Item O06C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: 0.6
Agenda Item Summary #4687
BULK ITEM: Yes DEPARTMENT: Risk Management
TIME APPROXIMATE: STAFF CONTACT: Maria Slavik (305) 295 -3178
N/A
AGENDA ITEM WORDING: Approval to purchase insurance for Monroe County emergency
vehicles and portable equipment from American Alternative Ins. Co. through the VFIS insurance
agency; use competitive bidding procedures purchase exemption, and authorize the Risk
Management Administrator to sign the Florida Consent to Rate /Excess Rate Application.
ITEM BACKGROUND: This American Alternative insurance policy provides coverage for
damages to the County's emergency vehicles and portable equipment with an effective policy term
of October 1, 2018 to September 30, 2019. This policy is uniquely beneficial over other policies
because it provides emergency vehicle coverage on a "scheduled value" basis rather than an "actual
cash value" basis and also provides "guaranteed replacement value" for the County's communication
equipment used for firefighting, ambulance and rescue operation. Due to the unique terms and
conditions of this policy coverage required by the County, this policy is exclusive in the market and
is not benefited by the competitive bidding process. Staff seeks approval to exempt the acquisition of
this policy from the competitive bidding procedures pursuant to and as authorized by County
Purchasing Policy Ch. 10 — Purchase of Insurance, and Monroe County Code Sec. 2- 347(e)(5)g,
which provides that policies, which due to the unique terms and conditions required by the County,
are exclusive in the market and thus are not benefitted by the competitive bidding procedures may be
exempted from formal competition. The County's risk management consultant's recommendation
letter, Purchasing Policy Chapter 10 and MCC Sec. 2- 347(e)(5)g are attached as backup.
PREVIOUS RELEVANT BOCC ACTION:
9/21/16 — BOCC approved the current emergency vehicles and portable equipment damages
insurance policy. 7/15/15 - BOCC approved Ordinance 015 -2015 which added Sec. 2- 347(e)(5)g to
the MCC and the Purchasing Policy was revised to authorize this type of policy to be acquired as an
exclusion and exempt from the competitive bidding process.
CONTRACT /AGREEMENT CHANGES:
American Alternative Ins. Co. proposed an annual premium for the 2018/19 Emergency Vehicle
Physical Damage policy of $69,203.00 and an annual premium for the County's Portable Equipment
Damage coverage of $5,816.00 which includes $5.68 State - Imposed Surcharges and fees. The
brings the total premium for the County's Emergency Vehicle Physical Damage and Portable
Equipment coverage to $75,024.82 . This represents a increase of $7,881.14 (11.7 %).
STAFF RECOMMENDATION: Approval of the purchase of the American Alternative insurance
policy through use of the competitive bidding procedures exemption, and for the Risk Administrator
to sign the Florida Consent- to- Rate/Excess Rate Application.
DOCUMENTATION:
Interisk Corporation Recommendation Letter, Premium Summary & Florida Consent -to -Rate Excess
Rate Application
MCC Sec. 2- 347(e)(5)g.
Purchasing Policy Ch. 10 Purchase of Insurance
FINANCIAL IMPACT:
Effective Date: 10/1/18
Expiration Date: 9/30/19
Total Dollar Value of Contract: $75,024.82
Total Cost to County: $75,024.82
Current Year Portion: $67,142.68
Budgeted: Yes
Source of Funds: Internal Service Fund /Primarily Ad Valorem
CPI: N/A
Indirect Costs: N/a
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
09/19/18 503 -08502 - RISK MGMT INSURANCE
$75,024.82
REVIEWED BY:
Maria Slavik
Completed
09/04/2018 10:13 AM
Chris Ambrosio
Completed
09/04/2018 4:07 PM
Bob Shillinger
Completed
09/04/2018 5:26 PM
Budget and Finance
Completed
09/04/2018 5:29 PM
Kathy Peters
Completed
09/04/2018 6:55 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
xm�- �
Risk Management
Employee Benefits
OTMEUM-1
Ms. Maria Slavik, CPM
Risk Administrator
Monroe County
1111 12' Street
Suite 408
Key West, Florida 33040
Suite 208
Tampa, FL 33607-4711
Phone (813) 287-1040
Facsimile (813) 287-1041
Subject: Emergency Vehicle Physical Damage and Portable Equipment Damage Insurance
FITT M TS , "o.
American Alternative has proposed an annual premium for the 2018119 Emergency Vehicle Physical
Damage policy of $69,203.00 and an annual premium for the County's Portable Equipment Damage
coverage of $5,816.00. The States Taxes, Surcharges and Fees amount to $5.82. This brings the total
premium for the County's Emergency Vehicle Physical Damage and Portable Equipment coverages to
$75,024.82 for the 1011118 to 1011 /l9 policy term.
The following schedule reflects a side by side comparison of the 2017/18 premiums to the proposed
2018/19 premiums.
It should be noted that American Alternative's Emergency Vehicle Physical Damage and Portable
Equipment policies contain features that are not normally available from traditional insurers. Some of the
more notable features are discussed below.
2017/18
2017/18
Premium
Percentage
Coverage
Premium
Proposed
Increase/(Decrease)
Increase/ {Decrease)
as Issued
Premium
Emergency
Equipment
Vehicle
$61,455.00
$69,203.00
$7,748.00
12.6%
_q2jerage
Portable
$5,683-00
$5,816.00
$133.00
2.3%
_Kquijpment
State
Imposed
Taxes,
$5.68
$5.82
$0.14)
2.4%
Surcharges
and Fees
[
$67,143.68 1
$75,024.82
$7,881.14
11.7%
It should be noted that American Alternative's Emergency Vehicle Physical Damage and Portable
Equipment policies contain features that are not normally available from traditional insurers. Some of the
more notable features are discussed below.
Please give me a call if you have any questions or wish to discuss this issue in more detail.
11:4 ki M "94101 R ITO] M
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Sidney G. Webber
CPCU, ARM
VFISO
A PROPERTY & CASUALTY PROPOSAL
PREPARED FOR:
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: VFIS OF FLORIDA
1500 NW 11TH STREET
BOCA RATON, FL 33486 - 0000
(800) 233 1957
DATE PREPARED: August 31, 2018
This proposal is valid for 90 days
TABLE OF CONTENTS
TABLE OF CONTENTS .......'..'.......'...''.'.'........^..''...........' 2
YOUR QUOTE:
GENERAL INFORMATION ...........''....'..,,...........'..'...''... 3
RISK CONTROL SERVICES and RISK MANAGEMENT .'.................'. 4
PROPERTY ........................................................... 6
CRIME''...,......,,.,.....^.........'..'.'..''.............''....... 7
PORTABLE EQUIPMENT . . . . . . . . . . . . . . . ' . . . . ' . . . . . . . . . . . ^ . . . . . ''' . . . . . . 0
AUTO. '. . . . '' . . . ' . . . . ' . . '' . . , . . . . . . . . ^ . . . . . . . . . . . . .' . . . . . . ., . ^,^ . . . . . 9
GENERAL LIABILITY .................................................. l)
MANAGEMENT LIABILITY ...^........'.........'..................... 12
EXCESS LIABILITY ................................................... 16
PREMIUM SUMMARY ..'......,,.......^^.......'....'..,............. 17
VFISK]RDER FORM ...............,,............'........'...,........'..' 18
STATE-SPECIFIC FRAUD WARNING NOTICES ...,..^...'........'........... 19
VF|G Proposal 2
GENERAL INFORMATION
First Named Insured: THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Mailing Address: 1111 12TH STREET, 4TH FLOOR
Im, walm:a10 six
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Coverage Applies To: STOCK ISLAND VOLUNTEER FIRE DEPARTMENT,
INC
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VFIS Proposal
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As a valuable service to your organization, VFIS provides risk control services. Employing risk
control techniques will accomplish two major objectives. The first is to reduce or eliminate the
loss producing conditions and exposures of your organization.
This in turn will achieve the second objective of risk control, which is to help you control the
costs of your insurance program and reduce uninsured losses. While insurance coverages should
take care of the majority of covered losses, you should understand that claims often contain
hidden costs, known as indirect losses, which are not covered by insurance. Some examples of
indirect losses are deductibles that must be paid, downtime of equipment or apparatus, temporary
or permanent reductions in staffing, costs of overtime, fines, lowered morale and poor public
image.
VFIS Risk Control Services can provide your organization with a number of resources to assist
you in accomplishing these objectives. While we cannot eliminate all of your exposures, we can
help you reduce the potential for losses through consistent and ongoing risk control and risk
management efforts.
Risk Control Services
Our experienced technical staff of professionals can assist you in your risk control efforts in
many ways. VFIS is proud to offer these valuable services at no cost to your organization. The
following are just some of the services available to VFIS clients:
• Mutual Aid by VFIS - An emergency services self audit and resource identification guide
which highlights known loss producing exposures and directs you to available VFIS
resources to assist your organization in addressing them.
• Communique's - Technical reference bulletins addressing specific areas of operation and
offering suggested management controls in SOGISOP language. Available by contacting
VFIS Risk Control Services or by visiting our website at www.vfis.com
• Direct Contact - Risk control professionals are available to answer questions regarding
codes, laws and standards; technical issues; and management and operational policies and
procedures.
• On -Site Services - VFIS clients, meeting certain eligibility requirements, will benefit from
having an on -site loss control survey conducted by one of our risk control
professionals. The purpose of these surveys is to evaluate your existing policies and
procedures to determine their effectiveness in controlling your organization's specific
exposures. If necessary, VFIS will then provide you with recommendations and resources
to enhance or support current practices.
• Professional Referrals - VFIS Risk Control Services has a nationwide network of resources
in many aspects of emergency services work. If we cannot assist you directly, we will be
happy to put you in contact with an agency or individual who can provide you with the
needed assistance.
VFIS proposal
Risk Management
The practice of risk management will allow your organization to identify and evaluate your
exposures to loss. To evaluate your exposures, you'll need to understand some basic risk
management principles:
I. Never risk more than you can afford to lose. If a given loss would cripple your
organization, then you need to transfer the risk to someone else.
2. Do not risk too much for too little return. For example, accepting a higher level of
deductible on your vehicle coverage may provide only marginal premium savings.
3. Know the odds. If the potential for a given loss is very remote, then you may be able to
address the exposure a different way than if the potential is more common.
In summary, you need to know how much money, time and equipment is at risk. Then determine
if you can afford to assume the risk of losses yourself or transfer them to someone else. Lastly,
know where frequent or serious losses are more likely to come from and address them
accordingly.
Once you understand this, there are four risk management methods you may employ:
I . Eliminate the exposure. Stopping the sale or distribution of alcoholic beverages in your
social hall is an easy way to eliminate your liquor law liability exposure.
2. Assume the risk yourself. Insurance deductibles are an example of assuming risk. If you
don't believe you will have a frequency of losses or if your organization has enough
financial resources, you may want to take on a larger deductible, such as $1,000 or $2,500
as opposed to a $250 deductible.
3. Reduce the exposure. When backing up, use a spotter whenever possible. This practice
does not eliminate the possibility of an accident, but it reduces the chances.
4. Transfer the risk. If an exposure cannot be reduced or eliminated and assuming it is too
risky, then transfer the exposure to a third party. Although insurance is the most common
method of transfer of risk, it is not the only method. Another commonly used method is a
hold harmless agreement or indemnification clause in a contract.
VFIS risk control professionals are always available to assist you with your risk control and risk
management needs.
VFIS Proposal
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PORTABLE EQUIPMENT
All causes of physical
loss unless excluded
Blanket Portable Equipment Coverage
Limit
Guaranteed Replacement Cost
Deductible
$250
If Portable Equipment coverage is provided on a blanket basis, coverage is provided for all
portable firefighting, ambulance and rescue related equipment owned or furnished for your
regular use. Note that boats over 100 horsepower are not covered under blanket; they must be
scheduled.
Scheduled Portable Equipment Coverage
* * * Coverage Not Requested"*
VFIS proposal 8
Fellow Member Liability
Incidental Garage Liability
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Physical Damage Collision
Agreed
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VFIS Proposal 9
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Year
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2006
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Agreed
Value
$159,326
$120,195
$302,550
$118,995
$311,780
$150,191
$319,665
$227,701
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$500
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$424
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$500
$5 92 , 672
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VFIS Proposal 1,1
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MANAGEMENT LIABILITY
Coverage Highlights
Management Liability coverage protects you against claims for monetary damages arising out of-
Employ in ent-rela ted practices, such as wrongful termination, failure to promote or
sexual harassment.
• Errors in the administration or employee benefit plans, such as Accident and Sickness
coverage, Group Life or Workers' Compensation.
• Other wrongrul acts not specifically excluded.
Example: A taxpayer group brings suit against their f redistrict and its
commissioners, alleging the improper`; spending of public funds. ; They argue
that the commissioners have wasted their tax money by purchasing a state-Of-
the-art aerial AeVice,for $750,000 even though there are no structures in the
district more than two stories`tall. This coverage would provide you and your
commissioners with the cost of your legal defense, and pay an award up to the
limit ofliability.
Example: Bids are solicited from outside contractors to build anew ambulance
garage. The lowest bid is not accepted, even though it was made by a fully
qualified contractor of goodreputation. The contractor sues the ambulance
district arguing"" his bid was rejected for'no good reasomand alleging
favoritism in the awarding of the contracts. This coverage would provide you
with'the cost of your le Ed defense, and a an award up to the limit ofliAbility.
VFIS Proposal lij :
MANAGEMENT LIABILITY
Coverage Highlights
The following apply unless noted otherwise in this proposal:
Defense Expense for A plaintiff may sue your organization not for money but to require
Injunctive Relief action of some type. They're seeking injunctive relief, they want
your organization to do something or to stop doing something.
This automatic coverage will reimburse your organization up to
$50,000 for reasonable legal fees incurred in your defense.
Example: A resident seeks an injunction to stop the fire
department's installation of a siren directly behind her
house.
Outside Directorship Automatically covers your volunteers or employees who choose
Liability to serve on the board of directors of an outside organization as
long as that organization:
• is not - for - profit, and
• is related to the emergency services.
• Coverage is excess of any insurance.
Volunteers and • Covers all volunteers (whether or not they are members of your
Employees as Insureds organization) and employees while acting on behalf of your
organization.
• Other insureds include your officers, directors, commissioners or
trustees.
• Also included is your medical director (if any).
• VFIS coverage is primary for all of the above insureds, not
excess of any personal insurance that may apply.
Estates, Heirs, and Included as insureds.
Legal Representatives
Spousal Liability Included, but only for acts within the course and scope of your
operations.
Unlimited Defense The cost to defend you against covered claims is the
Costs responsibility of the company and will not erode your liability
limits.
Fair Labor Standards Limit of $100,000 each claim incurred provided for the defense
Act Suit Defense of any claim for violation of the Fair Labor Standards Act.
Coverage
VFIS Proposal 14
Coverage Highlights
Blanket Additional • Automatically covers any person or organization that may be
Insureds liable for your employment practices, your administration of
employee benefit plans or other wrongful acts, but only to the
extent of that liability.
Unintentional Release Limit of $100,000 provided for the payment of fines and
of HIPAA Information penalties assessed upon the insured for HIPAA violations.
Expanded Aggregate The Aggregate Limit shown in the schedule applies separately to
Limit each named insured (unless you have selected a $10,000,000
aggregate limit).
VFIS Proposal 115
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PREMIUM SUMMARY
THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS (FL) C01239
Premium
Property......... ....... ..... ....... Not Requested
Crime............. ............................... Not Requested
Portable Equipment ............................. $5,816
Auto............... ............................... $69,203
General Liability.. Not Requested
Management Liability ........................... Not Requested
Excess Liability .. ............................... Not Requested
Total Estimated Annual Premium, ............ $75,019
(excludes state- imposed taxes, . surcharges and fees.)
Total Estimated State - Imposed Taxes,
Surcharges and Fees ............................ $5.82
VFIS Proposal 17
THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS (FL) C01239
Coverage
Effective/
Accept
Decline
Premium
Expiration Dates
Initial to accept
Initial to decline
Quoted
coverage
coverage
Property
Crime
Portable Equipment
Auto
General Liability
$ ,
Management Liability
$
Excess Liability
Total
Payment Plans Installment Option [ ] Scmi-Annual ($2,500 account minimum)
(no installment fee) [ ] Quarterly ($3,500 account minimum)
[ ] Ten Pay ($10,000 account minimum and 2590 down payment)
Sipawc or Insurance Reptesentam c Dame
Agency Name/Address
ProduceVScr% ice Rep
Before you return this form, you must:
I. Pro% ide the INSURED'S Federal IW<
2. Identify all mortgagees, loss payees and (for Auto only) additional insureds. lessors (provide addres,).
3, Choose $1,000,000 underlying limits when there is Excess Liability.
This is not a hinder, our should it be itsed as one. This farm is solely for the purpose qf ardering properfj and casualty
hisurance coverages for which VFIS has provided a valid t1note.
I
fil'U51 .15 1
Any person who knowingly and vvilh intent to defraud any insurance company or another person files an application for insurance
or statement of claim containing any materially false information, or conceals for th-- purpose of misleading, information
concerning any fact material thereto, commits a fraudulent act, which is a crime and may subject the person to criminal and civil
penalties.
S�gmiiuje orInsuird Dale
CommentslNotes:
VFIS Proposal 18
Alabama Fraud Warning
Any person who knowingly presents a false or fraudulent claim
for payment of a loss or benefit or who knowingly presents false
information in an application for insurance is guilty of a crime
and may be subject to restitution fines or confinement in prison,
or any combination thereof.
Arkansas Fraud Warning
Any person who knowingly presents a false or fraudulent claim
for payment of a loss or benefit or knowingly presents false
information on an application for insurance is guilty or a crime
and may be subject to lines and confinement in prison.
Colorado Fraud 11"arning
Delaware Fraud Warning
Kansas Fraud Warnin Y
Kentucky Fraud Warnin
Maine FEIM42YEEgiM
It is a crime to knowingly provide false, incomplete or
misleading information to an insurance company for the
purpose of defrauding the company. Penalties may include
imprisonment, fines or a denial of insurance benefits.
Marviand Fraud Warning
Any person who knowingly or willfully presents a false or
fraudulent claim for payment or a loss or benefit or who
knowingly or willfully presents false information in an
application for insurance is guilty of a crime and may be
subject to fines and confinement in prison.
New Hampshire Statement of Residence'
Nny Jersey FXyMd Warnin
Any person who includes an) false or misleading
information on an application for an insurance policy is
subjccl to criminal and civil penalties.
New Mexico
Any person who knee ingly presents a false or rraudulcm
claim for payment of a loss or benefit or knowingly
presents false information in an application for insurance is
guilty of a crime and may be subject to civil fines and
criminal penalties.
VFIS Proposal 19
few York fraud Warning
I I I t
Any person who, with intent to defraud or knowing that he is
facilitating a Fraud against an insurer, submits an application
or files a claim containing a false or deceptive 9tatement is
guilty of insurance fraud.
WMMMMMM
WARNING: Any person who knowingly, and with intent to
injure, defraud or deceive any insurer, makes any claim for the
proceeds or an insurance policy containing any false,
incomplete or misleading information is guilt) of a felony.
L! �TMM
Any person who knowingly and N%ith intent to defraud or
solicit another to defraud an insurer: (1) by submitting an
application, or (2) by Filing a claim containing a false
statement as to any material fact, may be violating state la%%.
Ilennm-1vania Fraud %Varniing
Rhode Island Fraud `1`arnin�
Any person who knowingly presents a false or fraudulent
claim for payment or a loss or benefit or knowingly presents
False information in an application for insurance is guilty of a
crime and may be subject to fines and confinement in prison.
Tennessee Fraud lVarning
It is a crime to knowingly provide raise, incomplete or
misleading inrormation to an insurance compan for the
11
purpose or defrauding the company. Penalties include
imprisonment, Fines and denial of insurance benefits.
Vermont Fraud lVarning
I I Ito wal I [%ME Evil 014 1"111 [ 111 tool No
Virginia Fraud %Varnin
It is a crime to knowingly provide raise, incomplete or
misleading information to an insurance company for the
purpose of defrauding the company. Penalties include
imprisonment, fines, and denial or insurance benefits,
Washington Fraud %Varning
11 is a crime to knowingly provide false, incomplete, or
- nisleading information to an insurance compan) for the
purpose of defrauding the company. Penalties include
imprisonment, Fines, and denial of insurance benefits.
West Virginia Fraud NVariiinj.
Any person who knowingly presents a false or fraudulent
claim for payment of a loss or benefit or knowingly presents
false information in an application for insurance is guilty of a
crime and may be subject to fines and confinement in prison,
■
VFIS Proposal 20
MCC Sec. 2- 347(e)(5)
The competitive bidding procedures are not required to apply to the following:
a. Professional service covered by the Consultants' Competitive Negotiation Act
(F.S. § 287.055). Other professional services may be exempted by the BOCC from
the competitive bidding process when price is only a minor concern compared to
qualitative considerations;
b. All purchases of services controlled by the public service commission or
other governmental authority including but not limited to utility /local telephone
services as defined in section 2 -345
c. Cellular telephone services; on -going payments and fees for maintenance and
support of existing software technology which has been purchased in accordance
with existing procurement requirements; software packages for personal computers
approved by the county's technical services department;
d. Legal services, lobbying services, interpreter services, court reporter services,
and advertising services;
e. Change orders authorized under a lawfully executed county /contractor
contract; and
f. All solid waste services including but not limited to collection franchise
agreements and operations and maintenance agreements.
g. All builder's risk insurance policies; or policies whicb due to the terms and
conditions required by the county are exclusive in the market and thus not
benefitted by the competitive biddine arocedures.
kTORWITM
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FLORIDA CONSENT-TO-RATE/EXCESS RATE APPLICATION
Name of Insured: The Monroe County Board of County Commissioners
Address: 1111 12 1h Street, 4" Floor
Key West, FL 33040 -1026
Policy Number: VfIS-CM- 1055309 -11 _
Period of Coverage: IQZ1 /2018- 10/1/2019
Kind of Insurance & Hazards To Be Insured. Auto Physical Damage
Limits or Amount of Insurance: $500 Camp ded/$500 Coll ded
Filed Rate:
Excess Rate:
Reason For Excess Rate: Our filed rating plans do not develop adequate premium for
this risk. We are willing to insure your fleet at the premium shown below.
Premium $69.203 which is 221% o f the usual premium developed at rates filed
with the Division /Department of Insurance.
The undersigned hereby certifies that he/she has been unable to obtain insurance against the
hazard(s) noted above for the reasons cited. In consideration, American Alternative Insurance
Corporation has agreed to issue to him /her their policy covering the hazard(s) mentioned, at the
premium noted above. The undersigned hereby requests issuance of said policy, and accepts
such at the higher rate,
Applicant's Signature
Date
Edition 0,
MCC Sec. 2- 347(e)(5)
The competitive bidding procedures are not required to apply to the following:
a. Professional service covered by the Consultants' Competitive Negotiation Act
(F.S. § 287.055). Other professional services may be exempted by the BOCC from
the competitive bidding process when price is only a minor concern compared to
qualitative considerations;
b. All purchases of services controlled by the public service commission or
other governmental authority including but not limited to utility /local telephone
services as defined in section 2 -346
c. Cellular telephone services; on -going payments and fees for maintenance and
support of existing software technology which has been purchased in accordance
with existing procurement requirements; software packages for personal computers
approved by the county's technical services department;
d. Legal services, lobbying services, interpreter services, court reporter services,
and advertising services;
e. Change orders authorized under a lawfully executed county /contractor
contract; and
f. All solid waste services including but not limited to collection franchise
agreements and operations and maintenance agreements.
g. All builder's risk insurance policies; or policies which_ due to the terms and
conditions reauired by the county are exclusive in the market and thus not
benefitted by the competitive bidding ,procedures,_
Assumnce that federally iun contracts c omply ; e
; � ' therein-
Assurance to cooperate on u: 4