Item Q7 Q.7
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: Q.7
Agenda Item Summary #10916
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Brian Bradley (305) 295-3177
N/A
AGENDA ITEM WORDING: Approval of proposal from Florida League of Cities to renew the
2022-2023 liability insurance and excess workers' compensation insurance program for an annual
premium of $438,960 and authorization for Risk Management Administrator to sign all necessary
documents. The premium represents an decrease of$78,400 (15.2%).
ITEM BACKGROUND:
The policy provides insurance coverage for sums which the County may become legally obligated to
pay as a result of bodily injury, property damage, or personal injury arising out of its operations,
above a self-insured retention (SIR) of$200,000 per person or $300,000 per incident for each claim
for matters covered by the policy (primarily tort claims and constitutional law defenses). This
portion of the policy includes reimbursement for legal fees above the SIR and 50% sharing of
attorneys' fees for defense of employment law claims at the administrative law level (primarily
employment law claims at the Equal Employment Opportunity Commission level). Finally, the
policy also provides coverage for workers' compensation matters above a self-insured retention,
currently $500,000 per matter.
Risk Management issued a Request for Proposals (RFP) for this coverage in May 2022. The only
proposal received was from Florida Municipal Insurance Trust (FMIT). FMIT is the carrier who
provides the County's current coverage.
The proposed renewal of this policy through FMIT provided 4 options submitted with differing
levels of self-insured retention (SIR) for the County's workers' compensation coverage. Option 1
consisted of an SIR of $500,000 per matter (i.e., continuing the current SIR level). Option 1 is
recommended by the selection committee. The County's Risk Consultant letter providing analysis
and the Risk Selection committee score totals recommending this renewal are attached.
The renewal policy effective dates are 10/01/22-9/30/23.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved the last renewal with FMIT on September 15, 2021.
CONTRACT/AGREEMENT CHANGES:
Renewal. Annual premium decrease of$78,400 (15.2%)
Packet Pg. 3149
Q.7
STAFF RECOMMENDATION: Approval to accept insurance proposal from Florida League of
Cities at a cost of$438,960.00 to be paid in quarterly installments for the period of October 1, 2022
to September 30, 2023, and approval for Risk Management to execute all necessary documents.
DOCUMENTATION:
Recommendation Letter
Total Score Sheet liability and workers compensation
Brian Bradley Score Sheet
Bryan Cook Score sheet
Mark Gongre score sheet
Monroe County BCC.22 23 Proposal (07.07.22)
FINANCIAL IMPACT:
Effective Date: 10-1-2022
Expiration Date: 9-30-2023
Total Dollar Value of Contract: $438,960.00
Total Cost to County: $438,960.00
Current Year Portion: $517,360.00
Budgeted: Yes
Source of Funds: Internal Service Fund/Primarily Ad Valorem
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: No
Additional Details:
09/15/21 501-07501 WORKERS COMP ADMIN $232,348.00
09/15/21 503-08502 RISK MGMT INSURANCE $206,612.00
Total: $438,960.00
REVIEWED BY:
Brian Bradley Completed 07/29/2022 3:56 PM
Cynthia Hall Completed 07/30/2022 10:55 PM
Bob Shillinger Completed 08/01/2022 1:24 PM
Bryan Cook Completed 08/02/2022 4:06 PM
Purchasing Completed 08/02/2022 4:10 PM
Packet Pg. 3150
Q.7
Budget and Finance Completed 08/02/2022 4:13 PM
Lindsey Ballard Completed 08/02/2022 4:24 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
Packet Pg. 3151
Q.7.a
InteriskCorporation Risk Mgt.&Employee Benefits Consultants
1101 Red Maple Circle N.E.,St. Petersburg, Florida 33703-6318 — telephone: 813-287-1040
www.interisk.net
July 19,2022
Brian Bradley RMLO, FCRM
Risk Manager
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
Mr. Mark A. Gongre
Workers' Compensation Administrator
Monroe County
1100 Simonton Street
Suite 2-268
Key West, Florida 33040
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Subject: Liability and Workers' Compensation RFP N
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Dear Maria: 0
The County's Liability and Excess Workers' Compensation insurance expires on 9/3 0/22. The coverages include:
➢ Premises and Operations Liability (Commercial General Liability)with a per claim limit of$5 million and
a self-insured retention of$200,000 for each claim.
➢ Public Officials Liability with a per claim limit of$5 million and a self-insured retention of$200,000 for CU
each claim.
➢ Cyber Liability with limits of$2,000,000 except for Fraudulent Instruction,Funds Transfer and Telephone
Fraud claims that have a limit of$100,000. A deductible of$35,000 applies to all claims. E
➢ Vehicle Liability and Physical Damage with a per claim limit of$5 million and a self-insured retention of 0
$200,000 for each claim. Physical Damage claims are subject to a$1,000 deductible.
➢ Statutory Workers' Compensation subject to a self-insured retention of$500,000 for each occurrence.
➢ Employers Liability coverage with limits of$1,000,000/$1,000,000/$1,000,000 and subject to a self-
insured retention of$500,000 for each occurrence. E
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The Florida Municipal Insurance Trust(FMIT)provides all of the coverages through a single policy with the
Florida League of Cities serving as the agent/broker. The FMIT has provided the coverages for a number of years
and it is believed that they have served the County well.
For the policy term of 10/1/21 to 9/30/22 the County paid a premium of$517,360. In accordance with the County's
purchasing protocols,the County solicited competitive proposals for the coverages through an RFP process. The
process began on 5/19/22 when the RFP was posted on Demandstar. Interested parties had until 6/15/22 to submit
requests for additional information. In response to the questions submitted an addendum to the RFP was posted on
Demandstar on 6/22/22. Sealed proposals were received and opened on 7/13/22. The only proposal received was
from the FMIT. The FMIT is a self-insured trust specializing in the insurance needs of governmental entities
located in Florida. It is believed that the FMIT is financially sound and has never failed to honor their claim
obligations.
While the FMIT has made some minor changes to the policy terms and conditions,none were viewed as being
significant and the level of protection being provided will be consistent with that which is currently being
purchased.
Packet Pg. 3152
Q.7.a
The FMIT submitted a proposal that included:
Premises and Operations Liability (General Liability)which includes Cyber Liability coverage
Public Officials Liability
Vehicle Liability
Auto Physical Damage
4 Excess Workers' Compensation options with varying self-insured retentions(SIR).
The following summarizes the FMIT proposal.
Annual Premium
Deductible/ Option 1 Option 2 Option 3 Option 4
Coverage Limits $500,000 $250,000 $750,000 $1 Million
Retention SIR SIR SIR SIR
Commercial
General Liability $5 Million $200,000 $45,074 $45,074 $45,074 $45,074
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C ber Liability $2 Million/$100,000 $35,000 Included Included Included Included c14
Public Officials c14
Liability $5 Million $200,000 $90,001 $90,001 $90,001 $90,001 U
Vehicle Liability $5 Million $200,000 $58,171 $58,171 $58,171 $58,171 U_
Vehicle Physical Actual Cash Value $1,000 $13,366 $13,366 $13,366 $13,366
Damage
Workers' Consistent with
$500,000 $232,348 $463,815 $181,712 $136,284
Compensation Florida Statute 440
Employers $1,000,000 $500,000 Included Included Included Included
Liability
A side-by-side comparison of the major features of each option along with the current program is included as an
attachment.
Since the FMIT offered multiple self-insured retention options for the Workers' Compensation coverage,the
County's historical loss experience had to be included in the evaluation. Losses from the 2016/17,2017/18, E
2018/2019,2019/20,2020/21 and 2021/22 policy years were segregated by size so an estimate of the self-insured
losses under each option can be developed. Included in the side-by-side is a schedule that summarizes these losses.
Comparing the Workers' Compensation premiums for the 4 options submitted using the$500,000 (the current SIR)
as the base,the premium for the$250,000 option will be$231,467 higher than the$500,000 option. Over the past
5 years the savings in claim dollars associated with the lower SIR would be higher than the increase in the
premium,except for 1 year. In that year the savings would have produced an overall lower cost(retained losses
plus the premium)of$67,260. In the other 4 years the$250,000 option would have produced a higher overall cost
ranging from$96,000 to$231,000 each year. The$750,000 option would result in a lower premium of$50,636
and the$1,000,000 option would result in a lower premium of$96,064. It is not believed that these savings justify
the added exposure the County would have to assume if the$750,000 or$1,000,000 option is selected. One claim
could far exceed the premium savings.
An Evaluation Committee was established consisting of:
Brian Bradley -Monroe County
Mark Gongre-Monroe County
Bryan Cook-Monroe County
Packet Pg. 3153
Q.7.a
The Committee met on 7/18/22 and unanimously ranked the Florida League's Option 1 ($500,000 SIR)as being the
most advantageous for the County. Interisk agrees with the Committee's ranking.
In summary and subject to the BOCC's approval,the County will renew its Liability and Workers' Compensation
coverage with the Florida Municipal Insurance Trust as being proposed by the Florida League of Cities for the
policy period of 10/1/22 to 9/30/23. This will result in maintaining the level of protection currently being
purchased while reducing the cost of the coverage by $78,400(15.2%).
Please give me a call if you have any questions or wish to discuss this issue in further detail.
Cordially,
INTERISK CORPORATION
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Sidney G.Webber C"
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Q.7.d
SCORE SHEET FOR RFP
Liability and workers'compensation insurance
18-J u I-22
RFQ Selection Committee Member Score Sheet
Committee Member: RESPONDENT
Option Option Option Option
Scoring Criteria Point Range $500,000 $250,000 $750,000 $1,000,000
1.Cost and services 0 to 35 35 30 25 20
2.Experience and qualification of proposing agent 0 to 8 8 8 8 8
3.Terms and conditions of coverage being
0 to 33 33 33 33 33
proposed
4.Financial stability of insurers being proposed 0 to 11 11 11 11 11
5.Compliance with the bid specifications 0 to 4 4 4 4 4
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6.Recommendations from government clients 0 to 4 4 4 4 4 C14
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Total Score(out of max.95 points): 100 -j
95 90 85 80 0 0 0 U
RANK 1 2 3 4
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Signed: 0
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Digitally signed by Bryan Cook
Bryan Cook
Date:2022.07.19 10:16:49 0
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Q.7.f
�M I T �MUNK PAL
�W"rbvUf'ANCE TP[USI
l r,,to rmq thu=caAm.wa^uflitaes VVe(7: 14)-lerme
Proposal for 2022-2023
Monroe County Board of County Commissioners
GENERAL LIABILITY COVERAGE
Comprehensive General Liability Limits
Limit Per Occurrence: $5,000,000
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Annual Aggregate: Unlimited C�
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Self Insured Retention: $200,000 N
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Public Officials E&O 1 Employment Limits
Practices Liability
Limit Per Occurrence: $5,000,000
Annual Aggregate: Unlimited U)
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Self Insured Retention: $200,000 '
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FMIT Advantage: For Members that choose a deductible-Members are only responsible for the deductible if a 03
judgment or settlement occurs. Legal expenses are outside the deductible and paid solely by the Trust
for General Liability. 0
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Q.7.f
ADDITIONAL BENEFITS:
Defense Costs paid in addition to policy limits
Premises Operations
Products/Completed Operations
Contractual Liability(Designated Contracts Only)
Owners&Contractors'Protective Liability
Personal Injury Liability
Host Liquor Liability
Incidental Medical Malpractice Liability
Watercraft Liability
Fire Legal Liability-Maximum$500,000 in any one Trust Year
Broad Form Property Damage-Maximum$500,000 in any one Trust Year
Advertising Injury Liability
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Employment Practices Liability U
Free Legal Advise For Employment Related Matters
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Employee Benefits Program Administration Liability
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Extra Contractual Legal Expense -$100,000 Aggregate Limit �!
(EEOC, Florida Commission on Human Relations, Ethics)
Sewerline Backup and Initial Cleanup Expense-$10,000 per affected property/$200,000 Aggregate Limit
Crisis Intervention U)
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HR Helpline -Full Legal Support and Online Services �
Herbicide/Pesticide Spraying CL
Limit is the General Liability limit or$1,000,000 aggregate per fund year,whichever is the lesser amount. �
Bert Harris Act/Inverse Condemnation-$300,000 Limit Per Occurrence/Aggregate. Limit includes Defense Costs. �
Deductible is$5,000 or the policy deductible,whichever is greater. U
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SIR Services include Risk Control and Defense Costs and Awards or Settlements for Liability,if applicable.
The providers of the TPA service are subject to approval by the Florida League of Cities, Inc.
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The Self Insured Retention amount is inclusive of the Limit of Liability for General Liability and Automobile Liability.
Refer to form FMIT SE SIR GL for General Liability Coverage and FMIT SE SIR AL for Automobile Liability
Coverage.
2 Packet Pg. 3169
Q.7.f
Optional Cyber Liability Coverage
Cyber Coverages including Privacy, Network Security and Data Breach.
Fraudulent Instructions and Electronic Crime.
$2,000,000 Annual Aggregate
Claims Made
Cyber Risk Management Tools Web Site. `^
Note:The premium is included on the Premium Summary Page
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Q.7.f
AUTOMOBILE COVERAGE Limits
Comprehensive Automobile Liability $5,000,000
Self Insured Retention: $200,000
Automobile Physical Damage
Comprehensive Coverage $1,000 Deductible
Collision Coverage $1,000 Deductible
Note: "Vehicles with$0 value on schedule provided were not included in the quote for APD." -�
Coverage Includes:
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➢ Hired &Non-Owned Liability C�
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➢ Rental Reimbursement-scheduled vehicles cN
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➢ Lease Differential-scheduled vehicles
➢ Limited Replacement Cost-owned private passenger vehicles, SLIVs, Pickup Trucks
➢ Member's Personal Effects
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FMIT Advantage: For Members that choose a deductible-Members are only responsible for the deductible if a
judgment or settlement occurs. Legal expenses are outside the deductible and paid solely by the Trust U)
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for Automobile Liability. 0
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SIR Services include Risk Control and Defense Costs and Awards or Settlements for Liability,if applicable.
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The providers of the TPA service are subject to approval by the Florida League of Cities, Inc. L)
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The Self Insured Retention amount is inclusive of the Limit of Liability for General Liability and Automobile Liability.
Refer to form FMIT SE SIR GL for General Liability Coverage and FMIT SE SIR AL for Automobile Liability L)
Coverage.
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Q.7.f
WORKERS'COMPENSATION PAYROLLS
Limit
Workers'Compensation Statutory
Employers Liability $1,000,000/$1,000,000/$1,000,000
CODE DESCRIPTION PAYROLL
5191 OFFICE MACHINE OR APPLIANCE INSTALLATION 1,479,475
5509 STREET OR ROAD MAINTENANCE 932,292
6217 EXCAVATION 210,754
7370 TAXICAB DRIVERS 221,594
7403 AIRCRAFT OR HELICOPTER OPERATION 3,054,778
7425 AIRCRAFT OR HELICOPTER OPERATION: NOC-HELICOF 1,534,832
7704 FIREFIGHTERS 7,515,038
7720 POLICE OFFICERS 24,543,083
8350 BOTTLE DEALER-USED 1,159,626 t�s
8742 SALESPERSONS, COLLECTORS, MESSENGERS 201,842
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8810 CLERICAL 31,433,721 cN
8820 ATTORNEY-ALL EMPLOYEES 2,205,191 t3
8835 PHYSICIAN-HOSPITAL 243,690 0
9015 BUILDINGS-OPERATION BY OWNER 3,565,636 LL
9063 YMCA,YWCA,YMHA, OR YWHA, INSTITUTION 60,870
9102 PARK NOC 375,152 CN
9403 GARBAGE,ASHES OR REFUSE 207,793
TOTAL PAYROLL $78,945,367
Self Insured Retention: $500,000 U)
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Experience Modification Factor: 10/1/2020 1.21 CIL
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Safety Credit: Yes
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Drug Free Credit: Yes 00
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The Workers'Compensation premium is subject to adjustment when the October 1,2022 experience modification is received.
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Premium calculation includes 5%Drugfree Credit and 2%Safety Credit-Requires receipt of approved applications.
Payrolls and WC premium,including any applicable incentive credits,are subject to Final Audit.
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SIR Services include Risk Control and Defense Costs and Awards or Settlements for Liability,if applicable.
The providers of the TPA service are subject to approval by the Florida League of Cities, Inc.
5 Packet Pg. 3172
Q.7.f
PREMIUM SUMMARY
Coverage Line Annual Premium
General Liability Coverage $45,074
Public Officials E&O/Employment Practices Liability $90,001
Cyber Liability $0
Automobile Liability $58,171
Automobile Physical Damage $13,366 `^
Workers'Compensation Coverage $232,348
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Total FMIT Premium `�
$438,960 CN
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Note: Coverage summaries provided herein are intended as an outline of coverage only and are necessarily brief. In the event of _
loss,all terms,conditions,and exclusions of actual Agreement and/or Policies will apply.
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The premiums quoted above are priced according to the coverage lines presented. Any change or deletion of coverages may U
result in re-pricing of remaining coverage lines.
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6 Packet Pg. 3173
Q.7.f
INTEREST FREE INSTALLMENT PLAN
First Installment Second Installment Third Installment Fourth Installment
25%minimum due 25%minimum due 25%minimum due 25%minimum due
October 1,2022 January 1,2023 April 1,2023 July 1,2023
Payment will be forwarded to the Florida League of Cities in Tallahassee
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7 Packet Pg. 3174
Q.7.f
DEDUCTIBLE 1 LIMIT OPTIONS
Annual Check Option
Limit Deductible Premium Accepted Rejected
Worker's Compensation
Option 1 -SIR $500,000 $232,348 0 0
Option 2-SIR $250,000 $463,815 0 0
Option 3-SIR $750,000 $181,712 0 0
Option 4-SIR $1,000,000 $136,284 0 0
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8 Packet Pg. 3175