Agenda 12/13/2011 Item #16E 312/13/2011 Item 16.E.3.
EXECUTIVE SUMMARY
Recommendation to award a contract for RFP #11 -5689, "Property and Casualty
Brokerage and Insurance Services," to Insurance and Risk Management Services Inc.
(IRMS) in an estimated annual amount of $125,000 per year, a reduction of $63,375.
OBJECTIVE: To seek Board approval to award a contract for RFP #11 -5689, Property and Casualty
Brokerage Services, to Insurance and Risk Management Services, Inc.
CONSIDERATION: Pursuant to Section 626.112, Florida Statutes, property and casualty insurance
coverage must be placed through a licensed broker or agent. Since October 1, 1992, the Board of
Commissioners has utilized a contracted fee arrangement for property and casualty insurance
brokerage services. This method contrasts with a traditional compensation arrangement where the
broker is compensated on a commission basis. Rather, insurance coverage is provided on a "net of
commission" basis and a flat fee is paid to the broker. This arrangement results in a more
comprehensive scope of services at a lower program cost. It also promotes transparency; reduces
the potential for conflicts of interest; and promotes best value. The current contract with Insurance
and Risk Management Services, Inc. is set to expire on December 31, 2011.
The scope of services for this program includes the marketing, analysis, recommendation and
placement of insurance programs for the County's property, liability and workers' compensation
programs. The scope of services also includes the selection of ancillary services such as the
selection of third party adjusting services. In July, 2011, the Purchasing Department released an
RFP for brokerage services to assure the continuation of services after the current contract
expiration.
RFP #11 -5689 was posted on July 20, 2011. Ninety notices were sent out and four proposals were
received by the due date of August 16, 2011. The proposing firms were:
• Willis of Florida
• IRMS
• Arthur J. Gallagher
• Ben Few & Company
The Selection Committee declared Ben Few & Company, Inc. to be non - responsive since it is purely
a consultant and cannot place insurance policies. Thus, they did not fulfill the minimum requirements
of the RFP. The other three firms were determined to be responsive by the Selection Committee.
The Selection Committee completed its initial scoring and reduced the three proposers to two for the
purpose of completing presentations /interviews. The shortlisted firms were Willis of Florida and
IRMS.
On October 17'h, the Selection Committee heard presentations from both firms' key service
personnel. General questions to both firms and specific questions unique to each firm were pursued
during the interview process. The Selection Committee completed its final scoring and IRMS was
selected by consensus as the number one ranked firm.
Under a traditional commission arrangement, the County would have paid commissions to the broker
of approximately $477,000 annually. IRMS proposed a flat fee of $125,000 annually. Under this flat
fee arrangement, all Property & Casualty insurance policies, with the exception of Flood will be
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12/13/2011 Item 16.E.3.
placed on a "net of commission" basis saving the county substantial commission fees over the life of
the agreement.
Flood insurance policies are placed through the National Flood Insurance Program. These policies
are not permitted to be written net of commission. Therefore, the flat fee referenced above does not
include the commission IRMS would normally receive on flood insurance policies. However, IRMS is
allowed to remit a portion of their commission back to the County pursuant to Florida Statute
626.572. The current commission rate on flood insurance policies is 21 %. IRMS has agreed as part
of the award to reduce their remuneration on Flood to 8.5% by remitting this difference back to the
County. Based upon current flood commissions received by IRMS, it is estimated that the County will
realize additional savings of $23,000 annually through this arrangement.
The RFP specifically separated Aircraft and Airport insurance brokerage from this award due to the
specialized nature of this coverage. Specialty aircraft/airport insurance is typically placed by aircraft
brokers. Therefore, staff is recommending that the current broker, Nation Air insurance Agency be
utilized directly for the placement of this coverage. This arrangement will not add any additional cost
to the program.
The approvals to purchase insurance coverage are presented under separate Executive Summaries
prior to the October 1 and April 1 renewal deadlines.
FISCAL IMPACT: The flat fee under the expiring contract is $165,375. The estimated annual cost of
the new contract is $125,000. Total savings compared to the expiring contract, including the reduced
remuneration on Flood, is $63,375. Sufficient funds are budgeted in Fund 516, Property and
Casualty Insurance, and Fund 518, Workers Compensation Insurance, for this purpose.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires
majority vote, and is legally sufficient for Board action. — CMG
RECOMMENDATION: That the Board approves the award of a contract for RFP# 11 -5689 to
Insurance and Risk Management Services, Inc. for Property and Casualty Insurance Brokerage
Services and authorizes the Chairman to execute the contract after review and approval by the
County Attorney.
PREPARED BY: Ray Carter, Manager, Risk Finance
Jeff Walker, CPCU, ARM, Director, Risk Management
Packet Page -2914-
12/13/2011 Item 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3.
Item Summary: Recommendation to award a contract for RFP -11 -5689 Property and
Casualty Brokerage and Insurance Services to Insurance and Risk Management Services Inc.
(IRMS) in an estimated annual amount of $125,000 per year, a reduction of $63,375.
Meeting Date: 12/13/2011
Prepared By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
11/8/2011 10:10:22 AM
Submitted by
Title: Director - Risk Management,Risk Management
Name: WalkerJeff
11/8/2011 10:10:23 AM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 11/10/20113:16:52 PM
Name: WoodLyn
Title: Contracts Specialist,Purchasing & General Services
Date: 11/10/20113:22:43 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 11/15/2011 11:36:51 AM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 11/23/2011 10:58:56 AM
Packet Page -2915-
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 11/30/2011 11:14:04 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/1/20119:37:03 AM
Name: FinnEd
Date: 12/1/20113:24:19 PM
Name: OchsLeo
Title: County Manager
Date: 12/2/2011 10:13:54 AM
Packet Page -2916-
12/13/2011 Item 16.E.3.
for
Brokerage and Insurance Coverage
THIS AGREEMENT, made and entered into on this day of 2011,
by and between Insurance and Risk Management Services, Inc., authorized to do business in
the State of Florida, whose business address is 8950 Fontana Del Sol Way, Suite 200, Naples,
Florida 34109, hereinafter called the "Consultant" and Collier County, a political subdivision
of the State of Florida, Collier County, Naples, hereinafter called the "County ":
WITNESSETH:
1.. COMMENCEMENT. The Consultant shall commence the work on January 1, 2012.
The contract shall be for a three (3) year period, commencing on January 1, 2012, and
terminating on December 31, 2014.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Consultant written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Consultant shall provide insurance brokerage services
in accordance with the Scope of Work, and terms and conditions of RFP #11 -5689 and
the Consultant's proposal referred to herein and made an integral part of this
agreement. This Agreement contains the entire understanding between the parties and
any modifications to this Agreement shall be mutually agreed upon in writing by the
Consultant and the County Project or Contract Manager in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such services are
authorized.
3. COMPENSATION: The County shall pay the Consultant for the performance of this
Agreement pursuant to the fees as set forth in Exhibit "A ", included in this agreement,
together with the Travel and Reimbursable Expenses as defined in this agreement.
Payments shall be made to the Consultant not more frequently than once per month,
pursuant to Exhibit "A" and at actual costs for Travel Expenses. Payment will be made
upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act ".
3.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
Page 1 of 9
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12/13/2011 Item 16.E.3.
months after completion of contract. Any untimely submission of invoices beyond
the specified deadline period is subject to non - payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
TRAVEL AND REIMBURSABLE EXPENSES
Travel and Reimbursable Expenses shall be reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage
$0.445 per mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or
coach class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single
occupancy rate with a cap of no more
than $150.00 per night
Parking
Actual cost of parking
Taxi or Airport
Limousine
Actual cost of either taxi or airport
limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long- distance charges, fax charges, photocopying charges and postage.
Reimbursable items will be paid only after Consultant has provided all receipts.
Consultant shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Insurance and Risk Management Services, Inc.
8950 Fontana Del Sol Way, Suite 200
Naples, Florida 34109
Attention: William H. Kuhlman, Executive Vice President
Telephone: 239 -649 -1444
Facsimile: 239 - 649 -7933
Page 2 of 9
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12/13/2011 Item 16.E.3.
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/ GS Director
Telephone: 239 - 252 -8371
Facsimile: 239 - 252 -6584
The Consultant and the County may change the above mailing address and/or contact
information at any time upon giving the other party written notification. All notices
under this Agreement must be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable .or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
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12/13/2011 Item 16.E,3.
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Consultants; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
D. Professional Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. Renewal certificates
shall be sent to the County ten (10) days prior to any expiration date. There shall be a
thirty (30) day notification to the County in the event of cancellation or modification of
any stipulated insurance coverage.
Consultant shall insure that all subConsultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide County
with certificates of insurance meeting the required insurance provisions.
Page 4 of 9
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12/13/2011 Item 16.E.3.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone
employed or utilized by the Consultant in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Risk Management Department.
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Consultant's Proposal, Insurance Certificate, RFP #11 -5689
Specifications/ Scope of Services and Addenda.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and /or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Consultant is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions -of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto,
Page 5 of 9
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12/13/2011 Item 16.E.3.
as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Project or Contract Manager
and Consultant.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
23. KEY PERSONNEL/PROJECT STAFFING: The Consultant's personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be deemed
necessary to insure that competent persons will be utilized in the performance of the
contract. The Consultant shall assign as many people as necessary to complete the
project on a timely basis, and each person assigned shall be available for an amount of
time adequate to meet the dates set forth in the Project Schedule. The Consultant shall
not change Key Personnel unless the following conditions are met: (1) Proposed
replacements have substantially the same or better qualifications and/or experience. (2)
that the County is notified in writing as far in advance as possible. The Consultant shall
Page 6 of 9
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12/13/2011 Item 16.E.3.
make commercially reasonable efforts to notify Collier County within seven (7) days of
the change. The County retains final approval of proposed replacement personnel.
Page 7 of 9
Packet Page -2923-
12/13/2011 Item 16.E.3.
IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
TType/ print witness nameT
Second Witness
TType /print witness nameT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Insurance and Risk Management Services, Inc.
Approved as to form and
legal sufficiency:
f
Assistant County Attorney
Print Name
Page 8 of 9
Consultant
Signature
Typed signature and title
Packet Page -2924-
Agreement No. 11 -5689
"Property Casualty Insurance Broker"
12/13/2011 Item 16.E.3.
Month
01/01/2012 to 12/31/2014
January
$10,500
February
$10,500
March
$10,500
April
$10,500
May
$10,500
June
$10,500
Jul
$10,500
August
$10,500
September
$10,500
October
$10,500
November
$10,500
December
$9,500
Totals
$125,000
In accordance with Florida Statutes 626.572, the Consultant shall be permitted to accept a reduced
commission to be no greater than eight and one -half percent (8.5 %) on all National Flood Insurance
policies placed on behalf of the County and the acceptance of these commissions shall not be
considered a violation of this agreement. This shall include all National Flood Insurance policies with
the commencement dates prior to and subsequent to the effective date of this agreement.
Builders Risk Policies - the cost to handle this line of coverage is included.
Page 9 of 9
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12/13/2011 Item 16.E.3.
TABULATION FOR RFP # 11 -5689
"Brokerage and Insurance Services"
DATE OF RfP ADVERTISEMENT: July' 20,2011
RF P DUE: August 16, 2011
NO. OF INQUIRIES SENT: 90; 23 VENDORS REQUESTED FULL PACKAGE:
+++�f 1+�. 1 1 i +--i-4-++4-+1-4-i-+-i-= -++++++4-+++++-i-++++I 1 i !+++++i i + ++++
!+++
Pronoser City qtAtt-. ()ricyinpl --F- ('nn;PC
Arthur J Gallagher Risk
Management Services
Naples, FL
X Yes ❑ No
Willis of Florida
Tampa, FL
X Yes
No
Insurance and Risk
Management Services (IRMS)
Naples, FL
X Yes ❑ No
Ben Few & Company Inc.
Fort Myers, FL
X Yes
No
Yes
No
Yes
7
No
Yes
No
Yes
No
Yes
No
_#t
Yes
No
Packet Page -2926-
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