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Item P03 P3 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 September 11, 2024 Agenda Item Number: P3 2023-2631 BULK ITEM: No DEPARTMENT: Risk Management TIME APPROXIMATE: STAFF CONTACT: Brian Bradley NA AGENDA ITEM WORDING: Approval to enter into contract with Interisk Corporation to provide consultant services for the County's Worker's Compensation and Risk Management Programs. ITEM BACKGROUND: The intended contract will provide consultant services for the County's Worker's Compensation and Risk Management Programs. The proposed contract is for a three(3)year term, with the County's option to extend for two additional 1-year periods. Interisk Consulting Services has provided similar services to the County since 1998. PREVIOUS RELEVANT BOCC ACTION: March 20, 2024 - Approval to advertise request for proposal for consultant services for the County's Worker's Compensation and Risk Management Program. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Interisk contract 2024 Final 7-22-24 signed.pdf 2024 04 C01 GL, WC exp 3.22.25 signed.pdf FINANCIAL IMPACT: $59,400 per year- SC_00038 Professional services CC_08501 Risk Administration MONROE COUNTY CONTRACT FOR INSURANCE CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into this day of August, 2024, by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Interisk Corporation ("CONTRACTOR"), whose address is 1101 Red Maple Cir NE, St, Petersburg, FL 33703. 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. G. 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. The CONTRACTOR must provide an adequate staff of experienced personnel, I 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: Lawton Swan, III, President Sidney G. Webber, Principal Consultant 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. COUNTYS 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 1� day of October, 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. 2 Section 5. COMPENSATION Compensation to CONTRACTOR for Years 1-3 of the contract shall be fifty-nine thousand four hundred dollars and zero cents ($ 59,400) per year. Out of office trips will be billed at the rate of two hundred fifty dollar and zero cents ($250.00) per hour plus out of pocket expenses. Out of pocket expenses will be billed at cost with no markup. All out of pocket expenses must be billed in accordance with Section 112.061, Florida Statutes and Monroe County Ordinance No. 009-2022 as it may be amended from time to time, whichever is greater. All out of office trips must be approved by the County in advance. 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, yen 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 3 delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY- Risk Manager 1111 12 th St., Suite 408 Key West, Florida 33040 With a copy to: Monroe County Attorney 1111 12th St., Suite 408 Key West, FL 33040 To the CONTRACTOR.- Interisk Corporation 1101 Red Maple Cir NE St. Petersburg, FL 33703 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 4 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 Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLOR,IDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT(305)292-3470, bradIev-Lrian&monroec2Mpty- fLgoy, c/o Monroe County Attorney's Office, 1111 12 1h 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 5 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 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. ATTORNEY'S, 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, 6 than 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. 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 th!is, 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 V11 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 Vill 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. 7 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 8 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: 9 Certificate of Insurance or Q 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 ( 0) days prior notification is given to the County by the insurer. The acceptance andlor 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 n tractor (Nate. 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 e: $ 00,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $ 00,000 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 ( 2) 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 e icle Liability Insurance requirements 10 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 I nj u ry 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 11 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 CFI part 200. Therefore, the following federal contract clauses from 2 CFI 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 CFI 180.220)will not be made to parties listed on the government ride 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 CFI 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 tierto 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 DBEs, 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 12 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. 13 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) Interisk Corporation: Witness- B/y: - By: r ri ti-)A- "'i LL�a. f'), inted Name: J Printed Name: pl--e 'Y , — I Title: ��D 'c",/ Approved as to form and legal sufficiency: Monroe County Attorney's Office 7-24-2024 area-�t. 14 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 assist the County's Risk Management with the Administration of the County's, Property and Casualty and Workers' Compensation Insurance/Self Insurance Programs to include: Providing expert insurance consultation and assistance, including! evaluation of SIR, deductibles, risk financing alternatives and RFP's. a 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 l'ines of insurance Providing operational efficiency, responsiveness and resourcefulness in support of all Monroe County Insurance and, Risk Management operations 0 All services provided by Contractor are subject to the exceptions noted in the proposal submitted by Contractor. SPECIFIC REQUJRgM,gNT5_: 1. License and Staffing. The company must: 0 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 property 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 assist the County with the organization, development and presentation to underwriters, all necessary data for marketing of the County's risk finance plans- review the marketing plan; 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. Arrange access to underwriters and negotiate coverage terms in the best interest of the County. 8 Monitor the financial strength of the insurers providing the County's coverages and inform the County of adverse developments in that status. 0 On an annual basis, assist the Risk Management Department to prepare an analysis of Monroe County's estimated 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. is 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. ® Advise Risk Management regarding "gaps" in coverage and/or inadequate coverage. a Review and advise Risk Management on appropriate program changes, such as self- insured retention, deductibles, and coverage alternatives & Review and provide advice to Risk Management on alternative risk financing techniques. ® Advise Risk Management regarding excess insurance and reinsurance terms and conditions. 0 Interpret and provide written clarification concerning specific coverage issues as needed. 0 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. 0 Provide assistance to the County member agencies and departments with specialty insurance, bonds or other coverage needs, 0 Prepare a written report to the Board on the annual coverage renewal and other insurance issues as needed (Annual evaluation). a Produce an annual insurance consultant services report 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. 0 Assist the Risk Management Department to develop, implement, and monitor procedures to assist the County in capturing and preparing timely reports of value of property. 4. The insurance consultant will assist Risk Management with the following: 0 Assist Risk Management with analysis of the loss data collected and any recommendations for handling. 5. Qiaaalar Muihursaux= 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. 0 Assist in providing information for the development of the claims submitted by the public adjuster; a Assist County in tracking and reconciling insurance payments received, so that those amounts can be reduced from any FEMA reimbursements. 0 Work with the County to ensure that properties for which the County has received FEMA payments maintain insurance coverage in the future. 6. WgEkerra' CglMoensatlon: The consultant shall: 0 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 Count)(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 (CAPE). (Attachment 6 consists of a loss report showing new claims during past two fiscal years.) a 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 i1j3d Edgrg 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-county departments. 0 Identify continuing educational opportunities related to the referenced lines of coverage in this RFP to the Risk Management staff. a 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. �►� CERTIFICATE OF LIABILITY INSURANCE DATE(M9/2024 Y) 04/19/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nolisha Worrell NAME: Northeast Underwriters,Inc. a/cNro Ext: (727)521-4253 FAX,No): (727)527-9455 4790 1st Street North E-MAIL nworrell@neu-ins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# St.Petersburg FL 33703 INSURERA: Travelers 0003 INSURED INSURER B: Travelers Indemnity Co.ofAm 25666 Interisk Corp INSURER C: 1101 Red Maple Cir NE INSURER D: INSURER E: St Petersburg FL 33703 INSURER F: COVERAGES CERTIFICATE NUMBER. 24-25 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE Fx_]OCCUR PREM SESTOEa oNcurrrence $ 300,000 MED EXP(Any one person) $ 5,000 A Y 1660-3T549797-TIA-24 03/22/2024 03/22/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT LOC PRODUCTS-COMP/OPAGG $POLICY ❑ PRO 2,000,000 OTHER: Hired/Non-Owned Auto $ Included AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT .& Ea accident) $ ANYAUTO 1r4 II BODILY INJURY(Per person) $ '" OWNED SCHEDULED AUTOS ONLY AUTOS �hr� BODILY INJURY(Per accident) $ Po m�"� HIRED NON-OWNED �., PROPERTY� 4 19 24 DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident -, a, $ UMBRELLA LAB OCCUR WAM EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1 OO,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A UB2T9108762442 03/22/2024 03/22/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is hereby named as additional insured,as per written contract,in regards to the general liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD