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Item C03BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2012 Bulk Item: Yes X No Division: Employee Services Department: Employee Benefits Staff Contact Person/Phone #: Maria Gonzalez, Ext. 4448 AGENDA ITEM WORDING: Approval of three year contract renewal with Employers Mutual, Inc. to provide Third Party Claims Administration for the Monroe County's Workers' Compensation Program. ITEM BACKGROUND: BOCC approved at the May 16, 2012 meeting to waive the RFP for Workers' Compensation Third Party Administrator and approval of three (3) year contract renewal. PREVIOUS RELEVANT BOCC ACTION: 2009 RFP distributed per purchasing policy and 11 proposals received. Employers Mutual, Inc. was recommended by the committee and a three year contract was approved at the September 16, 2009 BOCC meeting. CONTRACT/AGREEMENT CHANGES: Term of agreement for three (3) year renewal with an annual premium of $70,918. STAFF RECOMMENDATIONS: Approve three year contract renewal. TOTAL COST: 70 918.00 W. INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $70,918.00": SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes _ No X AMOU,�1T PER MONTH Year _ APPROVED BY: County Atty OMB/Purcha`ssing Risk Management DOCUMENTATION: Included DISPOSITION: Revised 7/09 Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Employers Mutual, Inc. Effective Date:October 1.2012 Expiration Date:September 30, 2015 Contract Purpose/Description:Approval of First Amendment to Agreement for Administrative Services between Monroe County BOCC and Employers Mutual Inc for a three year contract renewal to provide Third Party Claims Administration for the Monroe County's Workers' Compensation Program. Contract Manager:Maria Fernandez - Gonzalez (Name) for BOCC meetins on June 20.2012 4448 Employee Services (Ext.) (Department) Deadline: CONTRACT COSTS Total Dollar Value of Contract: $70,918.00 yr. Current Year Portion: $53,188.00 Budgeted? Yes® No ❑ Account Codes: - - Grant: $ 750 - County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out ate Needed Re ' wer Division Director I Yes[:] No ��I0, - Risk Manage nt Yes ❑ No O.M.B./Purc acing Y/Iv Yes❑ No? County Attorney Yes[:] NoEf/ Comments: uivus rorm xevisea v/ i iiy:) mur ;FL C UNTYMONROE KEY WEST FLORIDA 33040 (305)294-4641 Office of the Employee Services Division Director The Historic Gato Cigar Factory 1100 Simonton Street, Suite 268 Key West, FL 33040 (305) 292-4458 — Phone (305) 292-4564 - Fax TO: Board of County Commissioners BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Kim Wigington, District 1 George Neugent, District 2 Heather Carruthers, District 3 Sylvia I Murphy, District 5 FROM: Teresa E. Aguiar, Employee Services Director SUBJ: Request to Approve three year contract renewal DATE: June 1, 2012 At the May 16, 2012 BOCC meeting, the Board bulk approved the initial request to waive the RFP process and renew the current contract with the County's Third Party Claims Administrator for Workers' Compensation, Employers Mutual, Inc. (EMI), for three additional years at the rate of $70,918 per year. Therefore, this item requests your approval of the amendment to the current contract. If you have any questions, please do not hesitate to contact me at X4458. FIRST AMENDMENT TO AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN MONROE COUNTY BOARD OF COUNTY COMMSSIONERS AND EMPLOYERS MUTUAL INC. THIS FIRST AMENDMENT, made and entered into this 20TH day of June 2012, by and between Board of County Commissioners of Monroe County (`BOCC"), hereafter referred to as the Client, and Employers Mutual Inc., 700 Central Parkway, Stuart, FL 34994, a Florida Corporation, hereinafter referred to as Administrator. WHEREAS, on September 20, 2009, the Client entered into an agreement to engage the services of Administrator to provide claim administration for workers' compensation and liability claims; and WHEREAS, the Agreement between the parties is to terminate on September 30, 2012; and WHEREAS, the parties have mutually agreed to continue the Agreement; and WHEREAS, it is in the best interest of the BOCC and serves a public purpose to continue with the services provided by Employers Mutual Inc.; and WHEREAS, Employers Mutual Inc. wishes to continue with the service it provides the BOCC. NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to amend the Agreement as follows: 1) Section IV shall be amended as follows: (i) Term. The terms of this Agreement shall be effective October 1, 2012 and continue for a period of three (3) years. This Agreement will be automatically renewed for successive one-year periods until either party gives the other notice of cancellation in accordance with the terms set forth below. 2) Section V. Administrator Fees shall be amended as follows: Administrator shall receive consideration in accordance with the following: Client shall pay Administrator a flat rate of $70,918 per year for the next three (3) years of claims adjusting. Any increases in the fee are outlined in Attachment "A". The amount will be paid in monthly installment payments due at the beginning of each month. Payments will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must describe in detail the services performed and the payment amount requested. Additionally Client will pay Administrator for the following services: As stated in "Attachment A". If the Client, for any reason whatsoever, fails to make a required fee payment or necessary contribution for claim payment as requested by Administrator on a timely basis, Administrator may suspend the performance of its services to the Client until such time as the Client makes the proper remittance. Continuation of this Agreement is specifically made contingent upon annual appropriation by Monroe County. 3) In all other respects the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the Employer and Contractor have caused this amendment to agreement to be executed this day of , 2012. ATTEST: DANNY L. KOLHAGE al Deputy Clerk Witness Board of County Commissioners of Monroe County Mayor Employers Mutual, Inc. Title: Kevin Cothran MO E COUNTY ATTORNEY =OED AT . N IA ., A-LL- ASSIS ANT OU TY ATTORNEY bate C ATTACHMENT "A" MONROE COUNTY . 1; W.111114 6WO WIN,109 1 . , is Employers Mutual, Inc. (EMI) will perform the Third Party Claims Administration for Monroe County for the following fee schedule. EMI will have the workers' compensation claims allocated individually to a lost time and medical only adjuster. EMI will perform this for an annual fee of $70,918.00 This rate will be guaranteed for a period of three (3) years. The annual fee may be paid in twelve equal installments. All nricin2 is based on a life of contract service asreement In addition, to the above services Employers Mutual, Inc. will provide the following services at the stated rate per the request of the Monroe County Board of County Commissioners. Medical Bill Re -pricing: Network Access: Telephonic Case Management: Field Case Management: • Hospital Bill Audits: Subrogation $1.50 per line or $5.50 flat -rate per bill (flat -rate excludes hospital bills) 25% of savings $85 per hour $95 per hour 25% of savings 10% of recovery (cap is negotiable) Allocated expenses (allocated to the claims files) include those paid to outside firms, such as contract adjusters, private investigators, surveillance, legal and court reporters. AGREEMENT FOR ADMINISTRATIVE SERVICES THIS AGREEMENT is made and entered into by and between Monroe County Board of County Commissioners ("BOCC"),hereinafter referred to as the Client, and Employers Mutual Inc., 700 Central Parkway, Stuart, FL 34994, a Florida Corporation, hereinafter referred to as Administrator. WITNESSETH WHEREAS, the Client desires to engage the services of Administrator to provide claim administration services for workers compensation and liability claims as described herein on behalf of the Client; WHEREAS, Administrator is qualified and desires to provide the aforementioned services on behalf of the Client in accordance with this Agreement; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereto do mutually agree as follows: The above recitals are incorporated herein as if set forth here below. I. SERVICES A. CLAIMS ADMINISTRATION SERVICES Administrator will provide the following and such other services as may be considered necessary and which are mutually acceptable to both parties: (i) Supervise and administer the open claims in compliance with applicable laws, rules and regulations governing the administration of self-insurance programs and imposed by the State of Florida. Claims will be timely adjusted and Administrator will be responsible for penalties if the penalty arises from the neglect of the Administrator. Provide qualified and experienced personnel capable of servicing the open claims of the Client. Administrator will maintain an office with toll -free telephone services and experienced employees, with adequate staffing levels to provide the services required under this Agreement. Complete processing of loss adjustments, investigations and settlements falling within the self -insured retention level. Submissions of all investigation reports, legal actions, court orders, or awards shall be provided to the Client together with recommendations to be taken in the event claims exceed the limits of authority of Administrator. Administrator must obtain prior approval from the Client, for all settlements. (iv) Coordinate investigations of and manage litigated claims with defense attorneys. (v) Develop subrogation possibilities and assist in the collection of same. Submit claims to reinsurance/excess carriers and assist in the recovery of such benefits (if any) on behalf of Client. (vi) In the event of termination of the contract, Administrator shall not have any responsibility or obligation to handle any claims beyond sixty (60) days after the termination date. II. RESPONSIBILITIES OF THE CLIENT The Client shall have and perform the following duties, obligations, and responsibilities to Administrator. (i) Obligation & Responsibility for Payment. The Client has the sole obligation and responsibility for funding the payment of claims made against the Client. Administrator assumes no duty to fund any such claims at any time and shall have no obligation to advance funds for such payment. Deposit Account. Prior to the commencement of the Agreement, the Client shall establish a bank account at a bank of the Client's choosing and this account will be used to process claim checks. The Client will be responsible for the proper funding of this account as well as all banking fees, bank interfaces and the bank reconciliations. Administrator shall use the funds deposited by the Client into the account to pay claim settlements within the discretionary settlement authority limit or as otherwise authorized by the Client, and to pay interim claim payments, indemnity payments, medical expenses and allocated expenses. (iii) Management of Account. It is the Client's responsibility to establish and replenish the bank account with funds sufficient to cover all claim payments. The Client may, at its discretion, increase or decrease the minimum funding levels based on actual claim activity. The bank account shall remain in effect until all claims activity ceases under this Agreement. (iv) Allocated Loss Adiustment Expense. Coverage costs shall include but not be limited to: cost of medical and/or indemnity payments, outside investigation of claims, surveillance, vocational rehabilitation, case management, legal fees, court or hearing costs, depositions, documents and exhibits, witness fees, photography and other incidental and special costs, as approved by Client prior to incurring the expense. Coverage costs shall be borne by the Client as normal claims related expenditures and shall be charged against the Deposit Account. (v) Instructions from Client. Administrator shall duly consider all written notices and recommendations made by Client relative to the administration of claims, including medical and litigation services with the understanding that the final authority rests with the Client. Administrator shall not be responsible or liable for any action or inaction of the Client, which is contrary to a lawful written recommendation or instruction by Administrator, applicable by law, and/or 2 workers compensation law that causes any claim to not be properly adjusted, administered, and/or processed. Administrator will handle claims in accordance with the written handling procedures as produced by the Client. (vi) Audits. Client has the right to independently or via outside auditors review the Administrator's performance to insure compliance with the contract requirements and to insure the financial integrity of the program. III. ADMINISTRATOR'S RESPONSIBILITIES Administrator shall have no responsibility, risk, liability or obligation for the funding of claims, losses, or liabilities. The responsibility and obligation for funding the program exposures shall be solely and totally the responsibility of the Client. Administrator shall be liable for the recovery of claim processing errors arising from Administrator's performance pursuant to the terms of this Agreement, excepting liability for any such error that is reasonable, made in good faith, and within acceptable industry standards. Administrator shall use diligent efforts toward the recovery of any loss therefrom. Administrator's liability, if any, shall be limited to the amount in excess of the claim amount(s) payable under the terms of the Agreement. It is understood and agreed that Administrator is and shall remain an independent contractor with respect to the services being performed by the Administrator pursuant to this Agreement and shall not for any purpose be deemed an employee of the Client, nor shall the relationship of the parties be deemed that of partners or joint ventures. Administrator does not assume any responsibility, risk, liability, or obligation for the general policy direction of the program, the adequacy of the funding thereof, or any act or omission or breach of duty by parties other than Administrator. Administrator shall not be deemed an insurer, underwriter or guarantor with respect to any expenses payable under the program. Administrator agrees to maintain the insurance requirements as set forth in the Client's Request for Proposal ("RFP") throughout the entirety of the life of this contract, including naming the Client as an additional insured in its general liability contract. The County reserves the right to approve or disapprove any subcontractor utilized by Administrator, including but not limited to field case managers. IV. TERM, DEFAULT AND TERMINATION (i) Term. The initial term of the Agreement will be for three (3) years beginning on September 20, 2009 and continuing until September 30, 2012. Thereafter, the Agreement shall be automatically renewed for successive one-year periods until either party gives notice of cancellation in accordance with the terms set forth below. Default. The failure of either party to comply with any provision of this Agreement will place that party in default. Prior to terminating the Agreement, the non -defaulting party will notify the defaulting party in writing. This notification will make specific reference to the provision(s) the defaulting party failed to comply with, the exact nature of the default, and the action that needs to occur to correct the default. The non -defaulting party will give the defaulting party a minimum of ten (10) business days to correct the default. If the default is not corrected within the allotted time, the non -defaulting party shall be permitted to terminate this Agreement, effective upon the receipt by the defaulting party of a written termination notice. (iii) Bankruptcy. If either party files a petition for bankruptcy or a petition or answer seeking reorganization, becomes or is insolvent or bankrupt, has a receiver appointed for its benefit, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, the other party may immediately terminate this Agreement. (iv) Termination. It is understood and agreed that either party shall have the right to terminate this Agreement on any date as follows: (a) the Client giving Administrator not less than ninety (90) days advance written notice of termination, with or without cause. (b) Administrator giving the Client not less than ninety (90) days advance written notice of termination. Administrator may, at its sole discretion, terminate this Agreement in the event that Client fails to properly fund the program within fifteen (15) days of receiving a written request to do so from Administrator. Upon termination by either party, Administrator shall, upon the request and at the expense of the Client, provide computer runs detailing various aspects of the Client's program. Upon termination, the Client understands and agrees that, except where there is evidence of negligence or willful misconduct or fraud, the Administrator is released from all liability, loss or damage arising after the date of termination of this Agreement in any manner out of the performance by Administrator pursuant to the terms of this Agreement. It is understood that at termination of the Agreement, Administrator shall not have any responsibility or obligation to handle any incurred claims beyond the termination date except as set forth in paragraph I. A. (vi), above. V. ADMINISTRATOR FEES Administrator shall receive consideration in accordance with the following: Client shall pay Administrator a flat rate of $67,500.00 per year for the first year of claims adjusting. Any increases in the fee are outlined in Attachment "A". The amount will be paid in monthly installment payments due at the beginning of each month. Payment will be made according to the Florida Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Clerk of Courts for Monroe County (Clerk). The request must 4 describe in detail the services performed and the payment amount requested. Additionally Client will pay Administrator for the following services: As stated in "Attachment A". If the Client, for any reason whatsoever, fails to make a required fee payment or necessary contribution for claim payment as requested by Administrator on a timely basis, Administrator may suspend the performance of its services to the Client until such time as the Client makes the proper remittance. Continuation of this Agreement is specifically made contingent upon annual appropriation by Monroe County. VI. OWNERSHIP AND RETENTION OF CLAIM FILES AND OTHER DOCUMENTS Administrator will retain all claim files during the time the Agreement is in effect. Subject to the foregoing, Administrator will make available to the Client for copying, at Client's expense, or inspection any records relating to any claim files serviced pursuant to this Agreement upon written request of the Client. Administrator will also make claim files available to any other third party as required by and in accordance with applicable law. All claim files created pursuant to this Agreement are the sole property of Client. Administrator shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Administrator pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Administrator shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to Administrator. Upon termination of the Agreement, Administrator will be responsible for the retention and storage of all claim files. Client is also responsible for all shipping costs, if any, associated with transporting of claim files. VII. NOTICE Whenever written notice is required under the terms of this Agreement, it shall be delivered either in person or by certified mail, return receipt requested to the appropriate party. Notice by registered mail shall be addressed as follows: ADMINISTRATOR CLIENT Employers Mutual, Inc. Monroe County BOCC 700 Central Parkway Maria Fernandez -Gonzalez, Sr. Administrator, Benefit Stuart, FL 34994 1100 Simonton St., Suite 2-268 ATTN: President Key West, Florida 33040 5 VIII. NON -ASSIGNMENT The provisions of this Agreement supersede any prior Agreements or understandings to the contrary. No party hereto shall have the right to assign this agreement without the written consent of the other party, which will not be unreasonably withheld. IX. NON TRANSFER OF POWERS Nothing contained in this Agreement shall be construed to constitute a Transfer of Powers in any way whatsoever. This Agreement is solely an Agreement for provision of services. X. ENFORCEMENT The County and Administrator agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This agreement is not subject to arbitration. XI. SEVERABILITY Should any provision of this Agreement be declared invalid by a Court of competent jurisdiction, same shall be deemed stricken herefrom and all other terms and conditions of this Agreement shall continue in full force and effect as if the invalid provision had never been made a part hereof. The County and Administrator agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 0 XII. NON -WAIVER No delay by either party in enforcing any covenant or right hereunder shall be deemed a waiver of such covenant or right, and no waiver of any particular provision hereof shall be deemed as waiver of any other provision or a continuing waiver of such particular provision, and except as so expressly waived, all provisions hereof shall continue in full force and effect. XIII. ENTIRE AGREEMENT The Client's RFP-4150-08-JE and the Administrator's corresponding proposal and amendments (if any) are hereby incorporated into this agreement. This Agreement constitutes the entire understanding of the parties with respect to provision of services. It may not be modified nor any of its provisions waived unless such modifications and/or waiver is in writing and is agreed to and signed by both parties and approved by the Monroe County Board of County Commissioners. XIV. THIRD PARTY BENEFICIARIES There are no third party beneficiaries of this Agreement, either intended or implied. XV. DEFENSES (i) Administrator agrees to defend, indemnify, and hold harmless the County, its Mayor, the Board of County Commissioners, its employees, and any other agents, individually or collectively: (a) for any penalty or fine the Client shall suffer that is solely the fault of Administrator; (b) for the recovery of claims processing errors arising from Administrator's performance, pursuant to the terms of this agreement. Administrator shall use diligent efforts toward the recovery of any loss therefrom. Administrator's liability, if any, shall be limited to the amount in excess of the claim amount(s) payable under the terms of the agreement. (c) for any claims resulting from errors, omissions or negligence on the part of Administrator unless the actions of Administrator were taken at the direction of the Client or as the result of the Client's negligence. (ii) Both parties acknowledge that Client has the final authority in the administration of this program. (iii) Both parties acknowledge that neither Client nor Administrator has the authority or capacity to affect or force the settlement of a claim by any person making a claim against client or any insurance company providing benefits as a part of Client's program. XVI. OTHER PROVISIONS (i) Employees Subject to County Ordinance Nos. 010- and 020-1990. The Administrator warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement 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. Convicted Vendor. 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 Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a Administrator, supplier, subcontractor, or Administrator under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Administrator and their respective legal representatives, successors, and assigns. (iv) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. (v) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Administrator agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Administrator specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. (vi) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VIl of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USG §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. (vii) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. (viii) No Solicitation/Payment. The County and Administrator warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Administrator agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. (ix) Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Administrator in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. N tXt :attestations. Administrator agrees to execute such documents as the County may reasonably require. including, but not being limited to, a Public Entity Crime Statement. an Ethics Statement, and a Drug -Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non -Collusion Agreement. IN WITNESSES WHEREOF, the parties hereunto set their hands and seals this 11Aday of ��.•�L 200_1. l (SEAL) ' Attest: DANNY L. KOLHAGE, CLERK OF MONROE Cou ty, FLORIDA eputy Clerk (CORPORATE SEAL) ATTEST: By Typed or Printed Name Mayor/Chairman BOARD OF County COMMISSIONERS by by cr_ oco w COUNTY ATFO�R�NEY '� •' MONROE q 4�ROVED AS T [e t✓� l.. (LL_ L. ALL YNTHIA r,pUN�`r P. TTORNEY o AS,'I.,' �,R! r c Date__ .- ..� . 10 ATTACHMENT "A" MONROE County WORKERS' COMPENSATION THIRD PARTY CLAIMS ADMINISTRATION Employers Mutual, Inc. (EMI) will perform the Third Party Claims Administration for Monroe County for the following fee schedule. EMI will have the workers' compensation claims allocated individually to a lost time and medical only adjuster. EMI will perform this for an annual fee of $67,500.00. This rate for the annual fee is guaranteed for Year 1 (one) of the contract. Thereafter, the annual fee will increase two per cent (2.5%) in each of Years 2 and 3 of the contract and will increase five per cent (5%) in any subsequent renewal year. The annual fee may be paid in twelve equal installments. All other rates and fees will remain the same during the initial term and any subsequent renewals. In addition, EMI will take over and perform the claims administration of existing open claims for a one-time fee of $50,000. This all-inclusive fee includes the electronic data transfer of existing claims information, the physical transfer of any open paper files and the establishment of all banking structure. As we understand there are numerous budgetary issues existing for governmental entities in the currently economic environment, EMI is willing to accept payment of this fee over a three year period with three (3) annual installments. All uricine is based on a life of contract service agreement In addition, to the above services Employers Mutual, Inc. will provide the following services at the stated rate per the request of the Monroe County Board of County Commissioners. • Medical Bill Re -pricing: • Network Access: • Telephonic Case Management: • Field Case Management: • Hospital Bill Audits: • Subrogation $1.50 per line 25% of savings $85 per hour $95 per hour 25% of savings 10% of recovery (cap is negotiable) Mi Allocated expenses (allocated to the claims files) include those paid to outside firms, such as contract adjusters, private investigators, surveillance, legal and court reporters.