Item C21I
Meeting Date: September 17, 2014 Division: Employee Services
Bulk Item: Yes X No Department: Risk Management
Staff Contact Person: Maria L. Slavik x3178
AGENDA ITEM WORDING: Approval to accept proposal from The Florida Municipal Insurance
Trust Agreement #386 to provide General Liability, Vehicle Liability and Public Officials/Employee
Practices Liability and Excess Workers' Compensation.
ITEM BACKGROUND: The Liability policy provides insurance coverage for sums which the
County may become legally obligated to pay as a result of bodily injury, property damage, or personal
injury arising out of its operations. The policy also provides for reimbursement percentage of legal
fees incurred in the defense of criminal, civil or ethics proceedings. The Excess Workers'
Compensation policy provides coverage consistent with Florida Statute 440.
PREVIOUS REVELANT BOCC ACTION: The BOCC approved staff to seek competitive
proposals for the renewal of its Liability Insurance and Excess Workers' Compensation. Proposals
from two (2) agents/brokers were received and reviewed.
CONTRACT/AGREEMENT CHANGES: Purchase Liability and Excess Workers' Compensation
insurance program from the Florida League of Cities.
STAFF RECOMMENDATIONS: Approval to accept proposal from Florida League of Cities at a
cost of $597,810 to be paid in quarterly installments for the period of October 1, 2014 to September
30, 2015. It is also recommended that 2 inconsistencies be confirmed with the Florida League of
Cities. The first inconsistency is to confirm that Ascension Benefits & Insurance Solutions is an
acceptable Third Party Claims Administrator. The second inconsistency is to confirm if the Florida
League of Cities will charge $83,477 for its Public Officials Liability coverage or if the premium is
included in their General Liability premium. If the cost of the Public Officials Liability coverage is
included with the Florida League's General Liability premium, the total cost of the program will be
reduced to $514,333.
TOTAL COST: $597,810 BUDGETED: Yes X No
COST TO COUNTY: $597,810 SOURCE OF FUNDS: Internal Service Fund
Primarily Ad Valorem
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH— YeEl
APPROVED BY: County A O1�1BJPurchasing
Risk Management JI
Included X Not Required
1 U11M 9 11
Revised 2/27/01
CONTRACT SUMMARY
Contract with: . FMIT #386 Co
Contract #
Effective Date: 10/1/2014
Expiration Date: 9/30/2015
Contract Purpose/Description:
General Liability Insurance and Excess Workers' Compensation Renewal
Contract Manager: Maria Slavik
3178 Risk Management #7
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 9/17/14
Agenda Deadline: 9/2/2014
CONTRACT COSTS
Total Dollar Value of Contract: $ $597,810 Current Year Portion: $ 619,299
Budgeted? Yes® No ❑ Account Codes: 503-08502-530-450-
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
of included in dollar value above) eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed a 'ewer
Division Director $�']1� Yes❑ No�LL
Risk Management "`� "I ` Yes❑ Noa ' I ; . �, -/ / q
O.M.B./Purcliasmg �S L�J � �l Yes[-] NoE� c
County Attorney `Ulf Yes❑ No[ /
Comments:
. IVAaD FU11U XgXV1Seu LrL /IV I Mk-r ifL
-toIA"I
Consultants
Risk Management
Employee Benefits
August 18, 2014
Ms. Maria Slavik, CPM
Risk Administrator
Monroe County
1100 Simonton St.
Suite 268
Key West, Florida 33040
Subject: Excess Workers' Compensation and Liability RFP
Dear Maria:
1111 North Westshore Boulevard
Suite 208
Tampa, FL 33607-4711
Phone (813) 287-1040
Facsimile (813) 287-1041
On May 21, 2014, the Board of County Commissioners approved the issuing of the County's Excess
Workers' Compensation and Liability RFP. The RFP was posted on Demand Star on or about May 261h.
The RFP stipulated that the County will accept Requests for Additional Information through July Yd and an
addendum to the RFP was posted on Demand Star on July 8s' responding to all requests that were received.
Proposals were received through August 8`h when all proposals were opened in accordance with the
County's Purchasing protocols.
The County received proposals from two (2) insurers.
1. The Florida Municipal Insurance Trust (FMIT) submitted by the Florida League of Cities (FLOC).
2. The Preferred Governmental Insurance Trust (PGIT) submitted by Preferred Risk Insurance
Agency (PRIA).
Currently the FMIT provides the County's Liability coverages that includes:
➢ Commercial General Liability
➢ Vehicle Liability
➢ Public Officials Liability
The County currently purchases limits of $5 million subject to a retention of $200,000. The County's
Vehicle Liability policy has been endorsed to include physical damage on the County's vehicles (excluding
its firefighting apparatus that is separately insured). Physical Damage claims will be paid on an "Actual
Cash Value" basis and are subject to a $1,000 per claim deductible. The FMIT policy is extremely broad
and offers coverages, terms and conditions that are not typically found in traditional insurance policies.
The County is currently paying an annual premium of $217,933 for its Liability insurance being provided
by the FMIT. The County's current program expires on September 30, 2014.
The County Excess Workers' Compensation coverage is currently being provided by PGIT. It offers
Statutory Limits for Workers' Compensation claims and limits of $1 million for Employers Liability
claims. Statutory Limits means that PGIT will pay all benefits specified by Florida Statute 440. Employers
Liability claims are those that resemble Workers' Compensation claims but for some reason fall outside the
scope of FS 440. Employers Liability claims rarely occur. The County is responsible for the first $500,000
of each claim with PGIT assuming the balance of the claim. The County is currently paying an annual
premium of $401,366 for their Excess Workers' Compensation coverage. The County's current program
expires on September 30, 2014.
Upon the receipt of the FMIT and PGIT's proposal they were reviewed in detail and the attached side -by -
side comparison displays the major features of each program and compares them to the current program.
PGIT/PRIA was unable to provide a proposal for the County's Liability program and only submitted a
proposal for the County's Excess Workers' Compensation coverage. PGIT/PRIA offered 4 alternative
proposals.
PGIT/PRIA's first proposal offered Statutory Workers' benefits and Employers Liability limits of
$1,000,000. This is consistent with the County's current program. Under this option, the County will be
responsible for the first $500,000 of each claim. PRIA will be compensated by commissions paid to them
directly by PGIT. PGIT/PRIA proposed an annual premium of $363,061 for this option.
The second proposal offered by PGIT/PRIA is identical to their first proposal with the exception that the
County would be responsible for the first $600,000 of each claim. The proposed premium for this option
was $346,750.
The third proposal offered by PGIT/PRIA is identical to their first proposal but was based on what is
referred to as a "Net of Commission" program. Under a "Net of Commission" program, the insurer (PGIT)
reduces its premium by the amount of commission they would have paid PRIA and PRIA bills the County
directly for their services. Under this option PGIT proposed an annual premium of $343,953 and PRIA
proposed an annual fee of $30,000 for a total cost of $373,953.
The fourth proposal offered by PGIT/PRIA is identical to their second proposal except it was offered on a
"Net of Commission" basis. Under this option PGIT proposed an annual premium of $328,500 and PRIA
proposed an annual fee of $30,000 for a total cost of $358,500.
The FMIT/FLOC's proposal contained 2 inconsistencies that need to be clarified once approval is received
from the BOCC.
First, FMIT/FLOC indicated that Ascension Benefits & Insurance Solutions is an acceptable Third Party
Claims Administrator (TPA). Ascension currently serves as the County's Workers' Compensation TPA
and currently administers the claims that fall within the County's retention ($500,000). The County's RFP
clearly stated that the acceptability of Ascension as the County's TPA would factor heavily in the County's
evaluation. In another section of FMIT's/FLOC's proposal stated that the County's TPA must be approved
by the FMIT.
The second inconsistency was in the Public Officials Liability section of their proposal. On the proposal
forms that were incorporated in the County's RFP, FMIT/FLOC indicated that their Public Officials
Liability premium was included in their General Liability premium. However, in another section of their
proposal the FMIT/FLOC indicated a Public Officials premium of $83,477. This is a critical issue that
needs to be confirmed. The following displays the FMIT/FLOC proposed premiums if the Public Officials
Liability premium is included in their General Liability and if they will charge a separate premium for their
Public Officials Liability coverage.
Proposed Premiums
Coverage
With Public Officials Liability
Premium Included in General
Liabili
With a Separate Public Officials
Liability Premium
Commercial General Liability
$76,864
$76,864
Vehicle Liability
$79,198
$79,198
Public Officials Liability
Incl.
$83,477
Excess Workers' Com ensation
$358,271
$358,271
Total
$514,333
$597,810
On August 18s`, the County's Evaluation Committee met and unanimously ranked the Florida Municipal
Insurance Trust/Florida League of Cities' proposal as the best option for the County. Even if the FMIT
charges $83,477 for their Public Officials Liability coverage, the County will realize a savings of $21,489
(3%) compared to their current premiums. If the FMIT's General Liability premium includes their Public
Officials Liability premium, the County will reduce its premiums by $104,966 (14%). I concur with the
Evaluation Committee's rankings.
Please give me a call if you have any questions or wish to discuss this issue in more detail.
Sidney G. Webber
CPCU, ARM
CC: Teresa Aguiar