Item C21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 17,2001
Bulk Item: Yes X No
Division: Administrative Services
Department: Human ResourceslRisk Management
AGENDA ITEM WORDING: Renewal of Contract with Interisk Corporation to provide Risk
Management, Employee Benefits and Worker's Compensation consulting services.
ITEM BACKGROUND: Interisk Corporation is the County's "insurance" consultant, who prepare
RFP's for all insurance policies and Third Party Administrator contracts for the Workers Compensation,
HealthlLife Insurance, and PropertylLiabilitylRisk Management Programs.
PREVIOUS RELEVANT BOCC ACTION: Accepted Proposal 9/9/98. This is final renewal -
Proposals will be requested next year.
STAFF RECOMMENDATION: Renewal.
TOTAL COST: $1001hr
COST TO COUNTY: $100/hr
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH YEAR
APPROVED BY: County Atty _ OMBlPurchasin~~ Risk ManagementL.l:.\\ I
DIVISION DIRECTOR APPROVAL: 1 ~ ~~-~
'=-"
BUDGETED: Yes X No
James L. Roberts
DOCUMENTATION: Included: X
To Follow: Not Required: _
Agenda Item #:
1i,1,1
DISPOSITION:
JAN-04-01 12,49 FROM,MONROE COUNT~ ATT~ OFFICE ID,30~2923516
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EXTENSION OF 1N~U~ANCH CONSTUL.1"~<.i AGRF.F.MENT
This renewal agrccmtflt is indo on this _ d01Y (If Ii1nulU')' 2001. by and between Monruc Cl1Ullty, a
JlOtitiGalliubdivision of the ~lillC afFlorida.tbc County, and Inlcri'lk Ct'l'poration, dIe Cunsult:mt.
Whereas, on September 9, ~998, the parties CDtered illlu iSI\ Ilgn:ement whereby rJle CO~uIWlI wa.c; to
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pruvidc vuiou... insurance ~lated consulting services; ami
WhcrC'4s, the a~reemel1t bad an initial une-year Lerm with a provision for lwu m1c-year extellsiollS; an4
Whereas. the parties dcsin: t.u extend the a,greement fOr onodlCl" one-year term;
NOW, THEREFORF... in ccmsickroaion oftbe mutual covenanl!l conlainad in this extension, tbe 1)an.WS
~ec:
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I) Ol1l1~ partics' Scptcmticr 9, 19911 con~lJh.ing agreement, IS copy of which i!l 81uu:hca ancl incorporated
into Ihis eJl.tcosion ~'\ Exhi~il A, i~ herehy extended for another one-)'Cllr term COmml.'1lclng ~lelllber 10,
2000.
2) rn all ather ~pects, the panics' Septelllber 9. ) 94)~ ~nsullil1g ag,a.'mCnt rcmliin~ in full loree O1lld
llffec;t.
IN WIl"NF.SS WHF.RF.Of. the parties have~' their ha/lds lmd seal on the day and year last written
~Jow.
(S~AL) :
^ lTEST: nANNY L. KOt.RAGF., Cl.F.R K
BOARD OF COUN1Y COMMISSIONERS
OF MONROE COUNTY, FLOR1Tl^
By:
Uy:
MllynrlCh:1irm :lJ1
I)eputy Clerk
WITNESS;
uate:__ _ _
INT~SK CORPORA nON
B)':
President
Ollte:
A~6RPVED AS "0 Fe,;,....
~y ~ c:
" R BERT N
OATE~
t-'AL;to
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EXHIBIT A
THIS AGREEMENT made this 9-~ay of ~, 1998, 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:
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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 related
programs.
Employee Benefit Plan Design Development
Employee Benefit Claim Audits
Evaluation of Deferred Compensation Mechanisms
Analysis of Property and Casualty Exposures
Rebidding of Property and Casualty Insurance programs
Retention Level Analysis
Self-Insured Fund Analysis
Self-Insured Fund Audits
Claim Handling Procedure Manuals
Setting Minimum Insurance Requirements
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Evaluating Agent/Broker Capabilities and Effectiveness
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 An. .
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 Human Resources 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
t writing and hand delivered or mailed, postage prepaid by certified mail, return
l:ceiPt requested, to the other party as follows:
TO CONSULTANT:
!
Director of Human Resources
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.
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7. COMPLIANCE WITH LAW. CONSULTANT 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.
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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 lWO 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 inswance, 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. INSURAN'CE. CONSUL TANT'is'requh'ed 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 approvea:irl.writihg by both parties.
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18. TIME OF PERFORMANCE AND CANCELLATION. The term ofthis
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
of the COUNTY.
20. PERSONNEL. The following Consultant employees are assigned to
provide the services required under:~hisagreem~nt:
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.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the day and year first above written.
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~~~9LH~GE' CLE~K .,
B~o.L.J-C.. ~~~
Deputy Clerk .
BOARD OF C9UNlY COMMISSIONERS
9f.-Mqtl~ 0t:IllIIY. F~K.._
(SEAL)
Attest:
BY~Q;'(AD.o all)
Inte~ L
By ~~
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, JO, Ph.D., PE, CSP, MAI, FCAS,
ChFC, etc.)
Class II: Other consultants without
designations
Class III: Subcontracted Legal Counsel,
Actuarial counsel and/or other specialized
counsel
Clerical Support
Expenses
· Subject to prior approval of the County
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$100 per hour
$80 per hour
Prevailing rates.
Included
Included