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Item C29 Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _al.15-:-1,9-Ql Division: Management Services Bulk Item: Yes X No Department: Administrative ServiceslRisk Management AGENDA ITEM WORDING: Award of Bid to Interisk Corporation for Risk Management, Employee Benefits and Workers Compensation Consulting Services, and authorization for the Mayor to execute the contract. ITEM BACKGROUND: Insurance/Self -Insurance Consultants are retained by the County for three year contract periods, with Request for Proposals Advertised at the end of each contract term. Interisk Corporation is the most responsive bidder, and is recommended to be awarded the contract for a three (3) year contract. PREVIOUS REVELANT BOCC ACTION: Authorized the Advertisement ofthe Request for Proposals May 16, 2001. CONTRACT/AGREEMENT CHANGES: Increase of$10.00 per hour for Consulting Services. STAFF RECOMMENDATIONS: Award of Bid to Interisk Corporation. TOTAL COST: $110.00/hour BUDGETED: Yes x No COST TO COUNTY: $110.00/hour REVENUE PRODUCING: Yes No -X AMOUNT PER MONTH Year APPROVED BY: County Ally _ OMB/Pur~ _ Risk Management Cu.~ · DIVISION DIRECTOR APPROVAL: ffi. ~ 2fJg - James L. Roberts DOCUMENTATION: Included ~ To Follow Not Required DISPOSITION: AGENDA ITEM # /-C -<J2;? RISK MANAGEMENT. EMPLOYEE BENEFITS & WORKERS COMPENSATION CONSULTING AGREEMENT THIS AGREEMENT made this _ day of , 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 * 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 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 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 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. ,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 CANCEl-LA TION. 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. (SEAL) Attest: DANNY KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairman Deputy Clerk (SEAL) Attest: I nterisk Corporation By 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, 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 .-" -- ,.- ""J CERTIFICATE OF INSURANCE The company indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend. extend. or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy numbered and described below. . CERTI~~~: ~~;;~~;SK ~t::ifj~'l<<::''''_INS'''E~U:;~I~~V~~:':~: lNC 5100 COLLEGE ROAD ~','!'t _Y.l , Q.l _ llll N WESTSHORE BLVD KEY WEST. FL 33040 SUITE 208 ....,.~o . - / ,.~s 360 . /Sll()!'~ TAMPA. Fl 3 7 I POLICY I POLICY I IEFF. DATE IEXP. DATE I I 03-20-01 I 03-20-02 I I I I Any One Occurrence........ $ 1.000.000 I I I I I I I I I I I I I I I I I I I I I General Aggregate* ....... $ I I I Prod/Comp Ops Aggregate* . $ I I I [X] ~lorkers' Compensation and [X] Employers' Liability 77-WC-585401-0002 Nationwide Mutual Insurance Co. 03-20-01 03-20-02 STATUTORY LIMITS BODILY INJURY/ACCIDENT... $ Bodily Injury by Disease EACH EMPLOYEE ....... ... $ Bodily Injury by Disease POLICY LIMIT .. ...... ... $ I I I I I I I 5.000 I 100.000 I I 2.000.000 I 1.000.000 I I I I I I I I I I I I I I I I 100.000 I I 100.000 I I 500.000 I I DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES/RESTRICTIONS/SPECIAL ITEMS MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ALSO SHOWN AS ADDITIONAL INSURED I I I I I I I I I I I I I [ ] Other Liability I I AUTOMOBILE LIABILITY I [ ] BUSINESS AUTO I I I I I I I I I [ ] Umbrella Form I I I I I I I I Should any of the above described policies be cancelled before the expiration date. the insurance company will endeavor to mail 30 days written notice to the above named certificate holder. but failure to mail such notice shall impose no obligation or liability upon the company. its agents. or representatives. I TYPE OF INSURANCE I LIABILITY I [X] Liability and I Medical Expense I Personal and I Advertising Injuryl [X] Medical Expenses I [X] Fire Legal I Liability I I I I POLICY NUMBER & ISSUING CO. 77-BO-585401-0001 NATIONWIDE MUTUAL FI RE INSURANCE CO. LIMITS OF LIABILITY (*LIMITS AT INCEPTION) Included in Above - Any One Person or Organization ANY ONE PERSON ........ ... $ Any One Fire or Explosion $ [ ] Owned [ ] Hi red [ ] Non-Owned Bodily Injury (Each Person) .......... $ (Each Accident) ........ $ Property Damage (Each Accident) ., ...... $ Combined Single Limit .... $ EXCESS LIABILITY Each Occurrence ....... ... $ Prod/Camp Ops/Disease Aggregate* ......... .... $ Effective Date of Certificate: Date Certificate Issued: 03-20-2001 05-09-2001 Authorized Representative: Countersigned at: P. STEVE NASH 3347 W. BEARSS AVE. T~ O~~y ~O~~~E (305) 294-4641 ;.........~ r BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor ProTem Nora Williams, District 4 Dixie Spehar, District 1 Charles (Sonny) McCoy, District 3 Murray Nelson, District 5 Administrative Services Department Workers' Compensation Section 5100 College Road, Room 216 Key West, Florida 33040 "SAFETY FIRST" MEMORANDUM TO: Sheila Barker, Administrative Services Director FROM: Wayne Robertson, Risk Management Administrator Nancy Cohen, Workers' Compensation Administrator Maria Gonzalez, Group Insurance Administrator DATE: 06/26/01 RE: Bid Recommendation for Risk Consultant Services At your direction we reviewed the Bids for Risk Management and Employee Benefits Services. Our recommendation is as follows: Milliman USA - This company has a 1,750 employee base. They are an international consulting organization that is geared towards actuarial services. Bids per hour were significantly higher at $333.00 - $384.00 per hour for the principal/consulting actuary. Pricing for the risk management consultant was quoted at $277.00 - $379.00 per hour. Employee benefits consultant was quoted at $256.00 per hour with administrative support at $65.00 per hour, with travel billed on a per diem basis. For this reason we recommend Milliman USA be eliminated from consideration. AMI Risk Consultants, Inc. - Pricing for this bid was higher than Interisk and Ben Few & Company, Inc. The AMI rates were quoted at $120.00 per hour for lead consultant and $100.00 per hour for staff along with $25.00 per hour for clerical support. Information received in the bid indicates a lack of knowledge and experience for the specific needs of the County. For this reason we recommend that AMI be eliminated from consideration. Ben Few & Company, Inc. - While the pricing for this bid was attractive at $95.00 per hour, this company appears to deal with smaller entities and housing authorities. They have been in business only since 1993. \Ve feel that the cost associated with becoming familiar with County procedures would be prohibitive due to the amount oftime it would take for them to learn the County, resulting in additional expenses. For this reason we recommend that Ben Few & Co. be eliminated from consideration. Page Two Sheila Barker June 26, 2001 Interisk Corporation. - Interisk has served as consultant for the County for approximately 10 years. They are familiar with the procedures in place for Group Insurance, Workers' Compensation and Risk Management. While their bid does contain a small increase, it should be noted that Interisk has not had a rate increase in the ten years they have been working with the County. Their rate is $110.00 per hour and they are the second lowest bidder. This includes clerical support and travel. Interisk does not charge the County for more than an eight-hour day. They have been in business since 1979 and are familiar with County policies and procedures as well as County staff. We recommend that Interisk be awarded the bid based upon their professional ability and expertise. If you have any questions or need additional information concerning this matter, please feel free to contact me at ext. 4449.