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Item C19 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17. 2008 Division: Employee Services Bulk Item: Yes -X- No - Department: Employee Benefits Office Staff Contact Person: Maria Z. Fernandez-Gonzalez Ext.4448 AGENDA ITEM WORDING: Approval of third-year contract renewal with Preferred Governmental Claims Solutions (PGCS) for Third Party Administration of the Workers' Compensation Program for Monroe County. Current contract expires September 19. 2008. ITEM BACKGROUND: PGCS originally contracted with MCBOCC April 1996; RFP's done 2003 and 2006 both recommended continuation of the contract with PGCS. PREVIOUS RELEVANT BOCC ACTION: Second-year contract renewal approved July 18.2007 for a one year term. CONTRACT/AGREEMENT CHANGES: Increase in annual flat rate fee to $100,000 (this increase included in original contract. ST AFF RECOMMENDATIONS: Approval. TOTAL COST: $102,000.00 BUDGETED: Yes ~ No - COST TO COUNTY: $102,000.00 SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year X - ~ Risk Management ~ APPROVED BY: County Atty _ ~lPurcliaSing_ DOCUMENT A TION: Included X To Follow - Not Required_ DISPOSITION: AGENDA ITEM # Revised 08/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Preferred Governmental Effective Date:September 20.2008 Claims Solutions (PGCS) Expiration Date:September 19. 2009 Contract Purpose/Description:Approval of third-year contract renewal with Preferred Governmental Claims Solutions (PGCS) for third party administration of the Workers' Compensation Program for Monroe County. Contract Manager: 4448 Employee Services Maria Z. Fernandez-Gonzalez (N ame) (Ext. ) (Department) for BOCC meeting on Sentember 17 2008 Agenda Deadline: September 2. 2008 CONTRACT COSTS Total Dollar Value of Contract: $102.000 Current Year Portion: $_ Budgeted? Yes[3J NoD Account Codes: 501-07502-530310- - -- Grant: $_ - - - - ----- County Match: $_ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $-"yr For: - (Not included in dollar value above) (eg. maintenance. utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~ ~~llo;Y . Division Director ~~ Y esO NO~ r~.. .. ~v~ Risk Managtmen'1i, 8' ;)$ OJ{ YesO Nog. , . . ~ ~<p riJ ~~ ~hdo~ O.M.B./Purcha mg <6 ~z..'6' ~tfZ YesD No County Attorney W~ YesONo@ ~ 1-.JI..>> il ~ I 0 ~ Comments: - OMB Form Revised 9/1 1/95 MCP #2 ,/'",,'" ,,--....--- BOARD OF COUNTY COMMISSIONERS , O,~~T.y ~o~~~E Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294-4641 Sylvia J. Murphy, District 5 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 '-~'-~ ,. ~ .<~ :~..-;;$ ........j... P', . TO: Board of County Commissioners FROM: Teresa E. Aguiar, ~ Employee Services Direct DATE: August 22, 2008 SUBJ: BOCC Meeting 9/17/2008 PGCS Contract Renewal This item requests approval to renew the current contract with Preferred Governmental Claims Solutions (PGCS) for third party administration of the Workers' Compensation Program for Monroe County. As an authorized self-insurer in the State of Florida for its Workers' Compensation Insurance, the County is obligated to administer the claims that are within their self-insured retention. Since 1996 Preferred Governmental Claims Solutions (PGCS) has served as the County's claims administrator. These services were last bid in 2006 and this is the last renewal of the contract. The current contract that was approved by the BOCC at the September 20,2006 meeting specified that the renewal amount shall be $100,000.00 for the renewal term 10/1/08 - 9/30/09. PGCS will also manage the services as outlined on Attachment "B" of their contract. The approximate cost of the services outlined on Attachment "B" amount to $2,000 per year. These services are scheduled to be bid again next year (2009) in accordance with purchasing policies and procedures. It is therefore the recommendation that the Board approve the request to renew this contract as proposed. If you have any questions on this item, please do not hesitate to contact me at X4458. RENEWAL AGREEMENT This renewal agreement is entered into by and between Board of County Commissioners of Momoe County, Florida; 1100 Simonton Street, Room 2-268; Key West, Florida 33040 (hereafter Employer) and Preferred Governmental Claims Solutions, a Florida Corporation, P. O. Box 958456, Lake Mary, FL 32795-8456, (hereafter PGCS). WHEREAS, on September 20, 2006, the Employer and PGCS entered into an agreement (hereafter the original agreement) whereby poes perfonns claim administration for the Employer's workers' compensation program; and WHEREAS, the current renewal will expire on September 19, 2008 and the Employer desires to extend the original agreement for another year, therefore, the parties agree as follows: 1. This third one-year renewal tenn will commence immediately upon the expiration of the current contract. Therefore this renewal will become effective September 20, 2008, and will expire September 19,2009. 2. [n all other respects the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this day of ,2008. BOARD OF COUNTY COMMISSIONERS A TTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By i Deputy Clerk Mayor/Chainnan PREF~~AIMS SOLUTIONS By ~. I<z Vice President -. A TT ACHMENT "B" Monroe County BOCC WORKERS' COMPENSATION CLAIMS ADMINISTRATION FLAT RATE: FY 06/07 $90,000 FY 07/08 $94,500 FY 08/09 $100,000 Above pricing is on a per year basis. All services are invoiced on a monthly basis. 1099' s are processed for a fee of $10.00 per form. All subrogation is handled for a flat rate of $500.00 per claim. PGCS receives no monetary rebates, commissions and/or other incentives from the use, recommendation or assignment of any outside/allocated service including but not limited to; surveillance, transportation, rehabilitation and medical providers. All pricing and services are for life of contract only. AMENDMENT TO SERVICE AGREEMENT BETWEEN MONROE COUNTY AND PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS THIS AGREEMENT, made and entered into this 19th day of December, 2007 by and between Board of County Commissioners of Monroe County (hereinafter called "Employer") and Preferred Governmental Claims Solutions, a Florida Corporation, hereinafter referred to as "PGCS". WHEREAS, the Employer presently receives third party administration (TPA) services from PGCS for claims management services for its Workers' Compensation risks, and desires to have PGCS provide specific services in connection with such claims programs; and WHEREAS, the services provided by PGCS are defined in a service agreement between the Employer and PGCS dated April I, 1996; and WHEREAS, said agreement was renewed March 19, 1997; July 8, 1998; August II, 1999; July 17, 2002; October I, 2003; May II, 2004; January 18, 2006; and WHEREAS, a new service agreement was entered September 20, 2006, between the parties, and WHEREAS, said agreement was renewed July 18,2007; and WHEREAS, Attachment B was inadvertently left out of the service agreement entered September 20, 2006 into between the parties; and NOW THEREFORE, the parties hereto agree as follows: I) Adopt and make retroactive to September 20, 2006 Attachment B. 2) In all respects the terms and conditions of the original agreement remain in full force and effect. . IN WITNESS WHEREOF, the E7t;yer and Contractor have caused this amendment to agreement to be executed this rJ 1 \L 1 day of ? 1, 20r[:bJ. . . . , A TrEST: DANNY L. KOLHAGE Board of County mmissioners of Monroe County B~ By: eputy Clerk By ,;A:;u Ie President r""\_..-. ATTACHMENT "B" Monroe County BOCC WORKERS COMPENSATION CLAIMS ADMINISTRATION FLA T RATE: FY 06/07 $90,000 FY 07/08 $94,500 FY 08/09 $100,000 Above pricing is on a per year basis. All services are invoiced on a monthly basis. 1099's are processed for a fee of$10.00 per fonn AU subrogation is handled for a flat rate of$500.00 per claim. The fees listed do not include Managed Care services. Managed Care services can be quoted upon request. PGCS receives no monetary rebates, commissions and/or other incentives from the use, recommendation or assignment of any outside/allocated service including but not limited to; managed care, surveillance, transportation, rehabilitation and medical providers. All pricing and services are for life of contract only. RENEW AL AGREEMENT This renewal agreement is entered into by and between Board of County Commissioners of Monroe County, Florida; 1100 Simonton Street, Room 2-268; Key West, Florida 33040 (hereafter Employer) and Preferred Governmental Claims Solutions, a Florida Corporation, P. O. Box 958456, Lake Mal)', FL 32795-8456, (hereafter PGCS). WHEREAS, on September 20, 2006, the Employer and PGCS entered into an agreement (hereafter the original agreement) whereby PGCS performs claim administration for the Employer's workers' compensation program; and WHEREAS, the current renewal will expire on September 19, 2007 and the Employer desires to extend the original agreement for another year, therefore, the parties agree as follows: 1. This second one-year renewal term will commence immediately upon the expiration of the current contract. Therefore this renewal will become effective September 20,2007, and will expire September 19, 2008. 2. In all other respects the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this 18th day of '--~' 2007 ,..:~'_.~. -'t':",~, . ,/:. :--:; <,,', BOARD OF COUNTY COMMISSIONERS A~~~t:bANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By ~J4-~ Mayor/Chairman PREF~RRE; GOVERNMhTLAIMS SOLUTIONS c ByN ~.6~r;t<<,W (- /~__ . .' N / j \4t P . d . OE COUI'rrY A,'TljR';"'y ',.':- .. ..:.. e resl ent ;-: M l _': ROVED AS ro ,-::(....,:;~/ ..~ I~_~... q , , :z:: . . a.. -.- --- " , r, .__ .1 r,iATILEENE w. CASSEL _. co ASSISTAN COUNTY ATTORNEY I ,J . rh:., . - '. r..!) . '--;L:.J ..... . : .:::> :.~w;':~ aocr: .- r-- ~ ..f" ;>-- ~ L, <:::) c3 c5 <;;;:) :c: C"o.I SEnVICE AGREEl\I.ENT BETWEEN J',"ONROE COl'NTY "\ND PREFERRED GOVERNMENTAL CLAIM SOLlTIONS THIS AGREEMENT is entered into this n~YOfSeptember 20~, by and between Preferrt,;d Governmental Claim Solutions, a Florida Corporation, hereinafter n:fem:d to as "PGCS", and the Monroe County Board of County Commissioners, hereinafter referred to as "COUNTY". WHEREAS, PGCS submitted a bid for the opportunity to manage claims for Workers Compensation services for COUNTY; and WHEREAS, COUNTY accepted the bid submitted by PGCS, wishes to retain the services of PGCS to provide claims management st-Tvices for its Workers' Compensation risks, and desires to have PGCS provide specific services in connection with such claims program; and WHEREAS, PGCS is willing and has the ability to provide such services. NOW THEREFORE the parties agree as follows: 1. TERM. This Agreemcnt shall be effective for a period of One (1) year beginning on the date stated above, and shall remain in full force and effect for one year except as amended or terminated as hereinafter provided. COUNTY at its sole option, shall have the right to renew the contract for an additional two (2) one (1) year periods. 2. CANCELLATION. Either Party shall have the right to terminate the Agreement by giving to the other Party written notice of such termination at least Ninetv (90) days in advance. COUNTY shall pay according to FLORIDA PROMPT PAYMENT ACT and under the terms set out in Section 6 of this Agreement. COUNTY'S failure to pay under the Act shall be construed as a breach of the Agreement and, in such event, PGCS shall have the right to terminate the Agreement by giving COUNTY ten (10) days' written notice. An invoice that is in dispute will not qualify as a failure to payor as a breach of the Agreement. 3. SERVICES TO BE PERFORMED BY PGCS FOR CLAIMS ADMINISTRATION. PGCS agrees to perform the following services with regard to CLAIMS ADMINISTRATION, POCS shall: a. Review all claim and loss reports submitted by COUNTY to PGCS during the term of this Agreement and process each submitted claim or loss report in accordance with Florida Statutes. b. Conduct an investigation of each reportcd claim or loss under subparagraph "a" above (hereinafter referred to as a "qualified claim or loss") consistent with standards and in sutlicient detail to determine the compensability of each claim. c. Maintain a file for each qualified claim or loss which shall be available for review by COUNTY at any reasonable time. d. Adjust settle or resist all qualified claims or losses arising from COUNTY'S Workers' Compensation program with no claims being settled \vithout the prior Approval of COUNTY. e. Perform reasonable and necessary administrative and clerical work in connection with each qualified claim or loss, including the preparation of checks or vouchers. compromises, rdcast.'S, agreements and any other documents to finalize a claim. f Recommend claim rc'Senes and provide a continuous review and updating of 1 1h':5<': to rd1ccl chang-.:s (I PGes \vill ~Issi:,t COLNTY ;Ii arranging;} I,)s::; and expense pclyJl1ent "". account. h. Provide notict: ofc/aims and routine status reports to COUNTY'S Excess Insurer in accordance with the Excess Insurer's standard re.:porting n:quiremcnts. COUNTY will provide PGCS with the name, addre.:ss :md telephone.: number of its Excess Insurer. PGCS will fully cooperate with COUNTY'S Excess Insurer and take no action, or lack of action that will jeopardize COUNTY'S rights to recovery under the policy. 1. Coordinate investigations on litigated claims with attorneys approved by COUNTY and with adjusters and attorneys of the excess insurance carrier as required. This includes the negotiation of settlements and preparation of subrogation and contribution actions. It is expressly understood by the Parties to this Agreement that all legal costs and loss payments will be charged to COUNTY'S Loss Fund. J- All sizable and unusual claims will be reviewed by PGCS's staff at no additional cost to COUNTY, to ensure efficient and proper administration is provided. k. PGCS will furnish one set of loss and information reports (as specified in PGCS's proposal) to: COUNTY'S Insurance Agent, COUNTY'S Risk Management Consultant and COUNTY'S Excess Insurer. 1. Additional optional and ad hoc information and analysis reports and services can be provided on a time and expense basis, as mutually agreed upon by PGCS and COUNTY. m. Provide COUNTY and its Excess Insurer with narrative or analytical reports on all qualified claims with a total incurred in excess of $50,000, every ninety (90) days. n. Provide COUNTY with claim and other forms mandated by the State of Florida's statutes and regulations to ensure efficient administration of COUNTY'S self-insured Workers' Compensation program. o. Investigate and pursue all subrogation and Second Injury Disability Trust Fund possibilities (to the extent permitted by law) on behalf of COUNTY. COUNTY will receive the benefit of all recoveries associated with these activities. p. Provide all personnel necessary to effectively perform the services agreed to herein. 4. SERVICES TO BE PERFORMED BY PeCS FOR WORKERS' COMPENSATION AND MEDICAL CONTROL. With regard to WORKERS' COMPENSATION and MEDICAL CONTROL, PGCS shall: a. Arrange for independent medical or other experts in connection with processing qualified claims or losses as is mutually agreeable to PGCS and COUNTY. b. Pay medical and death benefits, temporary and permanent disability compensation and other losses and expenses by only if in the judgme.:nt of PGeS, such payment would be prudent for COUNTY and the anticipated amount thereof does not ..:xceed the stated settlement authority or, in any case. COUNTY specifically approves or directs such action. c. Assist in CO(;]\;1'Y'S sdection of a pand of physicians or othe.:r providers of health care to initially treat employees and a panel of medical specialists to provide long-term or specialty care. 2 d. Cotlsulf \\ ith CUUNTY ill ()rder to devdop \\'3)'S of using any medical J~lci/ilj more c.ffccti\cly. e. I\.lonitor the treatment programs recommended for employees by physicians. specialists and other health care providers by reviewing medical reports so prepared and by maintaining contact with the providers as is consistent with industry standards. r ,\s COUNTY directs. assist in interpreting medical reports to consider the circumstances under which an injured employee who desires to do so could return to work in the shortest period of time without adversely effecting the employee's recovery. g. Assist COUNTY in arranging for rehabilitation or retraining of employees in appropriate cases; charges for tht.'Se programs shall be considered allocated expense and charged to COUNTY. h. Reprt.'Sent COUNTY at all hearings, mediations and trials at no additional costs. With the specific approval of COUNTY, which wiII be proved on a case by case basis, such representation may be conducted by telephone. 1. Conduct quarterly meetings (at no charge) with COUNTY officials to review the claim activity and develop methods for reducing the claim costs. Such meetings shall take place at COUNTY'S offices in Key West, Florida or at the offices ofPGCS located in Lake Mary, Florida. 5. SERVICES TO BE PERFORMED BY PGCS FOR PROGRAM DEVELOPMENT. With regard to PROGRAM DEVELOPMENT, PGCS shall: a. Consult with key personnel of COUNTY on the establishment and coordination of necessary procedures and practices to meet any applicable state requirements and needs of COUNTY. b. Participate in the orientation of COUNTY'S personnel who are directly or indirectly involved in the processing of qualified claims or losses. c. Review the development of COUNTY'S program periodically with representatives of COUNTY in order to identify problems and recommend corrective action. 6. COMPENSATION TO PGCS. a. Total Compensation to PGCS under this Agreement shall not exceed Ninety Thousand Dollars ($90,000.00) for the first year. If COUNTY exercises its option to renew, the compensation for additional years shall be Ninety-Four Thousand Five Hundred Dollars ($94,500.00) for second year and One Hundred Thousand Dollars ($100,000.00) for the third year. Pricing is for Worker's Compensation, including Medical only and Lost Time Claims Administration. Pricing is on a flat rate basis with invoicing performed on a monthly basis. 1099 are to be processed for a $10.00 fee per form. All report filing includes excess reporting, monthly loss reports, quarterly large loss reports, check processing, check register wports and BS I _I T s. b. COUNTY'S performance and obligation to pay under this agreement, is contingent upon arumal appropriation by the Board of County Conunissioners. c. COUNTY shall at all times provide funds adequate for the payment of qualitied claims or losst..'S and of JlIocatcd loss expenses. For this purpose, allocated loss expenses shall mean all costs, charges or expenses of third parties incurred by PGCS, its agents or its employees, \vhich arc properly chargl.:able to a qualified claim or loss including, \\ ithout limitation, court costs, indepl.:ndent imt..'Stigators, experts and witnesses and fees for obtaining diagrams, reports, documents and photographs, It is cxpn:ssly understood that all fees and expenses of attorneys will be paid directly by COUNTY :lI1d lIpon receipt of slIch invoices. PGCS, shall prepare a voucher and forward it with the original invoice to County's Workers' ... j Clil11rCl1sation :V1:magcr f()!' rcvicw :lI1d processing. IfCOLJNT'y l1J:lb.:s adjustments to the inloicc bct;)!'c paying. PGCS tI.ilJ be notified ol'such :\djustmcnb by County's Work...:rs' Comp~nsation Managcr and paes will adjust thdr payment records to rdk'Ct the actual amoullt paid. d. It is expressly understood that paes shall not be required to advance its own funds to pay losses, allocated loss expenst-'S or banking charges hereunder, or to perform any sen. ices hercunder if COUNTY fails to prov ide adequate funds as herein set forth. e. Parties agree that fee include, but is not limited to I) Administer to conclusion all Worker's Compensation Lost Time and Medical Only Claims, 2) Reduce all medical bills associated with the County's Workers' Compensation claims to the State Fee Schedule, 3) Prepare and file on behalf of the County all mandated State Reports, 4) prepare and distribute I 099's as required by law. f. The annual fee as stated in paragraph 6a above is a flat annual fee to be paid in 12 equal payments. 7. DISCRETIONARY DISBURSEMENT AUTHORITY LIMIT. The limit on any discretionary payment by PGCS for a qualified claim or loss or for allocated loss expenses, as the case may be, shall be Five Thousand Dollars ($5,000) initially. This amount may be changed at any time by COUNTY upon written notice to PGCS. It is agreed that PGCS shall have full Authority and control in all matters pertaining to the payment, processing, investigation and administration of qualified claims or losses with the limit established by this paragraph with exception of fees and expenses paid to attorneys which will be paid directly by COUNTY. PGCS will make no payment in excess of the Discretionary Disbursement Authority Limit without obtaining Prior approval of County Administrator or his designee. It is further agreed that all checks or drafts in amount in excess of $1 ,000 will require the Signature of two PGCS employees in supervisory positions. All payments in excess of $5,000 will require the written authorization of County Administrator before being issued. 8. TERMS OF AGREEMENT AND CANCELLATION. a. In the event of cancellation or non-renewal of this Agreement, COUNTY, at is sole option, may require that all open claims be transferred to its new administrator or require PGCS to continue administering the claims to conclusion. If COUNTY elects that PGCS is to continue administering the claims, a service fee of One Hundred Dollars ($100) per file per month will be paid for as long as the claim remains open. PGCS will treat as confidential all data furnished by COUNTY or generated as a result of the processing services performed under this Agreement and any other information so designated in writing by COUNTY, and PGCS will make the same effort to safeguard such information as it does in protecting its own confidential data. PGCS reserves the right to gather and utilize, as it sees fit, statistical information from the data base; provided however, that COUNTY'S name and proprietary and/or confidential data are adequately protected and not disclosed. b. In the event of cancellation or non-renewal of this Agreement, PGCS shall provide, at no charge to COUNTY, detailed history of all claims processed during the term of this Agreement on Electronic Data Procl,'Ssing Media. PGCS will cooperate "vith COlJNTY or its new Administrator with all reasonable requests regarding the method and fomlat of the information to be provided. Shipping of all physical claims will be at the sole expense ofCOL'NTY. 9. PRACTICE OF LAW. It is understood and agreed that PGCS will not. pertorm, and COL'NTY will not request performance of any services which may constitute the unauthorized practke of hnv. 4 10. 1)\Ij)Ei\J:'.IFICATlOl\, HOLD It\RMLESS A.l'll) INSlR\NCE. J. PGeS shall be J'ully responsible for eXCI\::isillg l\.:asondbk: cm..: dt all tillles in the performance of it obligations hereunder. b. Nothing in this Agreemt.;l1t shall be construed to indicate that COUNTY will in any way indemnity or hold harmless PGCS. PUCS and COUNTY agree that nothing in this Agreement shall be construed to extend the protections of Florida Statute 768.28 to PGCS. c. PGCS shall indl.:n1J1ify and hold MONROE COUNTY BOARD OF COUNTY COMl\JISSIONERS harmless 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 PGCS occasioned by the negligence, errors, or other wrongful act of omission of PGCS, its employees, or agents. d. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of PGCS to comply with the requirements of this section shall be cause for immediate termination of this agreement. e. Prior to execution of this agreement, PGCS shall furnish, at their own expense, to the COUNTY Certificates of Insurance or a Certified Copy of the actual insurance policy, indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTlY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSNE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates ofInsurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided ifrequested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. Ifrequested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents and volunteers. f. The parties agree to the insurance requirements as set out in Attachment A attached hereto and made a part hereof. J I. NOTICES. Any notice required to be given under this Agreement shall be sent by certitied mail to the following: POR COCNTY FOR PGCS ,\lol1roc County Mr. Kevin Cothon :\Ianager of Worker's Compensatioll Vice President 5 Gato Building Prckrn:d Governmental 1100 Sill101llC)ll Stred Claim Solutiolls Suite 2-268 P.O. Box 958456 Key Wl:st, FL 33040 Lake Mary, FL 32795-84456 12. HK\DINGS. Headings have been inserted in this Agreement as a matter ofeonvenience of reference only, and it is agn:ed that such section headings are not a part of this Agreemcnt and will not be used in the interpretation of any provision of this Agreement. 13. GOVERNING LAW AND VENUE. This Agreement shall be goVt:med by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the t.'l1forcement or interpretation of this Agreement, COUNTY and PGCS agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 15. NON-DISCRIMINATION. COUNTY and POCS 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 ofthe court order. COUNTY or POCS 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 use ss. 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, ss. 523 and 527 (42 use ss. 69Odd-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 use s. et seq.), as amendt,'d, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act ofl990 (42 use s. 1201 Note), as maybe amendt,'(} from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter 0 f this Agreement. 16. WAIVER. A waiver by either party of any breach of this Agreement shall not be binding upon the waiving party unless such waver is in writing signed by authorized person for PGeS and approved by BOec. In the event of a written waiver, such waiver shall not afttxt the waiving paliy's rights with respect to any other or h.lrther breach. The making or acceptance ofa payment by either pmty with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent c1d~lUlt or breach. 6 17. SE', ER\BlLlTY. The il1\aliclil). illegality, or !lnclltorcL':lbility OfclllY provision Oflhis \slCCl1lcnl. or I he l)CCLlITcncc of all)-.:vcnt rcnd-.:ring In) purtio11 or provision of (his. \6rC(; 111<..: llt void, shall in no way affect the validity or enforceability of any other portion or provision of the :\gn:emt.:nL /\ny void provision shall be deemed severed tj'om the ,\grcement and the balance of the l\grecmc11t shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace and stricken provision with a prO\ision that comes as close as possible to the intent of the stricken proVISIOn. 18. ENTIRETY OF AGREEMENT. The partit..'s agrce that this Agreement sets forth the entire agreement between them, and that there are not promises or understandings other than those stated herein. This Agreement supersedes all prior contracts, representations, negotiations, letters or other conununications between COUNTY and PGCS pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. 19. MODIFICATION. This Agreement may not be modified unless such modifications are evidenced in writing signed by both COUNTY and PGCS. Such modifications shall be in the form of a written Amendment executed by both parties. 20. SUCCESSORS AND ASSIGNS, ASSIGNMENT. COUNTY and PGCS each binds itself and its partners, successors, assigns and legal representatives to the other party to this Agreement and to the other party's partners, successors, assigns and legal representatives. PGCS shall not assign this Agreement without express written approval of the BOCC executed in the same manner as this Agreement. 21. 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. 20. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and COUNTY and the PGCS agree that neither COUNTY nor PGCS or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 22. AGREEMENT SUBJECT TO ANNUAL APPROPRIATION. Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the Board of County Commissioners of Monroe County. 23. ATTESTATIONS. PGCS agrees to execute such documents as COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Fn..'C Workplace Statement. 24. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or 3!,Yfeement of any member, officer. agent or employee of ~fonroe County 111 his or l1er indi vidual capacity. and no mcmba, oft/eel', agent or employee of Monroe County shall be liable person:dly on this Agreement or be subject to any persona/liability or :lecoLlntability by reason of the exccution of this Agreement. 7 . 25. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder. PGeS is an independent contractor and not an employee ofCOLNTY. No statement contained in this Agreement shall be construed as to find PGeS or any of its employees, contractors, servants or agents to be employees of COUNTY. 26. CONFLICT OF INTEREST. PGeS assures COLNTY that, to the best of its knowledge, information and belief. the signing of this Agreement does not create contlict of interest that during the time of this Agreement PGeS will not undertake representation of any parties to or before COuNTY seeking to obtain contracts or other benefits from COUNTY. 27. O\\lNERSHIP OF DOCUMENTS. All documents which are prepared in the performance of this Agreement are to be and shall remain, the property of COUNTY and shall be delivered to the Workers' Compensation Manager at any time upon request and no later than thirty (30) days after termination of this Agreement. 28.' DEFINITIONS OF "MEDICAL CASES ONLY" AND "LOST TIME CASES". The following definitions shall apply: "Medical Only Cases" shall mean injuries that require medical treatment for which charges will be incurred, whether or not they are submitted to COUNTY, but which does not result in the disability of the employee, as defined by Florida Statute 440.02( 13), for more than seven (7) days as a result of the injury. "Lost Time Cases" shall mean injuries which result in the disability of the employee, as defined by Florida Statute 440.02(13), for more than seven (7) days. 29. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of whieh shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. /~' d' IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and ,"date fIrst written above. ' , (SEAL) BOARD OF COUNTY COMMISSIONERS B' . ~#~~.FW~IDA~ ~. ~ ~ ,. I Deputy CI k Mayor Mario DfGendjro~ ~ '. .,- , SEP 2 0 2006 SEP 2 0 2006 ;.~;? :-- ;3 'j Date: Date: ,'1.;_-. I (:l' - N J I ~Iaim SolutiPhS- -0 I / =t: . . / . , BY: . . N ' " -"",-., ~' .. Author' U1 ,-1 \.0 Print Name Date: ,1.,21-c-, MUNROE COUNTY ATfORIJEY A PROVED AS T(Z:;.jJ 8 N ILEENE W C,AC-,......., _ SSIST~ c\'. ",f'. Da'fJ----?l-~B m;l. i , I Generallnsuraace Requiremenn (or Contract Between Preferred Govel1lmental Claims Solutio... aad Monroe County, Florida Attachment A As · prHequfsite oldie wort IOverned, or the &oods supplied ..... this cootnct (fnc1udiria the pre-staaina of persoonel aad ~ PGG$ sbaII obtIia. It their own expeaee, iDstnDc:e uspeeifted may ~bed ICbeduJes. which .-e made part oltIUs COIItrIct. POCS wUJ ensure tbIt the iasuruce obtaJaed wUJ extend protectioo to aU Subc<Ja,~ ~ by POCS. As m .......... POCS may require aU S~.... to obtain insurance consisteut wftb..tbe ~ schedules. POCS will aOt be permIUed Co COIN1IeoCe wort 80Wmed by dais COIIhct (iucludfac.......... of~1 and DUItAI) UDdJ "klor;t e\lideac:e of tile required iunace 11M been ftuniJbed eo Ibe County as specifted below. Delaylia tbe CO/IM~~... ofwort. reIUItioa ha tbe ...... ofPGCS to ~ I8IidIcby evideace of.... requlred Insunace. IIaIU not exteGd dMtIllnellI*UIed ill thia coanct IIid aay peadiellDd IJaDure to perbau tal rl"~ ..... be iIIIpowd . if the wort COfftIl-ad CIa .... ~8ed data aad time, except fOr POCS- taiJure to provide _L~ evWeace. POCS 1IIaD-.... tbe required ........ tIIrouahuut .... enth ..... oftbla ~-A lad aay ~.._ specifted ill die III8cIIed ~ FaDure eo comply wiIh CbII JII'OYbioD ~ result fa Ibe 1m...... ....,....... of aU work uadllbe reqafred .....~... beea ~<< repIIIcod. DeIaJIIn tbe ~~ ofwort l'eIIIIdaa 10m tbe &ih.n ofPOCS eo -""'''''II tbe requa.t ........1baD DOt extead ~ IpOCf&d ill dais COIIInIct 8Dd 18)' peeaJtia IDd ......, 110 pedb.m -'fl .-- shall be ~ . Iftbe work.... DOt beea IIIlIpeDded. except tbr POCS' &ihn to _.... ....1'tllpIbd .......-.. POCS IlIaD JIIOYide. to Ihe County, as sads&dory ~ or.... required ...--. either. . Certiftwd.:. of~ or . A Cerd8ed copy oltbe actual fn.tamnce policy. The CowIty. It its IOJe opdon. ba die rfabt to ~. certifted copy of any<< aU insurance poIida required by dlia COIItnct. AD insurance policies ...... spedfy that they .. DOt subject to cancelladon, noa-renewu. lIIlItaiaI cbup. or reduction In cover.p unJes. · minimum ofdUrty (30) days prior nodtlCadon is aMa to die County by die insurer. The IICCepfaace -"or IpprOvaJ of die ContnIctor's Iast.nac:e sbaU DOt be construed as relievina PCiCS &om my liability or ohlipdoa A.4tUJDed under this corMlId or impoted by law. The Monroe County Board of County Commissioaera. lea employees and officials will be included u "Additional Insurecr on aU policiet, except fur Worbn' COI'IlpIUS8tioa. Any deviations &om these 0eneraJ lasunmce Requirements mUll be requested in writina Oft the Cowuy Prepared form entitled "Req.est for Waiver of Ins.nt.c:e Req......e..... and approved by Momoe County Risk Manaaemem.