Item O04 0.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: 0.4
Agenda Item Summary #5363
BULK ITEM: Yes DEPARTMENT: Risk Management
TIME APPROXIMATE: STAFF CONTACT: Maria Slavik(305) 295-3178
N/A
AGENDA ITEM WORDING: Approval to accept bid proposal from Goodman-Gable Gould
Company d/b/a Adjusters International to provide Insurance Adjusting Claim Services. The services
of the Contractor will be used as a retainer agreement following catastrophic events resulting in
significant damage, such as hurricanes.
ITEM BACKGROUND: This contract will serve as a retainer agreement and the County will use
the services of the contractor following catastrophic events resulting in significant damage, such as
hurricanes. Minor/incidental events are handled internally by staff and assistance of adjusting firm
is not required. The firm's fee is based on a percentage of the insurance claims' gross amount
adjusted or otherwise recovered. If there are no claims (i.e. no hurricanes/major disasters assigned
by Monroe County to the Contractor), there is no fee paid to the Contractor.
PREVIOUS RELEVANT BOCC ACTION: Staff went out for RFP on January 23, 2019, and
only one proposal was received(from the incumbent) and is being recommended. The current
contract with Goodman Gable-Gould/Adjusters International expires May 31. 2019.
CONTRACT/AGREEMENT CHANGES:
Goodman-Gable Gould is proposing a pricing structure that complies with Florida Statute
626.854(11)(b)which limits the amount the Public Adjuster may charge for their services ranging
from 7% to 20% of the insurance claim paid by the insurer.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Interisk Recommendation Letter G-G-G
GGG Contract Revised (executed sig page inserted 4/3/19)
FINANCIAL IMPACT:
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Effective Date: 6/1/19
Expiration Date: 5/31/2023
Total Dollar Value of Contract: Based on Recoveries
Total Cost to County: Based on Recoveries
Current Year Portion:
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 If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details:
REVIEWED BY:
Cynthia Hall Completed 04/02/2019 5:09 PM
Bob Shillinger Completed 04/02/2019 5:11 PM
Budget and Finance Completed 04/02/2019 5:12 PM
Kathy Peters Completed 04/02/2019 5:13 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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I NTERISK CORPORATION
Consultants 1111 North Westshore Boulevard
Suite 208
Risk Management Tampa, FL 33607-4711
Employee Benefits Phone(813)287-1040
Facsimile (813)287-1041
March 19,2019
Ms.Maria Slavik
Risk Management Specialist
Monroe County
502 Whitehead St.
Key West,Florida 33040
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Subject: Public Adjusters RFP .�
Dear Maria:
In mid-February the County issued a RFP for the County's Public Adjusters services. Proposals were
received until March 14,2019 when they were publically opened in accordance with the County's
Purchasing Protocols. The only proposal received was from Goodman-Gould/Adjusters International
(GGG/Al). GGG/AI has been providing the County's Public Adjusting services for a number of years and 0
it is believed that the County has been pleased with the services that have been provided.
Despite the fact that the County only received one proposal,GGG/AI submitted a proposal that is viewed
as being favorable for the following reasons. E
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1. GGG/AI has served as the County's Public Adjuster for a number of years,and the County has
been well pleased with their service.
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2. CGG/AI was formed in 1941 and has been providing Public Adjusting services since.
3. The lead adjuster for the County will be Mr.Pat Cuccaro who is extremely knowledgeable of the
County's operations and has adjusted a number of claims on behalf of the County to include
coordinating FEMA recoveries.
4. CGG/AI presented a sound and logical approach they will follow in adjusting the County's claims.
5. CGG/AI provided biographies on 6 adjusters that will be assigned to the County's account. All of
the assigned adjusters have extensive experience in the Public Adjusting field and 1 is a specialist
in coordinating FEMA claims.
6. CGG/AI proposed fees that are well within the maximum fees that Public Adjusters are permitted
to charge in accordance with Florida Statute § 626.854(10)(b). The Statute allows Public
Adjusting firms to charge 10%of the insurance recoveries as a fee if Florida's Governor declares a
State of Emergency. For claims that are not involved with a State of Emergency event Public
Adjusters can charge a fee amounting to 20%of the insurance recoveries. CGG/AI proposed the
following fees:
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a. Insurer payments ranging from$0 to$500,000 7%
b. Insurer payments ranging from$500,000 to$1,000,000 8.5%
c. Insurer payments in excess of$1,000,000 10%
It is recommended that Goodman-Gable-Gould/Adjusters International be awarded the County's Public
Adjusters contract.
Please give me a call if you have any questions or wish to discuss this issue in more detail.
Cordially,
INTERISK CORPORATION 2
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Sidney G.Webber
CPCU,ARM
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AGREEMENT BETWEEN MONROE COUNTY
AND
GOODMAN-GABLE GOULD COMPANY D/B/A
ADJUSTERS INTERNATIONAL
These contract documents should be used only after consultation with counsel. The
documents are not intended as legal advice appropriate to any specific situation, nor do they
purport to address all issues which may arise between the contracting parties. The documents
should be amended or supplemented where appropriate.
MONROE COUNTY
CONTRACT FOR
PUBLIC ADJUSTING CLAIM SERVICES
THIS AGREEMENT is made and entered into this day of , by MONROE g
COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1111 121h Street,
Suite 408, Key West, Florida 33040 and GOODMAN-GABLE-GOULD COMPANY A Maryland
Corporation doing business in the State of Florida as ADJUSTERS INTERNATIONAL ("Al"),
("CONTRACTOR"), whose address is 6767 North Wickham Road, Suite 501, Melbourne, FL 32940.
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:
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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.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
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Section 3. TERM OF AGREEMENT
3.1 The initial Agreement term will be for one (1) year beginning the 1 st day of June 2019 and
renewable at the County's option for three (3) additional consecutive one year terms.
3.2 Modification: If either party desires to modify this Agreement, if shall notify the other in the
at least thirty (30) days prior to the effective date of such modification or termination. In the
case of proposed modification, the party receiving the notification of the proposed modification
shall itself notify the other party within ten (10) days after receipt of notice of its agreement to
the proposed modification. Failure to do so shall terminate this Agreement.
Section 4. PAYMENT TO CONTRACTOR
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4.1 Compensation to the CONTRACTOR:
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Claims that result in recovering ranging from $0 to $500,000 from COUNTY'S insurers will
be billed at 7% of actual recovery.
• Claims that result in recoveries ranging from $500,000 to $1,000,000 from COUNTY's °2
insurers will be billed at 8.5% of actual recovery.
• Claims in excess of $1,000,000 from COUNTY's insurers will be billed at 10% of actual
recovery.
4.2 Payment will be made according to Florida Local Government Prompt Payment Act,
Section 218.70, Florida Statues. The Provider shall submit the invoice and supporting
Documentation acceptable to the Clerk to the County's Representative expressed in
Item #4 of this RFP. Acceptability to the Clerk is based on generally accepted accounting
Principles and such laws, rules and regulations as may govern the clerk's disbursal of
funds. The Risk Administrator shall review the request, note his/her approval on the
request and forward it to the Clerk for payment.
4.3 Continuation of this Agreement beyond the initial fiscal year is contingent upon annual
appropriation by the Board of County Commissioners.
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Section 5. CONTRACT TERMINATION
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5.1 Termination for Cause: Either party may terminate this Agreement because of the failure of the
other party to perform its obligations under the Agreement. In the event of such breach, the
party shall provide notice to the other party, and shall give the other party at least 30 business
days within which to cure the breach. If the breach is not cured within that time period, the
Agreement may be terminated for cause.
5.2 Termination for Convenience: The COUNTY may terminate this Agreement without cause upon
thirty (30) days notice to the CONTRACTOR. The COUNTY shall pay CONTRACTOR for work 0
performed through the date of termination.
Section 6. 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
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requirements suitable to perform this work and assumes full responsibility therefore. The
provisions of the Agreement shall control any inconsistent provisions 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. U)
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.
E. 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. T
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Section 7. 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:
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To the COUNTY: Risk Management Administrator
1111 121h Street, Suite 408
Key West, Florida 33040
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FOR Al: Pat Cuccaro
6767 North Wickham Road
Melbourne, FL 32940
Section 8. RECORDS
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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 0
access to such records of each other party to this Agreement for public records purposes during the
term of the agreement and for five years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay
the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running
from the date the monies were paid to CONTRACTOR.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR
is required to:
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(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County 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 this chapter or as
otherwise provided by law.
(3) 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
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duration of the contract term and following completion of the contract if the
CONTRACTOR does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the CONTRACTOR or keep and maintain public records that
would be required by the County to perform the service. If the CONTRACTOR transfers .2
all public records to the County 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 the County, upon request from the County's custodian of records,
in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the CONTRACTOR of the request, and the
CONTRACTOR must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the County's request for records, the County shall
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enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon violation
of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under section119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided by
law.
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,
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CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408,
KEY WEST, FL 33040.
Section 9. 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 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 10. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not
violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall
result in termination of this Agreement and recovery of all monies paid hereto, and may result in
debarment from County's competitive procurement activities.
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 a 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.
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Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to Agreements 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 12. 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
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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.
Section 13. ATTORNEYS 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 14. BINDING EFFECT
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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 15. 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 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
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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 no resolution
can be agreed upon within 30 days after the first meet and confer session, then any party shall have X
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. 0
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Section 17. 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 18. 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
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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 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.
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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 W
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 W
conspicuous places available to employees and applicants for employment.
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5. The contractor will comply with all provisions of Executive Order 11246 of
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September 24, 1965, and of the rules, regulations, and relevant orders of the CD
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Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 0
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.
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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.
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Section 19. COVENANT OF NO INTEREST
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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.
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Section 20. CODE OF ETHICS
The parties understand and agree that officers and employees of the COUNTY are required to
comply with the standards of conduct for public officers and employees as delineated in ,
Section 112.313, Florida Statutes, 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.
Section 21. 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 T
monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
Section 22. FEDERAL CLAUSES
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The County anticipates that some or all of the funds to pay for the services covered by this
Agreement may come from federal grant awards, as that term is defined in 2 CFR part 200.
Therefore, the following clauses are included in this Agreement:
22.1. Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) 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).
22.2. Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
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(see 2 CFR 180.220) must not be made to parties listed on the government wide 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.
22.3. 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. The certification is attached to
this Agreement as Exhibit B. 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 iF
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. The Contractor must submit Exhibit B to the County's Benefits office within 10 days
following execution of this Agreement by the County. W
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22.4. Americans with Disabilities Act of 1990 (ADA) — The CONTRACTOR will comply with all ,
the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
22.5. 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 U)
Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the Contract term.
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Section 23. 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 24. 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, 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.
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Section 25. 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 2
constitution, state statute, and case law.
Section 26. NON-RELIANCE BY NON-PARTIES
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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 T
community in general or for the purposes contemplated in this Agreement.
Section 27. 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 28. 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 29. EXECUTION IN COUNTERPARTS
A
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.
0
Section 30. SECTION HEADINGS
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 31. INSURANCE POLICIES
31.1 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,
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insurance as specified in any attached schedules, which are made part of this contract. 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 attached schedules; 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 r_
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 specified in the attached schedules. 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 T
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: U)
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
x
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor 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 all policies, except for Workers' Compensation.
31.2Insurance Requirements For Contract Between County And Contractor
(Note: amounts of coverage are subject to change in final contract)
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
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• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
U)
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.
T
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
general liability policies issued to satisfy the above requirements.
31.3 Vehicle Liability Insurance requirements
Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles Us
The minimum limits acceptable shall be:
x
$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 0
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
vehicle liability policies issued to satisfy the above requirements.
31.4Workers' 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.
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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
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.
U)
31.5 Professional Liability Requirements
U)
Recognizing that the work governed by this contract involves the furnishing of advise 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. T
The minimum limits of liability shall be:
$1,000,000 per occurrence/$2,000,000 Aggregate
Section 32. INDEMNIFICATION
U)
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, attorneys 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
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that may be pmvkled by the COUNTY r other publicsemi-public .
The CONTRACTOR agrees that no charges or claims r damages shall be made by it for any delays
r hindrances eMbutable to the COUNTY duft the program of any portion of the services specified to
this contract- Such delays r hindrances, l be compenzated for by the COUNTY by an
mdenslon of time r a reasonable period for the
CONTRACTORcomplete I , Such an agreementl be made between the .2
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed an the E
U)
°
(SEAL)
Attest: KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
T
DeputyBy by
Mayor/Chairman
SEAL) r)
By by
APPROVED AS TO FORM
MONROE COUNTY ATTORNEY'S OFFICE
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EXHIBIT A
SCOPE OF SERVICES
SPECIFICATIONS
The firm shall provide adjusting services on an as needed basis. The firm will evaluate damage to
County property and negotiate maximum settlements with its insurers following catastrophic
events resulting in significant damage. The following services will be expected of the
successful proposer: In addition, the firm will assist the County in coordinating requests for
Public Assistance from the Federal Emergency Management Agency (FEMA).
➢ Investigate and analyze all property damage associated with claims assigned to
the adjuster.
➢ Review all insurance policies and determine the recoveries available to the County
from each policy.
➢ Review pre-loss estimates that could affect recovery and recommend
modifications if necessary.
➢ Prepare a concise, well documented replacement cost estimate of buildings
and personal property damaged and determine the Actual Cash Value (ACV) if
applicable.
➢ Evaluate "code upgrade" coverages and costs, if applicable
➢ Negotiate interim and final settlements with the County insurers.
➢ Advise County management regarding the capture and development of
loss information (including direct damage, extra expenses, and loss of income).
➢ Coordinate and integrate all areas of the claim effort on behalf of the County.
➢ Assist in the coordination of advance payments with the County insurers.
➢ Coordinate all inspections and meetings with the County's insurers.
➢ Provide regular status reports.
➢ Review all claim data with County representatives prior to being submitted to the insurers.
➢ Conduct and/or participate in all settlement discussions with the County's insurers.
➢ Maintain all information obtained during the services provided to the County as confidential.
➢ Expedite and maximize all recoveries available to the County.
➢ Coordinate with the Federal Emergency Management Agency (FEMA) if required.
➢ Any and all services required to resolve County claims with its insurers.
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EXHIBIT B
Approved by OMB
0348-0046
Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure)
c
1. Type of Federal Action: 2. Status of Federal 3. Report Type:
Action:
a.contract X a.initial filing E
X b.grant X a.bid/offer/application b.material change U)
c.cooperative agreement b.initial award
U)
d.loan c.post-award For material change only:
e.loan guarantee Year quarter
f loan insurance Date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,
.0
X Prime Subawardee Enter Name and Address of Prime:
Tier if Known:
N/A
Monroe County Board of County Commissioners
1100 Simonton Street
Key West,FL 33040-3110
Congressional District, i known: FL26 Congressional District, i known: U)
6. Federal Department/Agency: 7. Federal Program Name/Description:
U.S.Department of Justice
Office of Justice Programs °U)
Bureau of Justice Assistance CFDA Number,ifapplicable: 16.738
8. Federal Action Number,if known: 9. Award Amount,if known:
x
BJA-2018-13626 $ 13,982
as
U)
10.a.Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
(if individual, last name,first name, MI): different from No. IOa)
(last name,first name, MI).-
N/A N/A
0
11. Information requested through this form is authorized by
title 31 U.S.C.section 1352. This disclosure of lobbying Signature:
activities is a material representation of fact upon which
reliance was placed by the tier above when this transaction Print Name:
was made or entered into.This disclosure is required
pursuant to 31 U.S.C.1352.This information will be reported
to the Congress semi-annually and will be available for public Title:
inspection.Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than Telephone No.: Date:
$10,000 and not more than$100,000 for each such failure.
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
E
U)
Prior to the 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: °2
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
U)
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized
self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may
be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial statements W
from the fund upon request from the County.
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
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 U)
and include, as a minimum:
U)
°
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability T
• Professional Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$50,000 Property Damage
X
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.
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
E
U)
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
T
• Owned, Non-Owned, and Hired Vehicles
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
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
A
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PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
E
U)
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.
T
The minimum limits of liability shall be:
$1,000,000 per occurrence/$2,000,000 aggregate
�s
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