1. 09/09/1998 to 09/08/1999
llannp I. Itolbage
BRANCH OFFICE
3117 OVERSEAS IDGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (~05) 852-7145
FAX (305) 852-7146
MEM.QBAH!2!lM
TO:
Division of Management Services
c/o County Administrator
Attn: Sheila Barker, Director
Human Resources
FROM:
Isabel C. DeSantis, Deputy Clerk \.9, C . e.
October 9, 1998
DATE:
As you know, at the September 9, 1998 meeting, the Board
granted approval to award bid and authorized execution of a i
Contract between Monroe County and Interisk Corporation for RiSk
Management, Employee Benefit and Workers Compensation Consulting
Services. ,
Enclosed is a duplicate original of the document for your
handling.
Should you have any questions, please feel free to contact
this office.
cc: County Attorney
Finance
../File
,I
t'
RISK MANAGEMENT, EMPLOYEE BENEFITS & WORKERS
COMPENSATION CONSULTING AGREEMENT
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
i5 Q \D
WHEREAS, the County officer or representative executing this a~~e~.
is authorized to execute same on behalf of the County; r<1;':"~ ~!
C"J' I". I (
0",; \D
NOW, THEREFORE, in consideration of the foregoing and the ~ '"'0
covenants and promises contained herein, the COUNTY and the CON~ftA~
(sometimes collectively called ("parties") agree as follows: ;J' ~ -::-
'!> fTJ c.n
CD
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:
*
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
*
*
*
*
*
*
*
*
*
*
*
."
-
r-
,."
o
'"T1
o
:::0
;0
,."
C")
(:)
::0
o
*
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
*
*
*
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 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
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 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.
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.
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.
18. 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
of the 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.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OFMO ~NTY, FLORIDA
L.~
(SEAL)
Mayor/Chairman
(SEAL)
Attest:
ByJlkaiAQ0 tL')
Inte~ L
By ~'I-!:L
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.)
$100 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
ATTACHMENT B
1996 Edition
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at hislher own expense,
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.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) 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 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. 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 ofthe required insurance,
either:
. Certificate of Insurance
or
. A Certified copy ofthe 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.
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 ofthe Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Administration Instruction
#4709,2
14
1996 Edition
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#4709,2
15
1996 Edition
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 and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal 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.
GLl
Administration Instruction
#4709,2
54
1996 Edition
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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
PROl
Administration Instruction
#4709,2
77
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
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.
Ifthe 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
oflnsurance, 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 from the fund
upon request from the County.
wel
Administration Instruction
#4709,2
88
. .
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
Administration Instruction
#4709,2
81