Item M3 M3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
March 20, 2024
Agenda Item Number: M3
2023-2186
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Brian Bradley
N/A
AGENDA ITEM WORDING: Approval to advertise Request for Proposals (RFP) for consultant
services for the County's Worker's Compensation and Risk Management Programs.
ITEM BACKGROUND:
The County wishes to seek competitive proposals for the renewal of Risk Management Service and
Worker's Compensation Consulting Services.
PREVIOUS RELEVANT BOCC ACTION:
In 2019, the County entered into a contract with Interisk Corporation for a term of three (3)years, with
the County's option to extend for two additional 1-year terms. The original term of the contract expired
on 9/30/2022. The First Amendment was approved by the Board on 4/20/2022. The County then
utilized the second of the two additional 1-year periods, expiring on 9/30/2024.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
P Insurance consulting services 2.27.2024.pdf
FINANCIAL IMPACT:
Effective Date: TBD —the RFP asks for a 3-year agreement with 2 options to renew for 1 year
2323
each with mutual agreement of the parties. If approved, the new contract would take effect on
October 1, 2024.
Total Dollar Value of Contract: TBD —current cost is $59,400.00 per year.
2324
MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
INSURANCE CONSULTING SERVICES
J, 1
F r�.. .. IJ
9
BOARD OF COUNTY COMMISSIONERS
Mayor Holly Merrill Raschein, District 5
Mayor Pro Tern James K. Scholl, District 3
Craig Cates, District 1
Michelle Lincoln, District 2
David Rice, District 4
CLERK OF THE CIRCUIT COURT RISK MANAGEMENT
Kevin Madok Brian Bradley, Risk Manage
WORKERS' COMPENSATION
Mark Gongre, Workers' Compensation
Administrator
Bid opening date: 25, 2024 (3 pm)
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TABLE OF CONTENTS
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATION
SECTION ONE - Instruction to Proposers
SECTION TWO - Draft Agreement
EXHIBIT A - Scope of Services
SECTION THREE - County Forms and Insurance Forms
ATTACHMENTS
1. Questionnaire
2. Schedule of Insurance Coverages
3. Combining Statement of Net Position as of September 30, 2023 for
Internal Service Fund — Risk Management
4. Combining Statement of Revenue, Expenses and Changes to Net
Assets as of September 30, 2023 for Internal Service Fund — Risk
Management
5. Combining Statement of Cash Flows as of September 30, 2023 for
Internal Service Fund — Risk Management
6. Loss Runs for Workers' Compensation for last two years
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Thursday, April 25, 2024, at 3:00 P.M., the Monroe
County Purchasing Office will receive and open sealed responses for the following:
Insurance Consulting Services
Monroe County, Florida
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed
at: www,floridat)ublicnotices.com, a searchable Statewide repository for all published legal
notices. Requirements for submission and the selection criteria may be requested from the
County's electronic bidding platform at httt)s://monroecounty-fl.bonfirehub.com OR
www,monroecounty-fl.gov/BonfireBids. The Public Record is available upon request.
Monroe County Purchasing Department receives bids via the Bonfire electronic bidding platform.
Please do not e m a i l, mail or attempt to deliver in person any sealed bids.Emailed/mailed/physically
delivered bids/proposals/responses WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via the Bonfire
electronic bidding platform at https://monroecouniy-fl.bonfirehub.com, no later than 3:OOP.M. on
April 25, 2024. There is no cost to the bidder to use the Bonfire platform.
Please do not submit your confidential financial information as part of your proposal. There are
separate uploads for each set of documents, including confidential financial information. All
proposals will be made public on the platform after an intended decision or 30 days, whichever is
earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal
document includes financial information, that information will not be considered confidential and
will be available and viewable to the public in accordance with public records law.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
Thursday,April 25, 2024. You may call in by phone or internet using the following:
Join Zoom Meeting
htt_ps://mcbocc,zoom.us/j/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156##US (New York)
+16699006833„4509326156##US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates
Keys Citizen: Thur., 03-14-2024
Keys Weekly: Thur., 03-14-2024
Barometer: Fri., 03-15-2024
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SECTION ONE: INSTRUCTION TO PROPOSERS
1. OBJECTIVE OF THE REQUEST FOR PROPOSAL
Monroe County is seeking a contractor that will provide Insurance Consulting Services
as set out in the Scope of Services — Exhibit A. The contract awarded is anticipated to
be for a period of three initial years, with two (2) additional 1-year terms at the mutual
agreement of the parties. The County's current consultant is Interisk Corporation
(Tampa).
2. CALENDAR
Expected dates are as shown below. The County reserves the right to modify the dates
as necessary.
Date Activity
March 23, 2024 RFP Release Date
April 15, 2024 Deadline for Vendor Questions
April 18, 2024 Addendum Release Date
April 25, 2024 Bid Opening — 3:00 PM. No late bids will be accepted
TBD Selection Committee Ranking Meeting
July 17, 2024 Monroe County BOCC Meeting — Bid Award
October 1, 2024 Contract Effective Date-
3. BACKGROUND INFORMATION
Monroe County ("County") is a non-chartered county and a political subdivision of the
State of Florida. The County is a linear set of islands, approximately 120 miles in
length, stretching from Key West to mainland Florida. County population is
approximately 77,000 (source: United States Census Bureau). Approximately one-third
of the county's population is located in the city of Key West, which is the County seat.
However, County buildings and employees are spread throughout the Florida Keys.
The five-member Board of County Commissioners (BOCC) is the legislative and
governing body for the County. Each County Commissioner is elected County-wide.
The Commission annually elects a chairperson (Mayor). The BOCC has all the powers
of a body corporate, including the powers to contract; to sue and be sued; to acquire,
purchase, hold, lease and convey real estate and personal property; to borrow money
and to generally exercise the powers of a public authority organized and existing for the
purpose of providing community services to citizens within its territorial boundaries. In
order to carry out this function, the county is empowered to levy taxes to pay the cost of
operations.
The BOCC appoints a County Administrator, who is responsible for all day-to-day
administration of the County. The BOCC also appoints a County Attorney, who is
responsible for legal services for the County.
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4. DESCRIPTION OF CURRENT INSURANCE PROGRAM
Risk:
Risk is administered by the Risk Management group, within the County Attorney's
Office.
Liability: The cornerstone of the County's liability insurance program is a primary
liability program with a $200,000 self-insured retention, with additional coverage up to
$5 million provided by Florida League of Cities/Florida Municipal Insurance Trust. The
policy provides coverage for general liability, vehicle liability, and cyber liability
coverage. The County also maintains additional specialized liability coverage, through
FMIT and other carriers, for additional events, including airport liability, professional
negligence for flight nurses, drone coverage, and VFIS.
Of note, the County runs its own air ambulance program using helicopters owned by
the Monroe County Sheriff but staffed with Monroe County Fire Rescue paramedics
and flight nurses.
Property: The cornerstone of Monroe County's property and casualty insurance
program is a primary property program with a $5 million-dollar Named Storm limit and
$1 million-dollar deductible and a $5 million-dollar parametric layer with no deductible.
Separate multiple wind and flood policies with $1 million limits on each; and an excess
policy in the amount of$50 million. The County also has other separate policies as
shown in Attachment 2.
Workers' compensation: The County's workers' compensation insurance program
covers not only employees of the Monroe County Board of County Commissioners, but
also employees of the five constitutional officers within the County (Clerk, Sheriff, Tax
Collector, Supervisor of Elections, and Property Appraiser), as well as Land Authority
and, by statute, Fire Rescue volunteers (approximately 1700 covered individuals). The
County's workers compensation program is self-insured, with a $500,000 self-insured
retention as well as excess coverage in excess of that limit. The County also maintains
an Employer's Liability policy in the amount of up to $1 million per occurrence.
Workers' compensation is housed within the Employee Services and utilizes the
services of a Third-Party Administrator (currently Relation Insurance).
Both: The County maintains internal service funds for funding its self-insured property
and casualty insurance program and its workers' compensation coverages.
The County's operating budget (exclusive of capital and personnel) is approximately $
208 million.
5. SCOPE OF THE WORK TO BE PROVIDED BY PROPOSER
The scope of services are described in Exhibit A of this document.
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6. OTHER REQUIREMENTS
The firm selected must enter into a Business Associate Agreement that will certify
that all staff members, independent contractors, subcontracted work, if any, all
service providers it uses, engages or manages, comply with Health Insurance
Portability and Accountability Act (HIPAA) privacy and security rules.
Proposals received from firms that have contractual relationships that would preclude
the firm from being unbiased in the services provided to the County will not be
selected. The proposer must disclose whether it receives commissioners or fees
from, or has any contractual relationships with, any persons or entities that provide
coverage or other services in the areas of workers' compensation or risk
management.
The Proposer must warrant that it has not employed or retained a company or
person, other than a bona fide employee, contractor or subcontractor, working in its
employ, to solicit or secure a contract with the County and that it has not paid or
agreed to pay any person, company, corporation, individual or firm any fee,
commission, percentage, gift or other consideration contingent upon or resulting from
an award or contract with the County, other than a bona fide employee, contractor or
subcontractor of the proposer.
The firm and its employees who are responsible and accountable for the county's
account and subcontractors, if any, must have all necessary current licenses issued
by the Florida Department of Insurance. Proper documentation shall be attached to
the proposal in Tab 6.
The County will not consider any insurance company, insurance agency, insurance
broker, third party administrator, or officer, director, agent or employee of any of the
foregoing. If a proposer is a consultant and is not a broker but accepts fees or
commissions, that proposer is not precluded from bid consideration but must disclose
the fees and commissions received within the past 12 months and the source.
The County will not consider any consulting firm owned or controlled by an insurance
company, insurance sales organization, third party administrator or any consulting
firm which owns or controls any insurance company, insurance sales organization, or
third-party administrator.
7. COMPENSATION AND PAYMENT TERMS
• The County is requesting that the Respondent quote a fixed annual fee that
encompasses the entire scope of services requested in Exhibit A.
• The contractor shall submit to the County an invoice with supporting
documentation acceptable to the Clerk on a schedule as set forth in the contract.
Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of
funds.
• The contractor will submit such invoice monthly for services provided during
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the preceding month. The invoice will include a record of employee time
worked and differentiate time worked at the rate for the different
classification.
• Upon receipt of the contractor's invoice in the proper form as stipulated
above and upon acceptance by the Clerk, Monroe County will make
payment in accordance with the Florida Local Government Prompt Payment
Act, Section 218.70, Florida Statutes.
8. REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION. Request
for additional information or clarification relating to the specifications of this
Request for Proposals shall be submitted in writing directly to:
Brian Bradley, Risk Manager
Monroe County
1111 12th St., Suite 408
Key West, FL 33040
bra iey®brian(c monroecounty®fl.gov
All requests for additional information must be received no later than 3:00 p.m. April 15,
2024. Any requests received after that date and time will not be answered.
Any interpretation, correction or change of the RFP will be accomplished by Addenda
and if issued will be furnished by posting on the website at _https://monroecounty®
fl.bonfirehub.com OR www.monroecount�v/ onfire ids prior to the established
opening date. Interpretations, corrections, or changes of the Bidding Documents
made in any other manner will not be binding and Bidders shall not rely upon such
interpretations and changes. Oral requests for additional information will not be
answered.
All addenda are a part of the contract documents and each Proposer will be bound by
such addenda, whether or not received by him/her. It is the responsibility of each
Proposer to verify that he/she has received all addenda issued before responses are
opened.
9. SUBMISSION; BID OPENING DATE.
Vendors shall submit their proposals in accordance with instructions in the Notice of
Request for Competitive Solicitations.
The proposal must be received on or before 3:00 P.M. local time on April 25, 2024.
No proposals will be accepted after 3:00 P.M. Bonfire will not allow any proposals to
be uploaded after the time and date for receipt of proposals.
The Proposer shall assume full responsibility for timely delivery via upload to Bonfire.
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10. FORMAT AND CONTENT OF PROPOSALS
The proposal submitted in response to this Request for Proposals (RFP) shall be clear
and concise, and provide the information requested herein. Responses shall be
organized as indicated below. The Proposer should not withhold any information from
the written response in anticipation of presenting the information orally or in a
demonstration, since oral presentations or demonstrations may not be solicited. Each
Proposer must submit adequate documentation to certify the Proposer's compliance
with the County's requirements. Proposer should focus specifically on the information
requested.
Format. The proposal, at a minimum, shall include the following:
A. Cover Page.
A cover page that states "Requests for Proposals for Insurance Consulting
Services". The cover page should contain Proposer's name, address, telephone
number, and the name of the Proposer's contact person.
B. Tabbed Sections
Tab 1. General Information Behind this tab, the Proposer shall supply the following
information:
(a) An overview of the firm's experience.
(b) The length of time the firm has been providing Insurance Consulting Services
(c) Statement of the firm's commitment to higher education of its consultants within
the insurance and risk management disciplines.
(d) Other experience.
(e) Description of reference material and computer software specific to workers'
compensation and risk management.
(f) Resumes of all key members of the account team that will be assigned as
consultants including professional designations.
(g) 3-5 customer references along with their telephone numbers, addresses and
names of the persons who can be contacted to provide a reference. (Florida
government clients will be preferred, and current clients of the firm will be
preferred over former.) (Monroe County Code section 2-347(h)(5)(f).)
(h) Credit references (3-5), including name, current address and current telephone
number. (Monroe County Code section 2-347(h)(5)(g).)
(i) Financial information for the past three (3) years for the Proposer, and for any
entity that is a subsidiary to the Proposer, if named separately as a provider.
(Monroe County Code section 2-347(h)(5)(h).)'
Please mark as "Confidential"to exercise exemption under F.S. 119.071(1)(c)and upload by separate
upload to Bonfire to maintain confidentiality. The County shall incur no liability for inadvertent disclosure
of financial records that are not properly marked or submitted.
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Tab 2. Relevant Experience
Behind this tab, the Proposer shall describe any relevant experience, including a record
of performance and professional accomplishments by Proposer and employees,
including professional accomplishments, and any work with large companies or
government entities.
The Proposer shall provide a list of similar contracts or agreements currently in force to
include:
Name and full address
Telephone number of client contact
Date of initiation and completion of contract
Summary of the services and geographical area served
Tab 3. Services, Approach and Availability of Service to County
(a) The Proposer shall describe the approach and methodology he/she will take
to accomplish the services described in Exhibit A. This shall include information on
schedule and availability, staffing, whether sub-contractors are used, and any other
relevant information explaining how the services will be accomplished.
(b) The Proposer should describe the delivery of each service listed in the
Scope of Services (Exhibit A) in this RFP and how this will be accomplished. The
Proposer should respond in detail and avoid a general overall response.
Tab 4. Structure of Business Entity and Litigation
In accordance with Section 2-347(h) of the Monroe County Code, the Proposer must
provide the following information:
(1) A list of the person's or entity's shareholders with five (5) percent or more of the
stock or, if a general partnership, a list of the general partners; or, if a limited
liability company, a list of its members; or, if a solely owned proprietorship,
names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the
number of years it has been providing the services, goods, or construction
services called for in the bid specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name
and any prior names;
(5) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors,
ever failed to complete work or provide the goods for which it has
contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending
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or outstanding against the person, principal of the entity, or entity, or any
entity previously owned, operated or directed by any of its officers,
directors, or general partners? If yes, provide details;
c. Has the person, principal of the entity, entity, or any entity previously
owned, operated or directed by any of its officers, major shareholders or
directors, within the last five (5) years, been a party to any lawsuit,
arbitration, or mediation with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major
shareholders or directors, ever initiated litigation against the county or
been sued by the county in connection with a contract to provide services,
goods or construction services? If yes, provide details;
e. Whether, within the last five (5) years, the owner, an officer, general
partner, principal, controlling shareholder or major creditor of the person or
entity was an officer, director, general partner, principal, controlling
shareholder or major creditor of any other entity that failed to perform
services or furnish goods similar to those sought in the request for
competitive solicitation.
Tab 5. Other Information
Proposer shall provide any additional information which will present evaluators with
insight about the knowledge, skills and abilities of the Proposer.
If the Proposer cannot fully comply with any of the terms contained in the draft contract,
shown in Section Two, all deviations to the terms must be spelled out in this section, i.e.
Tab 5.
Tab 6. Forms and Licenses
Proposer shall complete, execute and attach the forms listed below, which are located
in Section Three in this RFP, as well as a copy of a business tax receipt from the Tax
Collector office and shall include them in this section, i.e. Tab 6:
Forms
Submission Response Form (from Section Three of this RFP)
Questionnaire (Attachment 1)
Lobbying and Conflict of Interest Ethics Clause
Non-Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
11. TREATMENT OF CONFIDENTIAL AND TRADE SECRET INFORMATION
Any information that the proposer wishes to treat as confidential or trade secret (including
past 3 years financial information) must be marked as "Confidential' to exercise
exemption under F.S. 119.071(1)(c) and uploaded by separate upload to Bonfire to
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maintain confidentiality. The County shall incur no liability for inadvertent disclosure of
financial records that are not properly marked or submitted.
12. DISQUALIFICATION OF PROPOSER
A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in
response to this invitation must execute the enclosed NON-COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the Proposers,
the proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future proposals for the
same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may
not submit a proposal on a contract to provide any goods or services to a
public entity, may not submit a proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not
submit Proposals on leases or perform work as a contractor, supplier,
subcontractor, or contractor under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
Category Two: $25,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or
proposal in response to this invitation must execute the enclosed
DRUG- FREE WORKPLACE FORM and submit it with his/her
proposal. Failure to complete this form in every detail and submit it with
the bid or proposal may result in immediate disqualification of the bid or
proposal.
D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any
person submitting a bid or proposal in response to this invitation must
execute the enclosed LOBBYING AND CONFLICT OF INTEREST
CLAUSE and submit it with his/her bid or proposal. Failure to complete
this form in every detail and submit it with the bid or proposal may result
in immediate disqualification of the bid or proposal.
13. EXAMINATION OF RFP DOCUMENTS
A. Each Proposer shall carefully examine the RFP and other contract
documents, and inform himself/herself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost,
progress, or performance of the work to be performed under the contract.
Ignorance on the part of the Proposer shall in no way relieve him/her of
the obligations and responsibilities assumed under the contract.
B. Should a Proposer find discrepancies or ambiguities in, or omissions
from, the specifications, or should he be in doubt as to their meaning, he
shall at once notify the County.
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14. GOVERNING LAWS AND REGULATIONS
The Proposer is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, professional license requirements
and regulations that in any manner affect the work. Knowledge of business tax
requirements and the responsibility for paying the tax in Monroe County and
municipalities within Monroe County are the responsibility of the Proposer.
15. SIGNATURE OF PROPOSALS
Signature of the Proposer: The Proposer must sign the response forms in the space
provided for the signature. If the Proposer is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and
the words "Member of the Firm" should be written beneath such signature. If the
Proposer is a corporation, the title of the officer signing the Response on behalf of the
corporation must be stated along with the Corporation Seal Stamp and evidence of his
authority to sign the Response must be submitted. The Proposer shall state in the
response the name and address of each person having an interest in the submitting
entity.
16. MODIFICATION OF RESPONSES
Prior to the time and date designated for receipt of proposals, any proposals submitted
may be modified by removing the existing proposal from Bonfire and uploading a new
complete proposal.
Faxed or e-mailed modifications shall be automatically rejected.
Proposals may be withdrawn on Bonfire prior to the time of the bid opening.
Withdrawn proposals may be resubmitted on Bonfire up to the time designated for the
receipt of proposals provided that they are then fully in conformance with these
Instructions.
17. PROPOSER SOLELY RESPONSIBLE FOR COST OF PROPOSAL
The Proposer is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
18. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Proposers' names shall be read aloud at the appointed time and place stated in the
Notice of Request for Competitive Solicitations. Monroe County's representative
authorized to open the responses will decide when the specified time has arrived,
and no responses received thereafter will be considered. No responsibility will be
attached to anyone for the premature opening of a response not properly addressed
and identified. Proposers or their authorized agents are invited to be present.
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The County reserves the right to reject any and all responses and to waive technical
errors and irregularities as may be deemed best for the interests of the County.
Responses that contain modifications are incomplete, unbalanced, conditional,
obscure, or that contain additions not requested or irregularities of any kind, or that
do not comply in every respect with the Instruction to Proposer and the contract
documents, may be rejected at the option of the County.
19. EVALUATION CRITERIA
Award shall be made to the responsible proposer whose proposal is determined to
be the most advantageous to the County, taking into consideration the evaluation
criteria set forth below:
Experience and Qualifications 30 points
Ability to provide all required services 30 points
Cost of services 35 points
Location of firm 5 points
Total 100 points
Total points earned are on a scale of 1 — 100
points 1 = lowest 100 = highest
A Selection Committee will be analyzing proposals and providing recommendations
to the County Administrator who will ultimately make a recommendation to the Board
of County Commissioners regarding which individual or firm should be hired.
20. AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for the services
based on geographic area or otherwise, and to waive any informality in any response,
or to re-advertise for all or part of the work contemplated. It is possible that one or more
Proposers will be chosen.
B. The County reserves the right to reject all proposals.
21. INSURANCE REQUIREMENTS
The Proposer shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the proper insurance forms are not received within the fifteen (15) day
period, the contract may be awarded to the next selected Proposer. Policies shall be
written by companies licensed to do business in the State of Florida and having an
agent for service of process in the State of Florida. Companies shall have an A.M. Best
rating of VI or better and a financial rating of A- from A.M. Best. The required insurance
shall be maintained at all times while Proposer is providing service to County, and the
vendor to whom a contract is awarded shall provide updated certificates of insurance to
demonstrate that the appropriate coverages are current and in force as necessary.
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Workers' Compensation
Statutory Limits
Employers' Liability Insurance
Bodily Injury by Accident $100,000
Bodily Injury by Disease, policy limits $500,000
Bodily Injury by Disease, each employee $100,000
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability
(Owned, non-owned and hired vehicles) $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
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$50,000 per person
$100,000 per occurrence
$25,000 property damage
Professional Liability $300,000 per Occurrence
$500,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability
policy and Vehicle Liability Policies.
22. INDEMNIFICATION
The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless
the County as outlined below.
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the Proposer or any of
its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or
omission of the Proposer, its Subcontractor(s), their officers, employees, servants or
agents.
In the event that the service is delayed or suspended as a result of the Vendor's failure
to purchase or maintain the required insurance, the Vendor shall indemnify the County
from any and all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for
the indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
23. EXECUTION OF CONTRACT
The Proposer will be required to execute a contract with the County for the services
provided for in this RFP. The Proposer with whom a contract is negotiated shall be
required to return to the County a fully executed Contract together with the required
certificates of insurance. A Draft of the contract is attached in Section Two.
If the Proposer cannot fully comply with any terms contained in the draft contract, shown
in Section Two, all deviations to the terms must be spelled out in Tab 5, Other
Information.
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24. AMERICANS WITH DISABILITIES ACT.
Individuals covered by the Americans with Disabilities Act of 1990 in need of
accommodations to attend public bid openings or meetings should contact Monroe
County Administrator's office at (305) 292-4443 at least three days prior to the date for
the bid opening or meeting.
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SECTION TWO: DRAFT AGREEMENT
MONROE COUNTY
CONTRACT FOR
INSURANCE CONSULTING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this _ day of
_ by MONROE COUNTY ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and
_ ("CONTRACTOR"), whose address is
This Agreement shall consist of this contract document, the Request for Proposal (RFP)
issued by Monroe County for these services, and the Proposal submitted by the
Contractor in response to the RFP, all of which are incorporated by reference.
Section 1. SCOPE OF SERVICES
CONTRACTOR shall do, perform and carry out in a professional and proper manner
certain duties as described in the Scope of Services — Exhibit A—which is attached
hereto and made a part of this agreement.
CONTRACTOR shall provide the scope of services in Exhibit A for COUNTY.
CONTRACTOR warrants that it is authorized by law to engage in the performance of
the activities herein described, subject to the terms and conditions set forth in these
Agreement documents. The CONTRACTOR shall at all times exercise independent,
professional judgment and shall assume professional responsibility for the services to
be provided. Contractor shall provide services using the following standards, as a
minimum requirement:
A. The CONTRACTOR shall maintain adequate staffing levels to provide the
services required under the Agreement resulting from this RFP process.
B. The personnel shall not be employees of or have any contractual
relationship with the County. To the extent that Contractor uses
subcontractors or independent contractors, this Agreement specifically
requires that subcontractors and independent contractors shall not be an
employee of or have any contractual relationship with County.
C. All personnel engaged in performing services under this Agreement shall
be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
Section 2. QUALIFICATIONS NECESSARY OF CONTRACTOR
The CONTRACTOR must warrant that it does not have contractual relationships that
would preclude the firm from being unbiased in the services provided to the County.
The CONTRACTOR must provide a list annually, listing any contractual relationship
between the CONTRACTOR and any persons or business entities that provide
services in the areas of Workers' Compensation and/or Risk Management.
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The CONTRACTOR must provide an adequate staff of experienced personnel,
capable of and devoted to the successful accomplishment of work to be performed
under any contract with the County. The CONTRACTOR must assign specific
individuals to the key positions. Once assigned to work under any contract with the
County, key personnel shall not be moved or replaced without prior written
notification to the County.
The following persons will provide the services under this Agreement:
Any change to the above listed personnel requires notification to the County, in
writing, within three (3) business days after implementation of the change.
The CONTRACTOR must warrant that it has not employed or retained a company or
person, other than a bona fide employee, contractor or subcontractor, working in its
employ, to solicit or secure a contract with the County and that it has not paid or
agreed to pay any person, company, corporation, individual or firm other than a bona
fide employee, contractor or subcontractor, working in its employ any fee,
commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of a contract with the County.
The firm and its employees who are responsible and accountable for the county's
account and subcontractors, if any, must have all necessary current licenses issued
by the Florida Department of Insurance. Proper documentation shall be attached to
the contract.
The CONTRACTOR must warrant that it is not owned or controlled by an insurance
company, insurance sales organization, third party administrator or any consulting
firm which owns or controls any insurance company, insurances sales organization,
or third-party administrator.
Section 3. COUNTY'S RESPONSIBILITIES
The County shall provide the information required by the Contractor to perform the
Scope of Services.
Section 4. TERM OF AGREEMENT
4.1 The initial Agreement term (the Initial Term) shall be for three (3) years beginning
the day of , 2024 (the effective date).
4.2 Thereafter, this Agreement may be renewed, at the mutual agreement of the
parties, for two (2) additional terms of one year each.
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Section 5. COMPENSATION
Compensation to CONTRACTOR shall be $ per year.
Section 6. PAYMENT TO CONTRACTOR
By entering into this Agreement, the CONTRACTOR warrants that it understands
that the Contract price represents the full compensation for all services under
this Agreement, and further warrants that it will not retain any compensation of
any kind, including but not limited to commissions, fees, and other payments,
from any entity that supplies Workers' Compensation or Risk Management
services to the COUNTY, including but not limited to carriers, third party
administrators or providers. The CONTRACTOR understands and agrees that in
the event of breach of this provision, the Agreement is voidable, and
CONTRACTOR will disgorge any and all compensation earned to that point in
time and will waive any right to any additional compensation from that point
forward.
6.1 Payment will be made according to the Florida Local Government Prompt
Payment Act Section 218.70 Florida Statutes. 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. The CONTRACTOR must submit invoices to the appropriate offices
marked Group Insurance. The respective office supervisor and the Director of
Employee Services, who will review the request, note his/her approval on the
request and forward it to the Clerk for payment.
6.2 This Agreement is contingent upon annual appropriation by Monroe County Board
of County Commissioners.
6.3 The compensation listed in Section 5 will be payable in monthly installments.
The CONTRACTOR will submit such invoices monthly for services provided
during the preceding month.
Section 7. CONTRACT TERMINATION
Either party may terminate this Agreement with or without cause upon ninety (90) days'
notice to the other party in accordance with Section 9 of this Agreement. The County
shall pay CONTRACTOR for all work performed through the date of termination.
Section 8. NOTICES
Any notice required or permitted under this Agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
To the COUNTY: Risk Management Administrator
1111 121h St., Suite 408
Key West, Florida 33040
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With a copy to: Monroe County Attorney
1111 12th St., Suite 408
Key West, FL 33040
To the CONTRACTOR:
Section 10. RECORDS
CONTRACTOR 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 four years following the termination of this Agreement. If an auditor employed
by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to
this Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR 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
CONTRACTOR.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to
perform the service.
b. Upon request from the public agency's custodian of public records, provide
the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the contractor keeps and maintains public
records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to Monroe County, upon request from the public agency's custodian of records,
in a format that is compatible with the information technology systems of
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Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY, AT(305)292-34709
bradLey-_brianj5monroecountv4l.gov, c/o Monroe County Attorney's
Office, 1111 1211 St., Suite 408, Key West FL 33040.
Section 11. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND
020-1990
The CONTRACTOR 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 Monroe County 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.
Section 12. CONVICTED VENDOR
By signing this agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from County's
competitive procurement activities.
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 an Agreement with a public
entity for the construction or repair of a public building or public work, may not perform
work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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.
Section 13. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
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
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administrative body in Monroe County, Florida.
Section 14. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR 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.
Section 15. ATTORNEYS FEES AND COSTS
The COUNTY and CONTRACTOR 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.
Section 16. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section 17. 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.
Section 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This Agreement shall not be subject to
arbitration.
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Section 19. 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 CONTRACTOR 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 CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
Section 20. NONDISCRIMINATION
COUNTY and CONTRACTOR 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 VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination in employment on the basis of race, color, 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 USC
ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 29-255), 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 USC ss. 690dd-3 and
290ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ss. 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 s. 1201), as may be amended from
time to time, relating to nondiscrimination 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.
Section 21. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
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Section 22. CODE OF ETHICS
The parties understand and agree that officers and employees of the COUNTY are
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.
Section 23. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR 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 CONTRACTOR 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.
Section 24. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR 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.
Section 25. 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 the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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.
Section 26. ATTESTATIONS
CONTRACTOR 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
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Clause, and Non-Collusion Agreement.
Section 27. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which 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. An electronic signature may be used to execute the Agreement.
Section 28. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 29. INSURANCE POLICIES
29.1 General Insurance Requirements for Other Contractors and
Subcontractors.
As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own
expense, insurance as specified in any attached schedules, which are made part of this
contract. The CONTRACTOR will ensure that the insurance obtained will extend
protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the
CONTRACTOR may require all Subcontractors to obtain insurance consistent with the
attached schedules; however CONTRACTOR is solely responsible to ensure that said
insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide
proof of insurance shall be grounds for termination of this Agreement.
The CONTRACTOR will not be permitted to commence work governed by this contract
until satisfactory evidence of the required insurance has been furnished to the COUNTY
as specified below. Delays in the commencement of work, resulting from the failure of
the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and
time, except for the CONTRACTOR's failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced and/or termination of this Agreement and for
damages to the COUNTY. Delays in the completion of work resulting from the failure of
the CONTRACTOR to maintain the required insurance shall not extend deadlines
specified in this contract and any penalties and failure to perform assessments shall be
imposed as if the work had not been suspended, except for the CONTRACTOR's failure
to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
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• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on general liability and vehicle liability policies.
29.2 General Liability Insurance Requirements For Contract Between
County And Contractor
(Note: amounts of coverage are subject to change in final contract)
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
29.3 Vehicle Liability Insurance requirements
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The minimum limits acceptable shall be owner and non-owned and hired vehicles:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limit is:
$50,000 per Person
$100,000 per Occurrence
$25,000 Property Damage
29.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
29.5 Professional Liability Requirements
Recognizing that the work governed by this contract involves the furnishing of advise or
services of a professional nature, the Contractor shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
damages resulting from any claim arising out of the performance of professional services
or any error or omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$300,000 per occurrence and $500,000 aggregate
Section 30. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless
the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys
fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful
nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance
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of this contract. The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of indemnity set forth in
this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners.
As used in this section, the term "Contractor" shall include any subcontractors used by
the Contractor.
Section 30. Federal Contract Clauses. A portion of the funds used to pay for these
services are expected to come from federal awards, as that term is defined in 2 CFR
part 200. Therefore, the following federal contract clauses from 2 CFR part 200 are
incorporated in and made part of this Agreement:
a. Debarment and Suspension (Executive Orders 12549 and 12689)—
A contract award (see 2 CFR 180.220) will not be made to parties
listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies,
as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
b. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that
apply or bid for an award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the non-
Federal award.
c. Americans with Disabilities Act of 1990 (ADA) — Contractor will
comply with all the requirements as imposed by the ADA, the
regulations of the Federal government issued thereunder, and the
assurance by the CONTRACTOR pursuant thereto.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation - It
is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part
26, as amended, shall have the opportunity to participate in the
performance of contracts financed in whole or in part with COUNTY
funds under this Agreement. The DBE requirements of applicable
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federal and state laws and regulations apply to this Agreement. The
COUNTY and its CONTRACTOR agree to ensure that DBE's have
the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity
to compete for and perform contracts. The COUNTY and the
CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
e. The Contractor shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all
new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing
work or providing services pursuant to the Contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
f. No Obligation by Federal Government. The federal government is
not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
g. Program Fraud and False or Fraudulent Statements or Related Acts.
The Contractor acknowledges that 31 U.S.C. Chapter 38
(Administrative Remedies for False Claims and Statements) applies
to the Contractor's actions pertaining to this contract.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day of 2024.
(Seal) Monroe County Board of County
Commissioners
Attest: Kevin Madok, Clerk
By: By:
As Deputy Clerk Mayor
(Corporate Seal) Contractor:
Witness:
By: By:
Printed Name: Printed Name:
Title:
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EXHIBIT A
SCOPE OF SERVICES
SPECIFICATIONS
The County desires to enter into a contractual partnership with the selected Contractor
for insurance consulting services to include those services necessary to assist the
County in achieving its goals as outlined in this RFP. The selected Contractor will
represent, market and service the Property and Casualty and workers' compensation
needs of the County to include:
• Providing expert insurance consultation and assistance, including
evaluation of SIR, deductibles, risk financing alternatives and RFP's.
• Identifying needs and creating solutions to address those needs in all
areas of Risk management for a public sector entity
• Insurance market analysis for all lines of insurance
• Placement of coverage, TPA (third-party administrative) claims services,
and appraisal services when requested by the County
• Providing operational efficiency, responsiveness and resourcefulness in
support of all Monroe County Insurance and Risk Management
operations
SPECIFIC REQUIREMENTS:
1. License and Staffing.
The company must:
• Have experience providing Property & Casualty insurance consulting
services.
• Be licensed to conduct and transact business in the State of Florida.
• Be in good standing to communicate and cooperate with the State of
Florida's Department of Insurance.
All assigned key professional staff must be properly licensed to conduct and transact
business in the State of Florida.
An Account Executive must be appointed to oversee and administer the contract and
serve as the point of contact on issues related to the contract and to the insurance
obtained under the contract.
2. Marketing
Subject to final approval by Risk Management, the insurance consultant will: organize,
develop and present to underwriters, all necessary data for marketing of the County's
risk finance plans: review the marketing plan documents with Risk Management for
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approval to proceed prior to going to the market; negotiate and present to Risk
Management best risk finance / insurance policy terms, conditions and premium rates;
evaluate the underwriter(s) and prepare a report to discuss underwriter financial stability
and service commitment to clients; review and advise on policy language for proper
application to risk; meet with Risk Management to present marketing results for policy
renewal(s) no later than one-hundred twenty (120) days prior to renewal of
coverage. The marketing report for each renewal will include summaries of current
program versus renewal options including all terms, conditions, premium rates,
markets quoting and/or declination to quote and reasons; underwriter(s) ratings and
insurance consultant's recommendations.
• Provide ongoing review and advice to Monroe County staff on market trends
and pricing.
• Canvass the insurance market for appropriate carriers or reinsurers.
• The consultant is required to deliver to Risk Management at least 120-
days prior to each policy(s) expiration or anniversary date, completed
underwriter's applications for Risk Management review and approval.
• Create, analyze underwriting information and prepare underwriter
applications for submission to the worldwide insurance marketplace.
• Provide advice to Risk Management of the quotations of insurance
premiums and coverages obtained from insurance markets to meet the
County's needs; this must include at least three competitive quotes from
reputable carriers.
• Develop renewal proposals in conformity with the timeframe specified by
the County's Board and staff.
• Arrange access to underwriters and negotiate coverage terms in the best
interest of the County.
• Bind approved coverage and confirm placement in writing.
• Monitor the financial strength of the insurers providing the County's
coverages and inform the County of adverse developments in that status.
• Review and be responsible for the accuracy and correctness, prior to
delivery of excess/reinsurance coverage documents and/or pricing policies,
including all changes and endorsements.
• Invoice excess/reinsurance premiums, net of any commission, with
appropriate written explanation regarding the manner in which the premium
was computed.
• Risk Management requires, through its insurance consultant, policy delivery
within 90-days of inception dates or renewal dates
• Monitor existing policies for renewal dates and provide Risk Management
with timely recommendations and service to include obtaining and
presenting renewal quotations and alternative coverage quotations if
renewal is not possible or desirable, in order to facilitate the continuity of
coverage. For each line of insurance, insurance consultant must approach
the market no later than 120 days prior to the expiration of coverage
• On an annual basis, prepare an analysis of Monroe County's estimated
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future obligations associated with the County's risk management program
for use by the County's external auditors as part of the annual review of the
County's financial reports as part of the preparation of the comprehensive
annual financial report (CAFR).
3. Risk Management:
Provide support to Risk Management in development and maintenance of risk
financing plans that enable the County to succeed in it is over-all financial planning
and budgeting. Coordinate with actuarial efforts and provide comprehensive
information on market conditions and trends. Support innovative design of and
alternatives for most cost-effective risk financing methods.
• Turn-key evaluation: Within thirty (30) days from the start of the contract,
provide a review of existing risk management operations and a
comprehensive analytical report detailing current status and highlighting
recommended changes.
• Advise Risk Management regarding "gaps" in coverage and/or inadequate
coverage.
• Review and advise Risk Management on appropriate program changes,
such as self- insured retention, deductibles, and coverage alternatives
• Review and provide advice Risk Management on alternative risk financing
techniques.
• Advise Risk Management regarding excess insurance and reinsurance
terms and conditions.
• Interpret and provide written clarification concerning specific coverage
issues as needed.
• Review contracts as requested to comment on insurance requirements,
hold-harmless and indemnification language, subrogation and other risk
transfer provisions therein and obtain revisions to the County's insurance
policies as required.
• Issue all certificates of insurance in order to meet the needs of the Board.
• Provide assistance to the County member agencies and departments with
specialty insurance, bonds or other coverage needs.
• Maintain accurate exposure data and provide an annual report by member
agency and department.
• Prepare a written report to the Board on the annual coverage
renewal and other insurance issues as needed (Annual evaluation).
• Produce an annual insurance consultant services report within 45 days of
the end of the fiscal year for Monroe County. This report is to include (but
not be limited to): a schedule of policies in force; respective policy
premiums, losses, fees earned or waived; development and trends in the
markets addressing each coverage and recommendations for change or
enhancement of the County's risk management program.
• Provide reserve estimates for all lines of business, and the basis of their
computation in a form which is satisfactory to Risk Management for year-
end audit purposes.
• Develop, implement, and monitor procedures to assist the County in
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2357
capturing and preparing timely reports of value of property.
4. Claims
The insurance consultant will assist Risk Management with the following:
• Provide detailed loss data both developed from the insurers and/or from
Insurance consultant's own RMIS data base on a monthly basis with an
annual recap of all losses.
• Assist Risk Management with analysis of the loss data collected and any
recommendations for handling.
5. Disaster Reimbursement:
The County has a contract with Adjuster's International d/b/a Goodman Gable Gould to
serve as the County's public adjuster. The consultant awarded this contract will work
with Goodman Gable Gould (as necessary) to do the following:
• Assist in providing information for the development of the claims submitted
by the public adjuster;
• Assist County in tracking and reconciling insurance payments received, so
that those amounts can be reduced from any FEMA reimbursements.
• Work with the County to ensure that properties for which the County has
received FEMA payments maintain insurance coverage in the future.
6. Workers' Compensation:
The consultant shall:
• From time to time, assist in drafting RFPs or RFQs for the procurement of
third-party administrator or other services related to the workers'
compensation program;
• On an annual basis, prepare an analysis of Monroe County's estimated
future obligations associated with the County's workers' compensation
program for use by the County's external auditors as part of the annual
review of the County's financial reports as part of the preparation of the
comprehensive annual financial report (CAFR). (Attachment 6 consists of a
loss report showing new claims during past two fiscal years.)
• Analyze and monitor incident trends on an ongoing basis. Recommend,
provide, or assist in procuring, preventive solutions designed to reduce
rates of workplace injury and illness throughout the County.
7. Training and Education:
• The insurance consultant shall be capable of providing training services to
the County's Risk Management unit on insurance and risk management
topics, and where agreed, conduct seminars for key operating personnel in
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county departments.
• Identify continuing educational opportunities related to the referenced lines
of coverage in this RFP to the Risk Management staff.
• Provide ongoing review and advice to Monroe County staff on market trends,
business news, industry developments and items of interest related to Risk
Management in the public sector.
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2359
SECTION THREE: COUNTY FORMS AND INSURANCE FORMS
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o Purchasing Department
1100 Simonton Street
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1 acknowledge receipt of Addenda No. (s)
I have included:
Lobbying and Conflict of Interest Clause ❑ Non-Collusion Affidavit ❑
Drug Free Workplace Form ❑ Public Entity Crime Statement ❑
In addition, I have included a current copy of the following professional licenses and business tax receipts:
If the applicant is not an individual(sole proprietor), please supply the following information:
APPLICANT ORGANIZATION:
(Registered business name must appear exactly as it appears on www.sunbiz.org)
Any applicant other than an individual(sole proprietor)must submit a printout of the "Detail by Entity Name"
screen from Sunbiz,and a copy of the most recent annual report filed with the Florida Department of State,
Division of Corporations.
• We request respondents to quote a fixed annual fee that encompasses the entire Scope of Services
requested in Exhibit A.
Fee for services included in contract: $ per year for Years 1-3 of the contract. The
fee is an all-inclusive cost. No additional costs or fees will be paid, including but not limited to travel costs, per diems,
telephone charges,facsimile charges,and postage charges.
Mailing Address: Telephone:
Fax:
Date:
Signed: Witness:
(Print Name)
(Title)
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is personally known
to me or has produced (type of identification)as
identification.
NOTARY PUBLIC
My Commission Expires:
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2360
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
it
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf
any former County officer or employee in violation of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-
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."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date)by (name of affiant). He/She is personally known
to me or has produced (type of identification)as
identification.
NOTARY PUBLIC
My Commission Expires:
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2361
NON-COLLUSION AFFIDAVIT
I, of the city of according to
law on my oath, and under penalty of perjury, depose and say that
1. 1 am of the firm
of the bidder
making the Proposal for the project described in the Request for Proposals
for and that I executed
the said proposal with full authority to do so;
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the bidder and will not
knowingly be disclosed by the bidder prior to bid opening, directly or
indirectly, to any other bidder or to any competitor; and
4. No attempt has been made or will be made by the bidder to induce any
other person, partnership or corporation to submit, or not to submit, a bid for
the purpose of restricting competition; and
5. The statements contained in this affidavit are true and correct, and made
with full knowledge that Monroe County relies upon the truth of the
statements contained in this affidavit in awarding contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date)by (name of affiant). He/She is personally known
to me or has produced (type of identification)as
identification.
NOTARY PUBLIC
My Commission Expires:
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2362
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby
certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on (date)by
(name of affiant). He/She is personally known to me or
has produced (type of identification)as identification.
NOTARY PUBLIC
My Commission Expires:
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2363
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither_ (Respondent's
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date)by (name of affiant). He/She is personally known to me or has
produced (type of identification)as
identification.
NOTARY PUBLIC
My Commission Expires:
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2364
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless
For
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful
act of omission of the Contractor or its Subcontractors in any tier, their employees, or
agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
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2365
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
WORKER'S COMPENSATION AND RISK MANAGEMENT CONSULTING SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the Contractor has been approved by the Florida's Department of Labor as an
authorized self-insurer, the County shall recognize and honor the Contractor's status.
The Contractor may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the
Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
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2366
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
WORKERS' COMPENSATION AND RISK MANAGEMENT CONSULTING SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Professional Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
300 000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 200,000 _ per Person
$ 300,000 per Occurrence
$_200.000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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2367
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to
deviate from the standard insurance requirements specified within this manual.
Recognizing this potential and acting on the advice of the County Attorney, the Board of
County Commissioners has granted authorization to Risk Management to waive and
modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has
not been granted the authority to waive this provision.
And
• The Indemnification and Hold Harmless provisions
Waiver of insurance provisions could expose the County to economic loss. For this
reason, every attempt should be made to obtain the standard insurance requirements.
If a waiver or a modification is desired, a Request for Waiver of Insurance
Requirement form should be completed and submitted for consideration with the
proposal.
After consideration by Risk Management and if approved, the form will be returned, to
the County Attorney who will submit the Waiver with the other contract documents for
execution by the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal
with the County Administrator or the Board of County Commissioners, who retains the
final decision-making authority.
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2368
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person
$100,000 per Occurrence
$25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
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2369
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR CONTRACT BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the furnishing of advice or
services of a professional nature, the Contractor, shall purchase and maintain,
throughout the life of the contract, Professional Liability Insurance which will respond to
damages resulting from any claim arising out of the performance of professional services
or any error or omission of the Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$300,000 per occurrence/$500,000 aggregate
46 of 57
2370
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to
deviate from the standard insurance requirements specified within this manual.
Recognizing this potential and acting on the advice of the County Attorney, the Board of
County Commissioners has granted authorization to Risk Management to waive and
modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
• The County as being named as an Additional Insured — If a letter from the
Insurance Company (not the Agent) is presented, stating that they are unable or
unwilling to name the County as an Additional Insured, Risk Management has
not been granted the authority to waive this provision.
and
• The Indemnification and Hold Harmless provisions
Waiving of insurance provisions could expose the County to economic loss. For this
reason, every attempt should be made to obtain the standard insurance requirements.
If a waiver or a modification is desired, a Request for Waiver of Insurance
Requirement form should be completed and submitted for consideration with the
proposal.
After consideration by Risk Management and if approved, the form will be returned, to
the County Attorney who will submit the Waiver with the other contract documents for
execution by the Clerk of the Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal
with the County Administrator or the Board of County Commissioners, who retains the
final decision-making authority.
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2371
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Contractor:
Contract for:
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
BIDDER SIGNATURE
48 of 57
2372
INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
Workers' Compensation Statutory Limits
Employer's Liability $100,000 Bodily Injury by Acc.
$ 500,000 Bodily Inj. by Disease, policy Imts
$ 100,000 Bodily Inj. by Disease, each emp.
General Liability, including $J300.000 Combined Single
Limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability $50,000 per Person
(Owned, non-owned and hired vehicles) $ 100,000 per Occurrence
$ 25,000 Property Damage
$ 100,000 Combined Single
Limit
Professional Liability $300,000 per Occurrence and
Including errors and omissions $500,000 Aggregate
The Monroe County Board of County Commissioners shall be named as
Additional insured on general liability and vehicle liability policies.
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2373
Attachments
ATTACHMENT 1
QUESTIONNAIRE
Organization Name:
Primary Contact/Representative:
Title:
Address:
City, State, Zip Code:
Telephone Number:
Fax Number:
E-mail Address:
Yes No
1. Does the firm have any contractual relationships that would
preclude the firm from being unbiased in the services provided
to the County?
2. Is the firm an insurance company, insurance agency,
insurance broker, third party administrator, or employee of
any of the foregoing?
3. If the answer to the preceding question is yes, do you
accept fees or commissions?
4. Is the firm an insurance consultant?
5. If the answer to the preceding question is yes, do you
accept fees or commissions from any insurance company,
insurance agency, insurance broker, third party
administrator, or employee of the foregoing?
6. Is the firm owned or controlled by an insurance company,
insurance sales organization, third party administrator or
any consulting firm which owns or controls any insurance
company, insurance sales organization, or third party
administrator?
50 of 57
2374
7. Please list any contractual relationships between the firm and any persons
or business entities that provide services in the areas of workers'
compensation and/or risk management. (Add additional pages if
necessary.)
8. If the County changes from the current consultant as a result of this RFP the
successful firm will need to have a transition plan. Please describe your
transition plan.
9. Describe your client service approach and how you respond to client
requests. Include what you consider non-urgent/routing requests and
urgent requests.
10. If required, would you attend the Board of County Commissioner meetings
to provide any recommendations and supporting documentation for
approval?
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2375
11. Detail the ability of the firm to monitor regulatory and legislative developments at
both the State and Federal level and how this will be communicated to the County.
12 How do you measure client satisfaction?
The Representative stated below is the authorized agent of the Proposer and is
authorized to bind the company upon acceptance by the County. Deviations from
the requested program have been stated. Coverage(s) or services will be issued
as proposed.
Name of firm:
Signature Date
Print name:
Title:
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2376
ATTACHMENT 2
Schedule of Insurance Coverages
53 of 57
2377
INSURANCE Policy Period Annual Premium
• FSSIF—Additional insured police prof. —FMIT 10/1/23—10/1/24 $25,000
• AD&D Policy—Zurich Ins. Co. 10/1/22—10/1/25 $8,278
• Airport Liability—ArthurJ Gallagher
7/27/23—7/27/24 $69,241.88
• Airport Public Officials—Gehring Group
7/27/23—7/27/24 $18,872
• Crime Policy—ArthurJ. Gallagher
• Florida Municipal Insurance Trust—FLOC
10/1/23—10/1/26 $20,965.92
• Leased Vehicles Policy—Porter Allen
10/1/23—9/30/24 $477,438
• Pollution Liability Policy—Marsh USA
10/1/23—9/30/24 $57,737
• Professional Liability Policy—Marsh USA
5/1/23—5/1/26 $80,773
• Property Policy—Marsh USA
4/26/23—4/26/24 $21,866
• Boiler& Machinery
5/29/23—5/29/24 $3,778,391
• Portable Equipment Policy—VFIS
5/1/23—5/1/24 $16,141.50
• Apparatus-VFIS
10/1/23—9/30/24 $1,451.92 x 4
• Weatherization Policy—Lloyds of London
10/1/23—10/1/24 $36,476.25 x 4
• Windstorm Policy—Citizens
4/22/23—4/22/24 $1,750
• Windstorm Martello Towers
5/29/23—5/29/24 $1,285,924
• Flood Insurance Policy—NFIP
4/7/23—4/7/24 $46,526
• Drone Liability- FLOC
Various annual policies $426,224
8/25/23—8/25/24 $1,165.00
2378
ATTACHMENT 3
Combining Statement of Net Position as of September 30, 2023 for Internal
Service Funds — Risk Management
ASSETS
Current Assets:
Cash and Cash Equivalents $ 405,947
Investments 5,664,188
Accounts Receivable, Net 6,992
Due from Constitutional Officers 21,552
Interest Receivable 18,148
Total Current Assets 6,116,827
Noncurrent Assets:
Land and Other Nondepreciable Assets 1,372,683
Capital Assets, Net of Accum. Depreciation 56,066
Total Noncurrent Assets 1,428,749
Total Assets 7,545,576
DEFERRED OUTFLOWS OF RESOURCES
Related to Pensions 120,425
Related to OPEB 113,200
Total Deferred Outflows of Resources 233,625
LIABILITIES
Current Liabilities: 22,655
Accounts Payable
Accrued Wages and Benefits Payable 17,900
Claims and Judgments Payable 226,795
Accrued Comp.Absences Payable 11,323
Total Current Liabilities 278,673
Noncurrent Liabilities:
Accrued Comp.Absences Payable 45,294
Total OPEB Liability 255,000
Net Pension Liability 348,685
Total Noncurrent Liabilities 648,979
Total Liabilities 927,652
DEFERRED INFLOWS OF RESOURCES
Related to Pensions 28,089
Related to OPEB 12,100
Total Deferred Inflows of Resources 40,189
NET POSITION
Net Investment in Capital Assets 1,428,749
Unrestricted 5,382,611
Total Net Position $ 6,811,360
2379
ATTACHMENT 4
Combining Statement of Revenue, Expenses and Changes in Net Position as
of September 30, 2023 for Internal Service Funds — Risk Management
Operating Revenues: Risk Management Fund
Charges for Services $ 9,234,066
Total Operating Revenues 9,234,066
Operating Expenses:
Personnel Services 692,107
Operations 6,318,340
Depreciation and Amortization 14,616
Asserted and Paid Claims (1,324,571)
Total Operating Expenses 5,700,492
Operating Income(Loss) 3,533,574
Other Financing Sources(Uses):
Investment Income 228,518
Insurance Recoveries 119,604
Gain on Disposition of Assets 2,273
Total Other Financing Sources(Uses): 350,395
Income(Loss)Before Transfers 3,883,969
Total Transfers:
Transfers to Other Funds (133,720)
Total Transfers (133,720)
Change in Net Position 3,750,249
Net Position-October 1 3,061,111
Net Position-September 30 $ 6,811,360
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ATTACHMENT 5
Combining Statement of Cash Flows as of September 30, 2023 for Internal
Service Funds — Risk Management
Operating Activities:
Cash Received for Services $ 9,233,941
Cash Received from Insurance Recoveries 119,604
Cash Payments to Suppliers for Goods and Svcs (6,620,785)
Cash Payments for Employee Services (509,499)
Cash Payments for Claims (193,414)
Cash Received from(Paid to)Other Sources (21,552)
Other Operating Revenue (11,228)
Net Cash Provided by(Used in)
Operating Activities 1,997,067
Noncapital Financing Activities:
Transfers to Other Funds (133,720)
Net Cash Provided by(Used in)Noncapital
Financing Activities (133,720)
Capital and Related Financing Activities:
Acquisition of Capital Assets (702,621)
Proceeds from Sale of Capital Assets 2,273
Net Cash Provided by(Used in)Capital and
Related Financing Activities (700,348)
Investing Activities:
Investment Income(Losses) 228,518
Proceeds from Sales and Maturities of Investments 6,325,661
Purchase of Investment Securities (7,915,679)
Net Cash Provided by(Used in)Investing Activities (1,361,500)
Net Increase(Decrease)in Cash and
Cash Equivalents (198,501)
Cash and Cash Equivalents:
October 1 604,448
September 30 $ 405,947
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ATTACHMENT 6
Loss Runs for Workers' Compensation for Past Two Years
(New Claims Only)
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