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11/20/2018 Agreement
DATE: January 17, 2019 TO: Natalie Maddox Employee Benefits FROM: Pamela G. Hancock, D.C. th SUBJECT: November 20 BOCC Meeting Attached is an electronic copy of Item G33, Agreement with Gallagher Benefit Services, for your handling. Should you have any questions, please feel free to contact me at (305) 292-3550. Thank you. cc: County Attorney Finance File MONROE COUNTY CONTRACT FOR Employee Benefit Consulting Services THIS AGREEMENT ("Agreement") is made and entered into this 20Th day of November 2018, by MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Gallagher Benefit Services, Inc. ("CONTRACTOR"), whose address is 2255 Glades Rd., Suite 400 E, Boca Raton FL 33431 (collectively, the"Parties"). Section 1. SCOPE OF SERVICES 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 shall provide the scope of services in Exhibit A for COUNTY. 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,professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. • B. The 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 Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. 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 perform such services. As part of this Agreement, CONTRACTOR shall also do, perform and carry out the services described in its proposal dated September 6, 2018 ("Proposal") submitted in response to the Request for Proposals for Employee Benefit Consulting Services ("RFP") issued by Monroe County. The representations contained in that Proposal are incorporated in this Agreement as if fully set forth herein. Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR The CONTRACTOR must certify at least annually that all staff members, independent contractors, subcontracted work, if any, all service providers it uses, engages or manages, comply with Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules. The CONTRACTOR must provide a list annually, listing any contractual relationship between the CONTRACTOR and any persons or business entities that provide the following services for the County: third party administration and/or ASO; pharmacy 1 benefits manager; voluntary benefits including, but not limited to, life insurance, dental and/or vision coverage. The CONTRACTOR must provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under any contract with the County. The CONTRACTOR must assign specific individuals to the key positions. Once assigned to work under any contract with the County, key personnel shall not be moved or replaced without prior written notification to the County. Such notification shall be provided within three (3) business days of the change. The CONTRACTOR must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the County and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or subcontractor, working in its employ any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the County. The following persons will provide the services under this Agreement: Jeff Reagan, Area Senior Vice President - Consultant Don Titcomb, Area Senior Vice President—Consultant Glen Volk—Area Senior Vice President, Lead Consulting Actuary Barbara Crowe-Brewster, Area Senior Vice President— Public Sector Senior Advisor Paul Hebert, Area Senior Vice President, Client Service and Compliance Michelle Nathan Account Executive Kate Siano— Regional Wellbeing& Engagement Consultant TBD, Account Executive TBD, Client Manager Any change to the above-listed personnel requires notification to the County, in writing, within three (3) business days after implementation of the change. The firm and its employees who are responsible and accountable for the county's account and subcontractors, if any, must have all necessary current licenses issued by the Florida Department of Insurance for providing either consulting services or health benefits insurance. The firm's servicing office that would provide services to the County must have at least one (1) Marketing Account Executive and one (1) Customer Service Representative, each with a minimum of three (3) years of health insurance experience. Section 3. COUNTY'S RESPONSIBILITIES 3.1 Provide all best available information as to the COUNTY'S requirements for Employee Benefits Consulting Services. 3.2 Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning Employee Benefits Consulting Services. 3.3 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. 2 Section 4. TERM OF AGREEMENT 4.1 The initial contract term will be for five (5) years beginning January 1, 2019, renewable at the County's option for two (2) additional consecutive 1-year terms. Section 5. COMPENSATION The annual fee for benefit consulting services to CONTRACTOR (the"Contract Price")for each of Years 1-5 of this Agreement is as follows: One hundred seventy-five thousand dollars and no cents ($175,000.00). This fee is all inclusive. No additional costs or fees will be paid, including but not limited to travel costs, per diems, telephone charges, facsimile charges or postage charges. In the event that the Agreement is extended beyond Years 1-5, the annual Contract Price for benefit consulting services shall be: Two hundred thousand dollars and no cents ($200,000.00). The Contract Price is all inclusive. No additional costs or fees will be paid, including but not limited to travel costs, per diems, telephone charges, facsimile charges or postage charges. Section 6. PAYMENT TO CONTRACTOR 6.1 Payment will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit invoices to the appropriate offices marked Benefits Office. The respective office supervisor and the Director of Employee Services, who will review the request, note his/her approval on the request and forward it to the Clerk for payment. 6.2 Continuation of this Agreement is contingent upon annual appropriation by Monroe County Board of County Commissioners. 6.3 The annual compensation listed in Section 5 will be payable in monthly installments. The Contractor will submit each invoice monthly for services provided during the preceding month. Section 7. CONTRACT TERMINATION 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 thirty (30) days' notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 8. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he/she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions 3 contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall be interpreted 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 strict compliance with the terms of this Agreement, and specifications covering the services. D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility (ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 9. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Employee Services Director 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 To the CONTRACTOR: Jeff Reagan, Area Senior Vice President Gallagher Benefit Services, Inc. 2255 Glades Rd. Suite E200 Boca Raton, FL. 33431 Section 10. RECORDS CONTRACTOR shall maintain all 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 records of each other party to this Agreement for public records purposes during the term of the agreement and for four 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 monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its 4 behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or 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 may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 12. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 13. 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 made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or 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. Section 14. 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 CONTRACTOR 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. 5 Section 15. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR 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. 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. Section 16. BINDING EFFECT 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. Section 17. 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. Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR 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 the issue or issues are still not resolved to the satisfaction of the parties, 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. Section 19. 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 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 20. NONDISCRIMINATION During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or 6 recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7 Section 21. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, and Monroe County ordinances and policies 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. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of terms of this contract shall result in termination of this Agreement and recovery of all monies paid hereto, suspension of the ability to bid on and perform County contracts, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR 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 CONTRACTOR 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. Section 24. PUBLIC ACCESS 8 Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, bradley- brian@monroecounty-fl.gov, c/o Monroe County Attorney's Office, 1111 12th St., Suite 408, Key West FL 33040. Section 25. NON WAIVER OF IMMUNITY 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 to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 26. 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, 9 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. Section 27. 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. Section 28. 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 CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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. Section 29. ATTESTATIONS CONTRACTOR agrees to execute 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. Section 30. 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. Section 31. 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. Section 32. SECTION HEADINGS 10 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. Section 33. INSURANCE POLICIES 33.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified below. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the amounts listed below; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. Any cancelled or non-renewed policy will be replaced with no gap in coverage and a current Certificate of Insurance will be provided to the County. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as"Additional Insured"on general liability policy. 11 33.2 Insurance Requirements For Contract Between County And Contractor 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 • Bodily 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. 33.3 Vehicle Liability Insurance requirements The minimum limits acceptable shall be owner and non-owned and hired vehicles: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limit is: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage 33.4 Workers' Compensation Insurance Requirements Prior 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. 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 12 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. 33.5 Professional Liability Requirements 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: $250,000 per occurrence/$500,000 Aggregate Section 34. INDEMNIFICATION The CONTRACTOR does 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, attorney's fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents 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 CONTRACTOR agrees 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 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. The CONTRACTOR shall be 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 COUNTY as 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 COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in 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. 13 Section 35. FEDERAL CONTRACT PROVISIONS REQUIRED BY 2 CFR PART 200 ET SEQ. A. AUDIT OF RECORDS Contractor shall grant to the County, DEM, FEMA, the Federal Government, and any other duly authorized agencies of the Federal Government or the County where appropriate the right to inspect and review all books and records directly pertaining to the Contract resulting from this RFP for a period of five (5) years after final grant close-out by FEMA or DEM, or as required by applicable County, State and Federal law. Records shall be made available during normal working hours for this purpose. In the event that FEMA. DEM, or any other Federal or State agency, or the County, issues findings or rulings that the amounts charged by the Contractor, or any portions thereof, were ineligible or were non-allowable under federal or state Law or regulation, Contractor may appeal any such finding or ruling. If such appeal is unsuccessful, the Contractor shall agree that the amounts paid to the Contractor shall be adjusted accordingly, and that the Contractor shall, within 30 days thereafter, issue a remittance to the County of any payments declared to be ineligible or non-allowable. Contractor shall comply with federal and/or state laws authorizing an audit of Contractor's operation as a whole, or of specific Project activities. • Under no circumstances shall advertising or other communications with the media be presented in such a manner as to County or imply that the Contractor or the Contractor's services are endorsed by the County. B. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 1. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 2. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 14 3. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 4. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), 'Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 5. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 6. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 7. No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 8. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 15 IN-WITNES WHEREOF, the parties hereto have caused these presents to be executed Ccqd th' ° day of ftrv444.44s2011 . LI �.' (SEAL)- � BOARD OF COUNTY 1;, _ '\ � M1 g v \ }\ m COMMISSIONERS Atfest:ft', GEVIN MADOK, CLERK .,,4 ,O�E<-.,Ir^IION -E COUNTY, FLORIDA 4oa. • By by Deputy Clerk ayor/Chairman (CORPORATE SEAL) GALLAGHER BENEFITTSERVICE ATTEST: r Title: , Pff-s/J)WT /2 e/,Q/' MONROE COUNTY ATTORNEY'S OFFICE Approved as to form: `Digitally signed by Cynthia L Hall , ' 1 DM rn=Cynthia L Hall,o=Monroe cpQ • t• County ilde _ rnon e ounthao ._ ynthia BOCC,au, y emai- ll- it- d it ,., Date:2018.11.05 14:39:42-05'00' .. - -W - i-�-.'J e ( '[ E3 tt.: Ji C.'W.. va O II , E • 16 EXHIBIT A: SCOPE OF SERVICES A. Scope Consultant shall provide all personnel, materials, equipment, facilities and travel expenses for providing consulting services for the County's group benefit program for employees, dependents, and retirees. Services shall include analyzing the current group benefit program, providing alternatives and recommending cost savings to the County and covered members, advising of trends with providers, local public sector entities, group benefit programs, and legislative changes. The primary goals of the County group benefits program are to provide competitive benefits to employees and improve the long-term health of employees. The Consultant will assist the County in reaching these goals of maximizing benefits while containing cost through on-going review and analysis of plans and available options. The Consultant will also assist the County to efficiently operate and execute deliverables associated with providing Group Health Benefits. B. General Requirements 1. Consultant's account manager/consultant (hereinafter in this. Scope referred to as Consultant) shall assist the County with the annual or periodic evaluation and contract renewal process including negotiations with providers. 2. Consultant shall assist the County with requests for proposals including assisting in the preparation of specifications, providing technical expertise for the evaluation of proposals, and assisting with the transition and implementation of selected programs. 3. Consultant shall attend or be available to attend all staff, proposal evaluation and County Commission meetings regarding benefits providers during the solicitation and negotiation process, either in person or by telephone, at the election of the County. 4. Consultant shall assist with the planning anal implementation of new benefits plans. 5. Consultant shall provide other consulting services including employee benefit surveys, assisting with annual enrollment periods and providing written and oral presentations to County Commission, administration, boards, committees and unions. 6. The Consultant shall have a current insurance license issued by the Florida Department of Financial Services at all times during the term of the Agreement. 7. Consultant shall respond to inquiries from the County within twenty-four hours of contact to, acknowledge receipt of the inquiry and schedule time to discuss, respond to the issue/question, or determine if urgency exists for resolution. If the Consultant is not available, it is expected that another knowledgeable Consultant would be available to assist the County on any issues that arise. 8. Consultant's primary contact within the County shall be Employee Services Director, Employee Services Department. 9. Successful Proposer and/or Consultant shall not have any contractual obligations with the County contracted employee insurance providers that would present a conflict of interest and therefore preclude successful Proposer from providing services to the County. 10. Consultant shall keep the County informed of current trends, healthcare breakthroughs, issues, compliance requirements, legislative issues, training requirements or topics of interest related to employee benefits, health, and wellness through a monthly communication and/or report due on or before the tenth of each month. Consultant shall keep the County informed of changes in statutory and regulatory guidelines affecting health insurance and other benefits. The Consultant shall review pending legislation and trends in health insurance and other benefits and report to the County of any impact it may have on 17 existing or future benefits 11. Upon request by the County, Consultant shall, at its own expense, reproduce insurer benefits plan materials and deliver to the County for distribution. C. Plan Reviews 1. A minimum of three times per year, Consultant shall provide a medical insurance full benefits plan performance review, which shall include an analysis of current year as compared to the prior year and a projection of future performance. Review shall include, but is not limited to: claims, plan enrollment, large claim review, and other key information to evaluate plan effectiveness. Analysis shall include strategies for the up-coming Benefits Plan Year to control costs and to maintain plan effectiveness and market competitiveness. Upon request by the County, Consultant shall provide a limited benefit plan performance review for specific areas of concern in addition to the full benefit plan performance review. 2. Within ninety days after the end of each benefits plan year (calendar year), the Consultant will provide a formal report to the County of the preceding benefits plan year with details of each benefit plan and its performance that is bound and includes accurate data from the County's benefit plan providers. The report and review process shall be comprehensive in nature and include information pertinent to the County to evaluate all aspects of the benefits plans and identify areas in which change to plan structure could further enhance plan benefits in areas such as types of coverage, market competitiveness of plan, contributions structure, and trends. At the County's discretion, benefits plan providers may be invited to participate in the annual plan review and analysis process. 3. Upon request by the County, Consultant shall assist Employee Services Department in reviewing group benefits plan costs to include the preparation of routine group benefits plan management reports which identify and prepare a critical factors analysis to identify cost drivers; monitor the sufficiency of rates; review of benefits plan designs to determine the propriety of the benefits plan wording and to determine areas whereby the benefits plan designs might be adjusted to enhance the economy and efficiency of the respective benefit plan; and determine future strategies to control costs. These strategies may include medical and pharmacy plan design analysis that identifies the potential cost savings of increased deductibles, co-payments, co-insurance, out-of- pocket maximums and other plan structure changes. 4. During the renewal of benefits plans, or upon request as a comprehensive review, Consultant will provide the following services: a. Provide analysis of renewal of the current plan, reviewing past performance. b. Provide an analysis of all renewal alternative proposals from the current benefits plan provider. c. Review additional available cost saving plan alternatives and create funding options. d. Make a presentation of renewal alternatives to County representatives along with a recommendation and rationale. e. Assist with budget projections on future costs of benefit programs to include the determination of contribution structures for the County and for active employees, retirees and COBRA participants; assisting with plan/claim projections or forecasts for all health or wellness related costs; and plan and develop or create cost savings measures or recommendations necessary for future plan performance. 18 D. Budget Preparation 1. In conjunction with the fiscal year budget preparation process, the Consultant will assist County staff in budget planning for employee benefits for items such as determining contribution structures for the County for both its active and retired employees; assisting in plan/claim projections or forecasts for all health and wellness related costs; and developing/creating cost savings measures or recommendations necessary for future plan performance. Upon request by the County,. Consultant will be required to participate in County meetings with the Budget Team, Employee Services Director, and staff to justify cost projections or needs. 2. Each year during the budget preparation process, the Consultant shall provide to the County an estimate of the recommended funding levels for IBNR (incurred But Not Reported claims) reserves based on a formula that is consistent with industry standards. The estimate may also include options to funding levels. Consultant will provide data, information and recommendations to assist the County making decisions for the amount to include in the IBNR fund. 3. The Consultant shall assist the County in obtaining an actuary attestation for annual funding requirements and support for the County's annual filing required by Florida Statute 112.08. • Provide annual Actuarial report for Self-Insured Program in accordance with Florida Statute 112.08. • Provide annual imputed Income evaluation for Domestic Partners to determine the amount of the imputed income rates that employees and retirees who carry domestic partners or children of domestic partners are taxed on. • Provide complete Actuarial Valuation of Postemployment Benefit Plan every two years (next valuation due 2012)to determine the Plan's accrued liability and annual OPEB expense and document actuarial assumptions and plan provisions. Provide roll forward report for years in which a full valuation is not required providing disclosure amounts and assumptions. • Provide annual Medicare Part D Attestation report in conjunction with the application for Medicare Part D subsidy. The consultant shall confirm that the total value of benefits provided to Medicare Part D eligible Individuals under the County's plan is at least as generous as what they could have received under the standard Medicare Part D coverage. E. Evaluation of Current Plans and Review/Evaluate Plan Proposals At a minimum the Consultant shall provide the services detailed below during the first 45 days of the Agreement term. Additional reporting or analysis that the Consultant deems necessary and will benefit the County in making a sound financial decision regarding their plan programs may also be proposed. 1. Perform an analysis of the County's current group benefits plans to become familiar with history of the County and its claims trends. This analysis shall include group health, vision, dental, life insurances, EAP program and AD&D coverage. Included in this analysis, Consultant shall review each existing insurance Summary Plan Description, binder, certificate or other insuring documents and all endorsements affecting coverage and/or price, to ensure they are complete, correct and in compliance with all applicable laws and regulations. 2. Assist the Employee Services Department in developing a benefit vs. cost factor analysis to evaluate its self-funded health insurance plan. Any additional staffing resources required to assist Consultant in conducting this analysis must have a minimum of two years 19 of experience in evaluating third party administrative services and making recommendations for improvements. 3. Consultant shall assist the County in the development of the final agreement with the insurance carrier(s) or third party administrators and County during the negotiations process. F. Open Enrollment Services On an annual basis as part of the plan enrollment process, Consultant shall provide the following services: 1. Coordinate the County employee open enrollment with the benefits plan providers following finalization of negotiations with the providers for the upcoming plan year. 2. Assist the County with employee education regarding benefits plans, communicating benefit plan changes, and with the electronic benefits open enrollment processes. 3. Draft an Annual Employee Benefit Guide (Guide) and submit to the County for review and approval no later than thirty (30) days prior to the first day of annual benefits open enrollment. 4. Upon completion of County review, finalizing and publishing the Guide. Consultant shall provide the County Employee Services Department with an electronic copy of the Guide and up to 1,400 printed paper copies, with exact number to be determined by the County. 5. Participate in the County's annual benefits plan open enrollment meetings and attend up to fifteen, sixty-minute informational sessions for employees and retirees on different days and times during the open enrollment period. The County reserves the right to video one or more of these informational sessions for future use or placement on the County Intranet. Consultant will be responsible for the agenda, handouts, and power-point presentation for the informational sessions and must be prepared to answer questions and explain the benefits plans and options to attendees. Consultant will be available for three (3) workdays throughout Monroe County to participate in open forum 'drop-in' style informational and enrollment support sessions. G. On-Going Services At the start of each benefits plan year, the County will provide a schedule for the provision of on-going services and the deadlines from completion. Consultant will provide the following on-going services: 1. Manage the supplier negotiations for renewal of benefit plan agreements in close coordination with the County's Employee Benefits staff. 2. Review, verify, and provide analytical recommendations to ensure due diligence on financial proposals and projections for benefit plan agreement renewals. 3. Review of benefits provider agreements with the County Attorney's Office and Employee Services Department for acceptance and approval. 4. Assist in preparation of documentation for presentation to County Commission regarding the benefits plan agreements. 5. Provide recommendations to County for consideration regarding benefits plans for contributions. 6. Review plans and amendments to ensure they are compliant with State and federal laws and meet the County's requirements. The Consultant shall work with benefits plan providers to correct any compliance or requirements deficiencies prior to sending the 20 amendments to the County for review. Consultant shall complete modifications prior to the beginning of the benefits plan year and forward to the County for review. Final approval of such amendments is at the sole discretion of the County. The Consultant shall guarantee all agreements and amendments are complete and finalized. 7. Review employee benefit communications materials developed by the County, and/or its benefits plan providers to ensure such communications accurately reflect the terms of the benefits plans. Final approval of such documents is at the sole discretion of the County. 8. Inform the County of current issues in the area of benefits law and administration Including, but not limited to, advice regarding HIPAA, COBRA, Medicare, Affordable Care Act HealthCare Reform and other similar state and federal laws that govern group insurance programs. 9. Utilize its company staff and/or sub-consultants, including a licensed actuary with at least ten years of experience with public sector clients and/or employee benefit legal counsel, to assist with interpretation of law and administration at no additional cost to the County. 10.Act as a liaison between the County and insurance benefit providers. Consultant must have access to a large number of carriers (especially the major carriers). 11.Assist the County's Employee Services Department with the dispute, change and/or reconciliation of benefits provider's billing and other performance issues. 12. Upon request by the County assist with other agreed upon special services. 13.Any additional reporting or analysis that Consultant deems will benefit the County in making decisions regarding benefits plans. H. Actuarial Evaluation 1. Upon request by the County, successful Proposer will assist the County in actuarial evaluation and work closely with the Employee Services Department and Finance department with filing the County's annual GASB 75. I. Other Services 1. Wellness Program. The current Program is focused on changing employee behaviors to improve their lifestyle and reduce health risks. The Consultant will assist the County with enhancing its Wellness Program. The expectation is that the benefits under the Wellness Program will continue to expand and gain momentum. As such, the Consultant shall assist the County in reviewing the effectiveness of the Program, establishing recommendations for future components and assisting in overall Program management. The Consultant shall assist the County in implementation of a strategic wellness plan annually and attend any Wellness Committee planning meetings. Consultant shall make recommendations for the County's Wellness Program and assist with the marketing strategy and implementation planning for the Program. 2. Strategic Planning and Goal Setting. The Consultant will assist the County with its benefits and wellness initiatives and plans that focus on the business aspects of fiscal responsibility. 21 Acc.R DATE(MM/DD/YYYY)?J CERTIFICATE OF LIABILITY INSURANCE 1/8/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Direct All Inquiries to Email Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX 300 S. Riverside Plaza, Suite 1500 (A/C,No,Ext): _ (A/C,No): Chicago IL 60606 ADDRESS: Chi Certificates@ajg.com INSURER(S)AFFORDING COVERAGE _ NAIC# INSURERA:Arch Insurance Company 11150 INSURED ARTHJGA113 INSURER B:ACE Property&Casualty Insurance Co 20699 Gallagher Benefit Services, Inc.2255 Glades Road Suite 200E INSURER :Arch Indemnity Insurance Company 30830 Boca Raton, FL 33431 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:525185689 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/Y LIMITS LTR INSD WVD POLICY NUMBER (MM/DDYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y 41GPP4938411 10/1/2018 10/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE X OCCUR PREMISESO(Ea occu RENTED- CLAIMS-MADE $1,000,000 MED EXP(Any one person) $10,000 • PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY JECT PRO X LOC PRODUCTS-COMP/OP AGG $3,000,000 • OTHER: $ A • AUTOMOBILE LIABILITY 41CAB4938311(AOS) 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT $3,000,000 A 41CAB4939011(MA) 10/1/2018 10/1/2019 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS x HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR XOO G46820149 002 10/1/2018 10/1/2019 EACH OCCURRENCE S 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION S 75 non S A WORKERS COMPENSATION 41 WCI4938111(AOS) 10/1/2018 10/1/2019 X PER OTH- C AND EMPLOYERS'LIABILITY YIN 44WCI0501911(NY,TX,CA,KY, 10/1/2018 10/1/2019 STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N MO) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability: General Aggregate Per Location Subject to$10 Mil Policy aggregate. Monroe County Board of County Commissioners is Additional Insured on the General Liability policy per form 00 G 0596 00 04 10 attached as required by written contract pursuant to and subject to the policy's terms,definitions,conditions and exclusiol,pR E S EMENT BY DATE s w) OfiaOlYVNEI WAIVER NA _ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Natalie Maddox • 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQOUR LIABILITY FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person or organization who is required under a written contract with you to be included as an insured under this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. All other terms and conditions of this policy remain unchanged. • Endorsement Number: Policy Number: 41GPP4938411 Named Insured:ARTHUR J GALLAGHER &COMPANY This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 10/1/2018 00 GL0596 00 04 10 Page 1 of 1 • A 9 o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YWY) 1/16/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX . 300 S. Riverside Plaza, Suite 1500 _(A/C No,Ext): _ (A/C,No):312-803-7443 Chicago IL 60606 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Lexington Insurance Company 19437 INSURED ARTHJGA113 INSURER B:XL Specialty Insurance Company 37885 Arthur J. Gallagher&Co. and its Subsidiaries 2850 West Golf Road INSURER C: Rolling Meadows, IL 60008 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1958551975 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ • WORKERS COMPENSATION - PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Errors&Omissions 018241488 9/1/2018 9/1/2019 Per Claim/Aggregate $17,000,000 B Excess Errors&Omissions ELU15731218 9/1/2018 9/1/2019 Per Claim/Aggregate 813,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached if more space is required) APPR V.D ' I *GEMENT BY itit , " DATE • �i�nC:► WAIVER /A E _ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Natalie Maddox 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD MONROE COUNTY,FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract: Contractor: Gallagher Benefit Services,Inc. Contract for_ Employee Benefits Consulting Services Address of Contractor 2255 Glades Road,Suite 200E,Boca Raton,FL 33431 Phone: (561) 995-6706 Scope of Work: Employee Benefits Consulting Reason for Waiver. Gallagher does not name clients as Additional Insureds on our Vehicle Liability policy. All clients are covered by the policy Policies Waiver without being specifically named as art dditional Insured. will apply to: �� Vehicle Liability�polic.y__ , Signature of Contractor. APP a$ <N Not Approved Risk Management Le, Date: 1,4 County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: BIDDER SIGNATURE 42