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Item C01 ' CM ounty of onroe BOARD OF COUNTY COMMISSIONERS  Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 TheFloridaKeys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting September 21, 2016 Agenda Item Number: C.1  Agenda Item Summary #1887 BULK ITEM: DEPARTMENT: Yes Employee Services TIME APPROXIMATE:STAFF CONTACT: MeriDe Mercado (305) 292-4451 none AGENDA ITEM WORDING: Approval of a three year contract with two one year renewals with Employers Mutual, Inc. to Provide Third Party Claims Administration for the Monroe County Workers' Compensation Program at the annual cost of $73,500 for a total cost of $367,500 over five years. ITEM BACKGROUND: In accordance with purchasing policy and BOCC approval on March 23, 2016, a Request for Proposals (RFP) was issued on May 25, 2016 for Third Party Claims Administration. Seven proposals were received and reviewed by the selection committee on June 13, 2016. /a/ Ascension Benefits & Insurance Solutions at an annual cost of $73,500. The selection committee members were Ramsingh, Assistant City Attorney, City of Key West Florida, Maria Gonzalez, Benefits Administrator, BOCC and Meri-de J. Mercado, WC Administrator, BOCC. The advisors were Sid Webber, Insurance Consultant and Cynthia Hall, Assistant County Attorney. PREVIOUS RELEVANT BOCC ACTION: Previous 2009 RFP also awarded the bid to Employers Mutual, Inc. at the annual cost of $70, 918. The current agreement with Employers Mutual, Inc. expires on September 30, 2016. CONTRACT/AGREEMENT CHANGES: Approval of service agreement with Employer's Mutual, Inc d/b/a Ascension Benefits & Insurance Solutions to provide Third Party Claims Administration for the Monroe County Workers' Compensation Program. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Monroe County Workers Comp TPA Agreement - EMI (EMI Signed) EMI Agreement 9-20-2009 to 9-30-2012 4EGOIX4K ' EMI First Amendment 10-1-2012 to 9-30-2015 EMI 2nd Amend 10-1-2015 to 09-30-2016 Third Amendment May 2016 FINANCIAL IMPACT: Effective Date: 10/1/2016 Expiration Date: 09/30/2021 Total Dollar Value of Contract: $367,500. Total Cost to County: $367,500. Current Year Portion: 0.00 Budgeted: Yes Source of Funds: Primary Ad Valorem - Internal Service Fund. CPI: No Indirect Costs: 0.00 Estimated Ongoing Costs Not Included in above dollar amounts: 0.00 Revenue Producing: No If yes, amount: Grant: No County Match : No Insurance Required: Statutory $500,000 General Liability $1 million Vehicle Liability $1 million Professional Liability $1 million Additional Details: Annual Contract amount is $73,500. FY16 contract amount was $70,918. REVIEWED BY: Teresa Aguiar Completed 09/02/2016 11:16 AM Assistant County Administrator Christine Hurley Skipped 09/02/2016 11:17 AM Cynthia Hall Completed 09/02/2016 12:29 PM Teresa Aguiar Skipped 09/02/2016 11:17 AM Budget and Finance Completed 09/02/2016 2:24 PM Maria Slavik Completed 09/02/2016 2:30 PM Kathy Peters Completed 09/02/2016 3:35 PM Board of County Commissioners Pending 09/21/2016 9:00 AM 4EGOIX4K 'E 4EGOIX4K 'E 4EGOIX4K 'E 4EGOIX4K 'E 4EGOIX4K 'E 4EGOIX4K 'E 4EGOIX4K 'E 4EGOIX4K 'E 4EGOIX4K 'E 4EGOIX4K 'E Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensationand Professional Liability (including Employers’ Liability). 7IGXMSR-2()12-*-'%8-32 The Contractordoes 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 Contractoror substantial and unnecessary delay caused by the willful nonperformance of the Contractorand shall be solely responsible and answerable for any and allaccidents 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 Contractoragrees 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 Contractoris 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 Contractoror 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 Contractorshall 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 Contractorshallbe 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 Countyas 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 Countyor other public or semi- public agencies. The Contractoragrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the Countyduring the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the Countyby an extension of time for a reasonable period for the Contractorto complete the work schedule. Such an agreement shall be made between the parties. 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