2. 08/15/2001 to 08/14/2002
Clerk 01 De
Circuh coon
Danny L. Kolhage
Office (305) 292-3550 Fax (305) 295.3615
Memnrandum
To:
Sheila Barker, Director-
Division of Administrative Services
From:
Isabel C. DeSantis, fl( 11 C\ .
Deputy Clerk '-J . c . D
Date:
Thursday, September 20, 2001
At the BOCC meeting on August 15, 2001, the Board granted approval to award bid
and authorized execution of a Risk Management, Ernployee Benefits & Workers
Compensation Consulting Agreement between Monroe County and Interisk Corporation.
Attached is a fully-executed duplicate original of the subject document for your
handling.
Should you have any questions concerning the above, please do not hesitate to
contact this otrice.
cc: County Attorney
Finance
,jile
RISK MANAGEMENT. EMPLOYEE BENEFITS & WORKERS
COMPENSATION CONSULTING AGREEMENT
.,."
THIS AGREEMENT made this & day of AVJusl-, 2001, by and
between Interisk Corporation (hereinafter referred to as "CONSULTANT") and
the Monroe County Board of County Commissioners (hereinafter referred to as
("County").
WHEREAS, CONSULTANT represents that it is in the business of
providing professional consulting services to local governments in the area of
risk management, employee benefits and workers compensation.
WHEREAS, CONSULTANT represents that the CONSULTANT officer or
representative executing this agreement is authorized to execute same on behalf
of CONSULTANT; and
WHEREAS, the County officer or representative executing this agreement
is authorized to execute same on behalf of the County;
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants and promises contained herein, the COUNTY and the CONSULTANT
(sometimes collectively called ("parties") agree as follows:
1. SCOPE OF WORK.
SCOPE - The scope of services to be provided on an as needed basis by
the Consultant may include, but is not limited to , the following:
related
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Analysis of Employee Benefit Programs
Rebidding of Group Medical, Life, Accidental Death &
Dismemberment, Vision, Dental, Employee Assistance Plans,
Section 125 Plans, Deferred Compensation Plans and other
programs.
Employee Benefit Plan Design Development
Employee Benefit Claim Audits
Evaluation of Deferred Compensation Mechanisms
Analysis of Property and Casualty Exposures S c
Rebidding of Property and Casualty Insurance programs ~C")~
Retention Level Analysis 1"'1~-<
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Self-Insured Fund Analysis g~'
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Self-Insured Fund Audits -I. ~
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aim Handling Procedure Manuals :,,:-1;;
Setting Minimum Insurance Requirements ~ ~
Evaluating Agent/Broker Capabilities and Effectiveness .
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Evaluating Risk Management Policies & Procedures
Developing Loss Control, Safety and Insurance Manuals
Assistance in Developing and Coordinating Disaster Plans
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Other Risk Management, Employee Benefits and Workers Compensation
matters as directed by the County.
1. PAYMENT. In consideration for the CONSULTANT providing said
professional services as outlined in the "Scope of Work", the COUNTY shall pay
the hourly rate as specified in Attached form "Fee Schedule Attachment A".
Attachment A is incorporated and made a part of this agreement. The payments
shall be made within thirty (30) days after the CONSULTANT'S submission of
monthly detailed invoices indicating number of hours by project and by type of
program.
3. LATE DELIVERY OR INABILITY TO PERFORM. In the event that
CONSULTANT encounters difficulty in meeting performance requirements,
CONSULTANT shall immediately notify the Administrative Services Director, in
writing, of said difficulty and the reasons therefore.
4. SEVERABILITY. If any provision of the agreement shall be held by a
court of competent jurisdiction to be invalid or unenforceable, the remainder of
this agreement or the application of such provision other than those as to which
it is invalid or unenforceable, shall not be effected thereby; and each provision of
the agreement shall be valid and enforceable to the fullest extent permitted by
law.
5. NOTICE. Any notice required or permitted under this agreement shall be
in writing and hand delivered or mailed, postage prepaid by certified mail, return
receipt requested, to the other party as follows:
TO CONSULTANT:
Director of Administrative Services
Public Service Building
5100 College Road,
Stock Island
Key West, FL 33040
(305) 292-4537
Lawton Swan III, President
Interisk Corporation
111 N. Westshore Blvd.
Suite 208
Tampa, FL 33607
(813) 287-1040
6. CONSENT TO JURISDICTION. This agreement, it's performance and all
disputes arising hereunder, shall be governed by the laws of the State of Florida
and both parties agree that the proper venue for any action shall be Monroe
County.
7. COMPLIANCE WITH LAW. CONSUL TANT shall comply with all federal,
state and local laws, ordinances, regulations and rules applicable to the services
to be performed by each party under the terms of this agreement.
CONSULTANT shall maintain such licensure as is required by F .S. 626 to carry
out the services in this agreement.
8. TERMINATION FOR CAUSE OR LACK OF FUNDS NON-WAIVER.
A. In the event that funds from COUNTY cannot be continued at a level
of sufficient to allow for the purchases of services specified herein, this
agreement may be terminated upon giving written notice of thirty (30) days to
CONSULTANT delivered in person or by mail to CONSULTANT.
B. County shall not be obligated to pay for any services provided by
CONSULTANT after the effective date of termination.
9. ANTI - DISCRIMINATION. CONSULTANT will not discriminate against
any person on the basis of race, creed, color, religion, sex, age, national origin,
or any other characteristic which is not job-related in its recruiting, hiring,
promoting, terminating or any other area affecting employment under this
agreement. CONSULTANT agrees to include this paragraph in all contracts it
enters into with other persons or entitles and to abide by federal and state laws
regarding non-discrimination, including but not limited to, Executive Order
11246, Executive Order 11375 and US Department of Labor Regulations.
10. PUBLIC ENTITY CRIME STATEMENT. "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 contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, May not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, sub-contractor or consultant under a contract with any
public entity and may not transact any business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
11. LOBBYING. CONSULTANT warrants that he has not employed, retained
or otherwise acted on his behalf any former COUNTY officer subject to the
prohibition in Sec. 2 of Ordinance NO. 10-1990 or any COUNTY officer or
employee in violation of Sec. 3 of 10-1990, and that no employee or officer of
the COUNTY has any interest, financially or otherwise, in CONSULTANT except
for such interests, permissible by law and fully disclosed by affidavit attached
hereto. For breach or violation of this paragraph, the COUNTY may, in its
discretion, terminate this agreement without liability and may also, in its
discretion, deduct from the contract 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.
12. INDEPENDENT CONTRACTOR. At all times and for all purposes
hereunder, CONSULTANT is an independent contractor and not an employee of
the COUNTY.
13. NO CONFLICT OF INTEREST. The CONSULTANT assures the
COUNTY, that to the best of his knowledge, information and belief, the signing
of this agreement does not create conflict of interest and that during the time of
this agreement CONSULTANT will not undertake representation of any parties
to or before COUNTY seeking to obtain contracts or other benefits from
COUNTY.
14. OWNERSHIP OF DOCUMENTS. All documents which are prepared in
the performance of this agreement are to be and shall remain, the property of
the COUNTY and shall be delivered to the Risk Manager at any time upon
request and no later than thirty (30) days after termination of this agreement.
15. INDEMNIFICATION. The CONSULTANT covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners
from any and all claims for bodily injury (including death), personal injury and
property damage (including property owned by Monroe County) and any other
losses, damages and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Consultant or any of its
sub-contractor(s) in any tier, occasioned by the negligence, errors or other
wrongful act or omission of the Consultant or its sub-contractors in any tier, their
employees or agents.
In the event the completion of the project (to include the work of others) is
delayed or suspended as a result of the Consultant's failure to purchase or
maintain the required insurance, the Consultant shall indemnify the County from
any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Consultant is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced or lessened by the
insurance requirements contained elsewhere within this agreement.
16. INSURANCE. CONSULTANT is required to maintain the types an limits
of insurance identified in Attachment "B".
17. MODIFICATION. No modification or amendment of this agreement shall
become effective until approved in writing by both parties.
1 B. TIME OF PERFORMANCE AND CANCELLATION. The term of this
agreement shall begin with the date of its execution by COUNTY and shall
terminate in one year. This agreement may be extended for a maximum of two
(2) additional years. In the event the COUNTY shall seek to terminate this
agreement, the COUNTY shall provide the CONSULTANT with in thirty (30)
days notice of its intention to terminate.
19. ASSIGNMENT/SUB-CONTRACT. CONSULTANT shall not assign or
sub-contract this agreement, except in writing and with the prior written approval
ofthe COUNTY.
20. PERSONNEL. The following Consultant employees are assigned to
provide the services required under this agreement:
Lawton Swan
Sid Webber
Sharon Jakobi
The Consultant may not substitute any of those named employees without the
consent of the County. If one of the named employees leaves the employ of the
Consultant, any replacement employee must be approved by the County.
(SEAL)
Attest:
BYI~kM~Il_~
Interisk Corporation
Byd<filcA//4bLu ~-
President .
ATTACHMENT A
FEE SCHEDULE
Consultant's fees are as follows:
Professional Consulting:
Class I: Senior Consultants who have
professional designations (CPCU, CLU,
ARM, AIU, JD, Ph.D., PE, CSP, MAl, FCAS,
ChFC, etc.)
$110 per hour
Class II: Other consultants without
designations
$80 per hour
Class III: Subcontracted Legal Counsel,
Actuarial counsel and/or other specialized
counsel
Prevailing rates*
Clerical Support
Included
Expenses
Included
* Subject to prior approval of the County