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Item C19BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 20, 2015 Division: Employee Services Bulk Item: Yes X No Department: RiskManagement Staff Contact Person: Maria L. SlavikX3178 to accept1 1 propos Company D/B/A Adjusters International to provide Insurance Adjusting Claim Services. The services of the Contractor will be used as a retainer agreement following catastrophic events resulting in significant damage, ' t .. hurricanes.as Minor/incidental ., handledby staff and the assistance of an adjusting firm is not required. The firm's fee is based on a percentage of the insurance claims' gross amount adjusted or otherwise recovered. If there are no claims (i.e. no hurricanes/major disasters assigned by Monroe County to the Contractor), there is no fee paid to the Contractor. PREVIOUS REVELANT BOCC ACTION The current contract with Goodman Gable Gould Adjusters !nal expires on 0 2015. The current contractpreviously 1 in 2012 and approved by the BOCC on June 20, 2012. On February 18, 2015, the BOCC approved for staff to seek competitiveproposals for the renewal of its Public Adjusters proposal was received (from the incumbent) and it is being recommended. CONTRA CTIA GREEMENT CHANGES. Goodman -Gable Gould is proposing a pricing structure that complies 1 1 _ : } : .1)(b) which limits the amount the Public Adjuster may charge for their services ranging from 7% to 10% of the insurance claim paid by the insurer. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No Internal Service Fund COST TO COUNTY: Based on recoveries SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: APPROVED BY: County OMB/Purchasing L13 Risk Management,�&­' DOCUMENTATION: Inclu1'1 X To Follow NotRequired DISPOSITION: AGENDA • Contract with: Goodman -Gable of Contract # Company . ................................... . .......... . ........................................................ ..................................................................... Effective Date: 6/1/2015 Expiration Date: /31 /18 Contract Purpose/Description: Suppo occurrences. Contract Manager: ... Maria Slavik 3 178 ................................................ Risk ManMement...... #1 (Name) (Ext.) (Department/Stop #) 51• •� Total Dollar Value of Contract: $ based on Current Year Portion: $ 0 recoveries .............................................................................................. Budgeted? YesH No El AccountCodes: 503-08501-530-310- Grant: S County N� c $ ADDITIONAL COSTS Estimated Ongoing Costs: $__—jyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, sah Changes Needed FIllivision Director YesR No6 [kisk Management Yesn Noo' *.M.B./Purchasing YesEl Noj[q� 7) YesE] No County �il L Date Out a rsllffi�� Suite 208 Tampa, FL 33607-4711 Phone (813) 287-1040 Facsimile (813) 287-1041 =30M Ms, Maria Slavik, CPM Risk Administrator Monroe County I IGO Simonton St. Suite 268 Key West, Florida 33040 Subject: Public Adjusters RFP In mid -February the County issued a RFP for the County's Public Adjusters services. A total 01'9 firms downloaded (he RFP documents from Demand Star. Proposals were received until April 9, 2015 when they were publically opened in accordance with the County's Purchasing Protocols. The only proposal received was from Good man-GId/Adj usters International (GGG/Al). GGG/Al has been providing the County's Public Adjusting services for a number ol'years and it is believed that the County has been pleased with the services that have been provided. On April 23, 2015 the Evaluation Committee for this RFP met to discuss GGG/Al's proposal. The Evaluation Committee consisted of: his. Maria Slavik Ms. Monique Lewinski :r Ms. Laura Hartle 03== Despite the NO that (lie County only received one proposal, each or the Committee members awarded GGG/Al with extrernely high rating scores. I concur with the Committee's scoring for the following reasons. 1. GGG/Al has served as the County's Public Adjuster for a number oryears. and the County has been well pleased with their service, 3, The lead adjuster for the County will be Mr. Pat Cuccaro who is extremely knowledgeable of tile County's operations and has adjusted a number of claims on behalf of the County to include coordinating FEMA recoveries. I I I 111, 1 111 Ir I 111 1 R I 10RIMITNEWINTIMMIESM. 5. CGG/AI provided biographies on 6 adjusters that will be assigned to the County's account. All of the assigned adjusters have extensive experience in the Public Adjusting field and 2 are specialists in coordinating FEMA claims. 6. CGG/Al proposed fees that are well within the maximum 1ecs that Public Adjusters are permitted to charge in accordance with Florida Statute § 626.854(l 1)(b)The Statute allows Public Adjusting firms to charge IVIr cal` the insurance recoveries as a 11ce if Florida's Governor declares a State ofEmergency. For claims that are not involved with a State of Emergency event Public Adjusters can charge a No amounting to 2014, cif the insurance recoveries. CGG/Al proposed the following fees: aInsurer payments ranging from $0 to $500,000 7% b. Insurer payments ranging from $500,000 to $1,000,000 8.5% c. Insurer payments in excess of $1,000,000 10% I support Me Evajuation-C Mfg-MITITETWIUM International be awarded the County's Public Adjusters contract. go= Sidney G. Webber CPCU, ARM CC: Teresa Aguiar AGREEMENT BETWEEN MO AND D ADJUSTERS INTERNATIONAL !'COUNTY CONTRACTR, PUBLIC ADJUSTING SERVICES THIS AGREEMENT is made and entered into this — day of ... ----------- . ...... . by MONRC4_9 political b r, ae of Florida, whose address is 1100 Simont Street, Key West, Florida 33040 and GOODMAN-GABLE-GOULD COMPANY A Maryland Corporati doing business in the State o, Florida as ADJUSTERS whose address is 6767 North Wickham Road, Suite 501, Melbourne, FL 32940. CONTRACTOR shall do, perform 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 shallprovide scope o, services in Exhibit A forCO',' professionalNTY. CONTRACTOR 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 CONTRACTOR shall at all times exercise independent, professional judgment and shall assume fi" x b, for the services to be provided. Contractor + provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under + Agreement resultingRequest Proposalw P, process. Agreement13The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this specifically requiresab' a i and independent contractors shall not ,A o, 1 e. o " y! w relationship performC. All personnel 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 r schedule of structures to CONTRACTOR that is mutually agreeable - UNTY +. (CONTRACTOR. 3.1 The initial Agreement term will be for one year beginning the 1st day of June 2015 and continuing h r" 01 Agreement "a berenewableO option for three (3) additional consecutive one year 3.2 The terms of this Agreement shall be from the effective date hereof and continue for a period 51 shallone year. This Agreement om+" , lrenewedsuccessiveperiods either party gives the other notice of cancellation in accordance with the terms set forth below. If either party desiresto modify this Agreement, .,ays prior to the effective date of such modification." party receiving the notification of the proposed modification l itself notify the other party within ten (10)iar,receipt of notice of its agreementto the �e proposed modificatiom Failureo do so shall terminate Agreement. this Claims that result in recoveries ranging from $0 to $500,000 from COUNTY's insurers will be billed at y. of actual recovery. Claims that result in recoveries ranging from $500,000o $ " 0 insurers will be billed at "actual Claims in excess of $1,000,000 from COUNTY's insurers will be billed at 10% of actual recovery.Y Compensation shall be effective for each of year one, year two, year three, year four. There will be no Additional charges. Years two through four will be contingent upon the COUNTY exercising its option A, Agreement. 4.2 Payment will be made according to Florida Local Government Prompt Payment Act. Any request County (Clerk). The o. payment ''/f in .W form satisfactory r' the Clerk o. Monroe reasonableRequest must describe with Director amount requested. The respective office supervisor and the review the quest, note his/her approval on the request and forward it to the Clerk for payment. 4.3 Monroe I performance and obligation to pay under this Agreement contingent ,. i Monroeannual appropriation by 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 .t" �' it � � Ny;CONTRACTOR throughdate of CONTRACTOR'SSection 6. ACCEPTANCE A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and th Agreement and has made a determination that he/she has the personnel, equipment, and oth requirements suitable to perform this work and assumes full responsibility therefore. T provisions of the Agreement shall control any inconsistent provisions contained in t specifications. All specifications have been read and carefully considered by CONTRACTO who understands the same and agrees to their sufficiency for the work to be done. Under rl� circumstances, conditions, or situations shall this Agreement be more strongly constru against 11" B. Any ambiguity or aspecifications +," d 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 strictcompliance this Agreement, and specifications coveringr, D. CONTRACTOR agrees that the County Administrator or his designated representatives may visit CONTRACTOR'S periodically„>i random " evaluations " of services during CONTRACTOR'S normale " s hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals submitted to COUNTY business activities in a reputable manner. Proof of such licenses and approvals shall be postage prepaid,party by certifiedmail,„ returned receipt requested,11 the following: To the COUNTY: Risk Management Administrator 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 Al:FOR Pat Cuccaro 6767 North i d Melbourne, FL 32940 CONTRACTORall 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 recordsa to this Agreement for " ,. purposesduring moniesterm 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 togetherM / ," i pursuant to Section 55.03Florida Statutes, from the w the monies were paid to CONTRACTOR. The CONTRACTOR warrants that o. employed,retained or otherwisehad a", on behalf any officerformer County or rt; ail 4 the prohibition of Sectioni 010-1990 4' 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 also, in its discretion, deductpurchase price,or otherwise recover o By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment o activities. '^ person or affiliate who has been placed on the convicted vendor list followingo c: r o: public entity crime may not submit a bid on a reement with a public entity for the construction or repair of a public building . a o perform workas a CONTRACTOR, supplier, subcontractor, o CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount o oed in Section 287.017oda Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 11. 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 madeand to be performed In the event that any cause of action or administrative proceeding is instituted for the enforcement o( 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. If any term, covenant,condition on o. this Agreement ter, 4, the application thereof to an circumstance 4 be declared invalid or unenforceable to any extent by a court o enforcementcompetent 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 of ning terms, covenants,conditions ', , and provisions o; this Agreement A am; ment of the oriVat-1 intent of this As—reement. The COUNTY and agree to reform e Agreement to replace n stricken provision with K valid provision that comes a. Section 13. close as possible to the intent of the stricken provision. The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended party" y 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 ,qd by the Circuit Court1, Monroe County. COUNTY shall not be liable for ;ri o" and costs to the prevailing party in a dispute, claim, action arising from Agreemente extent alters the limits ofliabilityestablishedin section8, . 8 Florida { 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. 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 CONTRACTOR 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 PUBLIC CONTRACTOR' " allowCESS The COUNTY and otherdocuments, papers, letters or materials possession NON-WAIVERprovisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and cancel this Agreement upon violation of this provision by CONTRACTOR. Section 23. 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 rthe extent of liability coverage, nor shall any Agreement by the COUNTY be required to contain any provision for waiver. Section f PRIVILEGES AND IMMUNITIES liability,All of the privileges and immunities from '., lr I , from ordinances, nd rules and pensions and relief,disability, workers'compensation, and other benefitsapply "4- the activity o; performing officers, agents, or employees of any public agents or employees of the COUNTY, when The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: Certificate of Insurance o, 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. subjectAll insurance policies must specify that they are not omaterial 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 a,,,, liability or obligation , 11„assumed under thisimposed contract or The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured"all policies, e/' Compensation. 31.2 Insurance Requirements For Contract Between County And f - erai Prior to the commencement of r Liability „v Operations• Premises Definition• Bodily Injury Liability • Expanded `, p 500,000 Combined Single Limit ( SL) If split limits are provided, the minimum limits acceptable shall be: "I Ills 11 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. Additional The Monroe County Board of County Commissioners shall be named as policies issued to satisfy the above requirements. obtain Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTO prior to the commencement of work, shall coveragemaintained throughout the life of the contract and include, as a minimum, liability 00,0 0 Combined Single Limit ( SL) split limits are provided, the minimum limits acceptable shall be. rior 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. $100,000 Bodily Injury Accident 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. Recognizing that the work governed by this contract involves the furnishing of advise or services of a professional nature, the CONTRACTOR { contract, Professional Liability Insurance which will respond to damages @rising out of the performance of professional services or any error or omission of the CONTRACTOR arising out of work governedcontract. The minimum limits of liability shall be: per occurrence/$500,000 Aggregate Section g HOLD HARMLESS AND DEFENSE The duty to defend under this Section is independent and separate from the duty to indemnify, and the duty to defend exists regardless of whether the claim is correctly or wrngbrought or of any CONTRACTOR,ultimility of the .` N;.mnified party. The duty to defend ate Y '� „ arises immediately upon presentation of a claim by any party and written notice of such claim being provided to the CONTRACTOR. The CONTRACTOR's obligation to indemnify and defend under this Section will survive the expiration or earlier termination of this AGREEMENT until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 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. orhindrande-safth u 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. .N WITNESS WHEREOF, the parties hereto have caused these presents to be executed on thB — day of 21—. (SEAL) Attest: A HEAVILIN, CLERK By: Deputy Clerk Date: (CORPORATE SEAL) A17 BW 1� Pdnt Name:. Title: S-e c Date: Lela MA 1010 Me] =111011111 0 1 By: Mayor/Chairman SCOPEEXHIBIT A resultingThe CONTRACTOR firm shall provide adjusting services on an as needed basis. The firrr-. will evaluate damage to Monroe County property and negotiate maximum settlements with its insurers following catastrophic events ; r, s; Y y €! s ANY i Prior to the commencementof work governed by this contract, theContractorobtainll Workers' Compensation Insurance with limits sufficient to respond to the applicable state In addition, the Contractor shall obtain players® Liability Insurance with limits of not less than: Coverage shall r; approvedstate of Florida. If the Contractor has been as an authorized self -insurer, the County shall recognize #` honor the Contractor'sstatus. e Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate providing details on the Contractor Program. self-insuranceIf the Contractor participates in a GENERAL 4,, INSURANCE � . BETWEEN ,MONrCONTRACTO FLORIDA AND Prior to the commencement„d by this contract, Contractorshall„ General iability Insurance. Coverage shallmaintained o , r ct and include, as a minimum: • Premises a • Products and Completed Operations • Blanket o. . , Liability Personal• b , • Professional Expanded Liability • n If split limits are provided, the minimum limits acceptable shall #�, WIN a ' 0# R� 0 An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on effective date contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance The Monroe County Board of County Commissioners shall be named aboveall policies issued to satisfy the requirements. LIABILITYVEHICLE FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Contractor, Recognizing that the work governed by this contract y ,r Coverage shall be maintained throughout the life of the liability coverage for: Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be* 00,000 Combined SingleLimit ( L requires the use of vehicles® the obtain Vehicle Liability Insurance. contract and include® as a minimum, If split limits are provided, the minimum limits acceptable shall be, The Monroe County Board of County Commissioners shall be named as Additional Insured on requirements. �Y I% satisfy r Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor, 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 ornissior, of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be, 00,000 per rr rr 1 5 , 0 aggregate Recognizing that the work governed by this contract involves the furnishing 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: