement --contained in this Agreement- shatf� be construed so as to find
FIRM or any of its employees, subcontractors, independent contractors, servants, or
agents to be employees of the Board of County Commissioners of Monroe County.
9. NONDISCRIMINATION
COUNTY and FIRM 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
FIRM 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.
10. ASSIGNMENT/SUBCONTRACT
FIRM shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners of
Monroe County, which approval shall be subject to such conditions and provisions as
the Board may deem necessary. This paragraph shall be incorporated by reference into
any assignment or subcontract and any assignee or subcontractor shall comply with all
of the provisions of this Agreement. Unless expressly provided for therein, such
approval shall in no manner or event be deemed to impose any additional obligation
upon the Board.
11. COMPLIANCE WITH LAW
In carrying out FIRM'S obligations under this agreement, FIRM shall abide by all
<#atutes,_ordinances, rules and regulations pertaining to or regulating the provisions of
this Agreement; i dloding those now in effect and hereafter=adopted.-Any violation of
said statutes, ordinances, rules or regulations shall constitute a material breach of this
Agreement and shall entitle COUNTY to terminate this Agreement immediately upon
delivery of written notice of termination to FIRM.
12. DISCLOSURE AND CONFLICT OF INTEREST
FIRM represents that it, its directors, principals and employees presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this Agreement, as provided in
Sec. 112.311, et. seq., Florida Statutes.
COUNTY agrees that officers and employees of COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Sec. 112.313, F.S., 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.
Upon execution of this Agreement, and thereafter as changes may require, FIRM
shall notify COUNTY of any financial interest it may have in any and all programs in
which COUNTY sponsors, endorses, recommends, supervises or requires for
counseling, assistance, evaluation, or treatment.
The COUNTY and FIRM 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 FIRM 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.
13. PLEDGE OF CREDIT
FIRM shall not pledge County's credit or make it a guarantor of payment or
surety for any agreement, debt, obligation, judgment, lien, or any form of indebtedness.
FIRM further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Agreement.
14. NOTICES
Any notice required or permitted under this agreement shall be in writing and hand
elivered or maited3p-ostage prepaid, to the other party_Yby. ce_ rtified_mail, returned
receipt requested, to the following:
To the COUNTY:
Monroe Risk Manager and County Attorney
1100 Simonton Street, Suite 2-268 P.O. Box 1026
Key West, FI. 33040 Key West, FI. 33041-1026
To the FIRM:
Enriquez Rodriguez, CEO
Municipal Claims Management Services, Inc.
9745 SW 72"d Street, Suite 207
Miami, FI. 33173
15. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. FIRM
shall not be exempted by virtue of COUNTY's exemption from paying sales tax to fulfill
its obligations under this Agreement. FIRM shall be responsible for any and all taxes
related to services rendered under this Agreement.
16. GOVERNING LAW, VENUE, INTERPRETATION, SEVERABILITY, COSTS AND
ATTORNEY FEES
A. Governing Law. 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.
B. Venue. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Agreement, the COUNTY
and FIRM agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County; Florida.
C. 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
FIRM 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.
D. Attorney's Fees and Costs. The COUNTY and FIRM 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.
E. Adjudication of Disputes or Disagreements. COUNTY and FIRM 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.
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.
F. 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 FIRM 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 FIRM specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
17. TERMINATION
The COUNTY may terminate this Agreement for cause with seven (7) days
notice to the FIRM. Cause shall constitute , in the judgment of the Board of County
Commissioners, a breach of the obligations of FIRM to perform the services specified
herein as FIRM's obligations under this Agreement. Either party may terminate this
Agreement without cause by giving the other party at least sixty (60) days written notice
of its intention to do so.
18. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the COUNTY and FIRM and their respective legal
representatives, successors, and assigns.
19. 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.
20. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
21. 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.
22. 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.
23. 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
FIRM agree that neither the COUNTY nor the FIRM 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.
24. ATTESTATIONS
FIRM aTrees td`�te 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.
25. 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.
26. 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.
27. 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day of . 200.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
LBy:
�1�j"IZJA TO
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
MUNICIPAL CLAIMS MANAGEMENT
SERVI , INC.
By d
, 1+9
iqu odrigue 110
Chief=Executive Officer
EXHIBIT
CATASTROPHE RECOVERY
To ensure compliance with State and Federal laws, statutes, ordinances and policies governing
the eligibility of disaster reimbursement grant funding from all available sources, the firm shall
provide:
(i) Identify funding sources; agencies, programs, insurers, responsible third parties
and be available to assemble the required supporting documentation, produce
grant worksheets, coordinate with the State and Federal Public Assistance
Programs and assist with disaster funding from FEMA, Housing and Urban
Development (HUD) and the Federal Highway Administration and other federal,
State and local funding sources and agencies as may be applicable.
(ii) Available to ensure compliance with State and Federal contracting laws, statutes,
regulations- and policies and assist in the review of `pre -disaster and post -disaster
bidder pre -qualifications, request for proposal (RFP), request for applications
(RFA), competitive bidding and acceptable contract types as well as investigation
of federally de -barred contractors.
(iii) Documentation of damages via repair invoices, detailed diagrams, photographs,
and/or video taping.
(iv) Prepare detailed and defendable cost estimates, using local pricing supported
with a nationally accepted estimating software system. The Firm agrees to work
closely with the State and Federal Public Assistance Specialist to ensure
coordination of all disaster losses so that all eligible funding may be achieved.
EXHIBIT B
(4 pages)
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
MUNICIPAL CLAIMS MANAGEMENT SERVICES, INC.
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 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.
Page 1 of 4
EXHIBIT B
(4 pages)
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
MUNICIPAL CLAIMS MANAGEMENT SERVICES, INC.
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:
$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
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Page 2 of 4
EXHIBIT B
(4 pages)
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
MUNICIPAL CLAIMS MANAGEMENT SERVICES, INC.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
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.
Page 3 of 4
EXHIBIT B
(4 pages)
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
MUNICIPAL CLAIMS MANAGEMENT SERVICES, INC.
Recognizing that the work governed by this contract involves the fiunishing of advice 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:
$500,000 per Occurrence/$1,000,000 Aggregate
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