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Item D46 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 19. 2003 Division: Management Services Bulk Item: Yes -X- No Department: Administrative ServiceslRiskManagement 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, Health/Life Insurance, and Property/Liability/Risk Management Programs. PREVIOUS REVELANT BOCC ACTION: Accepted Proposal August 15,2001. This is the second renewal. CONTRACT/AGREEMENT CHANGES: The renewal dates are 8/15/02-9/30/04. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $1 10.001hour BUDGETED: Yes -1L No COST TO COUNTY: $1 10.001hour REVENUE PRODUCING: Yes No -X AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMBfPurchasing _ Risk Management_ c;;V'~ {f ~~...l.JLI",t- SHEILA A. BARKER DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included -X- To Follow Not Required _ DISPOSITION: AGENDA ITEM #-~Jjb Revised 2/27/0 I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Interisk Corporation Effective Date: 8/15/2002 Expiration Date:Three Years Contract Purpose/Description:Risk Management. Employee Benefits. and Workers Compensation Consulting Services. including Insurance/Self-Insurance Programs. Contract Manager:Sheila Barker (Name) 4462 (Ext.) Administrative Services (Department) for BOCC meetin 19 2003 A enda Deadline: Feb 5 2003 CONTRACT COSTS Total Dollar Value of Contract: $110/hour Budgeted? Y es~ No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $2.000 501-07501-530-310- 502-08001-530-310- 503-08501-530-310- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Date Out Division Director .;2 -1/-0 2~( /O::J Risk Management O.M.B./Purchasing YesO No~ County Attorney ~ I J 2-/ D.3 Y esO No~ . oP-/I-~ 9-- '-/2 -OJ Comments: OMB Form Revised 9/11/95 MCP #2 EXTENSION OF INSURANCE CONSm TING AGREEMENT , This renewal agreement is made on this _ day of February, 2003, by and between Monroe County, a political subdivision of the State of Florida, the County, and Interisk Corporation, the Consultant. Whereas, on August 15,2001, the parties entered into an agreement whereby the Consultant was to provide various insurance related consulting services; and Whereas, the agreement had an initial one-year tenn with a provision for two one-year extensions; and Whereas, the parties desire to extend the agreement for another one-year tenn; NOW, THEREFORE, in consideration of the mutual covenants contained in this extension, the parties agree: 1) The parties' August 15, 2001, consulting agreement, a copy of which is attached and incorporated into this extension as Exhibit A, is hereby extended for another two-year term commencing August 15, 2002. 2) In all other respects, the parties' September 9, 1998 consulting agreement remains in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year last written below. (SEAL) A TTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman Date: WITNESS: INTERlSK CORPORA nON By: President Date: 02/11/2003 14:59 3052953550 CLERK OF COURT PAGE El2 ./ ;, EX1eNSION OF INSURANCE CONSTUL TING AGREEMENT ./J." TI This renewalllgreement is made on this 4- day of January 2001, by and between Monroe County, a political subdivision of the State of Florid IS, the COWlty, and Interisk Corporation, the Consultant. Whereas, on September 9, 1998, the plll1ies entered into an agreement whereby the Consultant was to provide vllrious insurance related consulting services; and Whereas, the agreement bad an initial one-year term with II provision for two one-year extensions; and Whereat, the parties dCilire to extend the agreement for aoother one-year term; - .WW, TIiEREFORE, in consideration of the mutual covenants contained in this extension, the parties agree: 1) The pertics' September 9, 1998 consulting agreement, II copy of which is aached and incorporated into this extension IS Exhibit A, is hereby extended for another one-year term commencing September 10, 2000. ~. 2) In all other respects, the partics' September 9, 1998 consulting agreement remains in full force and effect. . GE,CLERK ~ .....,. " I ;~....: ....;: '~"..-~ ~ .':.r~.'!!.: . By:A Q.. ~ Deputy Clerk ~ OF COUNTY COMMISSIONER. S F ONROE COUNTY, FIflfDA d. - .- / ~ , -t::<-,; .~. . y:~_- G ay<Jl'1'CJ\linnan Date: WITNESS: A~ IJ"Ll ~ m~;Z: B ~~ >J;:; Dat .r: 2 t1(J / RISK MANAGEMENT. EMPLOYEE BENEFITS & WORKERS COMPENSATION CONSULTING AGREEMENT THIS AGREEMENT made this ~~ay of .A U.J' ,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. 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 "8". 17 . MODIFICATION. No modification or amendment of this agreement shall become effective until approved in writing by both parties. 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 ......\ 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. Deputy Clerk (SEAL) Attest: f\ By .Y,~O--~ €-QcL~~ Interisk Corporation B~H L,j~<f(( President 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. CERTIFICATE HOLDER: COUNTY OF MONROE MONROE COUNTY RISK MANAGEMENT 5100 COLLEGE ROAD KEY WEST. FL 33040 INSURED: INSURANCE ADVISORY GROUP INC AND INTERISK CORPORATION 1111 N WESTSHORE BLVD SU ITE 208 TAMPA. FL 33607 I I I I I I I I I I I I I [ ] Other Liability I I I I I I I I I I I I [ ] Umbrella Form I I I I I I [X] I I Should any of the above described policies be cancelled before the expiration date. the lnsurance 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 FIRE INSURANCE CO. I POLICY I POLICY I IEFF. DATE IEXP. DATE I I 03-20-02 I 03-20-03 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I AUTOMOBILE LIABILITYAFlPR [ ] BUS I NESS AUTO BY. I DJfTE W11VER I [ ] Owned [ ] Hired [ ] Non-Owned N/A_YES I I I I I Any One Occurrence........ $ 1.000.000 I I I I 5.000 I 100.000 I I General Aggregate* ... .... $ 2.000.000 I Prod/Camp Ops Aggregate* . $ 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 LIMITS OF LIABILITY (*LIMITS AT I~CEPTION) Included in Above - Any One Person or Organization ANY ONE PERSON ..... ...... $ Any One Fire or Explosion $ Bocli ly Injury (Each Person) .... ...... S (Each Accident) ........ S Property Damage (Each Accident) ........ S Combined Single Limit.... S EXCESS LIABILITY Each Occurrence .......... S Prod/Comp Ops/Disease Aggregate* ....... ...... S [X] Workers' Compensation and Employers' Liability 77-WC-585401-0002 Nationwide Mutual Insurance Co. 03-20-02 03-20-03 STATUTORY LIMITS BODILY INJURY/ACCIDENT ... $ Bodily Injury by Disease EACH EMPLOYEE ...........-$ Bodily Injury by Disease POLICY LIMIT ........... $ Effective Date of Certificate: Date Certificate Issued: 03-20-2002 10-08-2002 Authorized Representative: Countersigned at: P. STEVE NASH 3347 W. BEARSS AVE. TAMPA. FL 33618