Backup Documents 12/13-14/2011 Item #16E 3r r
Memorandum
Subject: 11 -5689 — Brokerage and Insurance Coverage
Date: December 13, 2011
From: Lyn M. Wood, C.P.M, Procurement Strategist �d
To: Ray Carter, Manager Risk Finance
16E
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-2667
FAX: (239) 252 -6593
Email: LynWood(@colliergov.net
www. coil iergov. net/purchasing
This Contract was approved by the BCC on December 13, 2011 agenda item 16.E.3
The County is in the process of executing this contract with Insurance Risk Management Services, Inc.
Please review the Insurance Certificate(s) for the referenced Contract.
• If the insurance is not in order please contact the vendor /insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to
the County Attorney's office via the attached Request for Legal Services.
• If the insurance is in order please acknowledge your approval and send to the County Attorney's
office via the attached Request for Legal Services.
If you have any questions, please contact me at the above referenced information.
In n rov f
/
Risk nagement Signature Date
RECEIVED
`)EC 14 211
C: Ray Carter, Risk Finance Ri4K MANAGEMENT wi�
(Please route to County Attorney via attached Request for Legal Services) 1I1L(e vl
G/ Acquisitionsl TechFormsandLetters /MemotoRequestLegalServices
Revised: 4/16//10
3
16E 3
MEMORANDUM
Date: December 21, 2011
To: Lyn Wood, Contract Specialist
Purchasing Department
From: Martha Vergara, Deputy Clerk
Minutes and Records Department
Re: Contract #11 -5689
"Brokerage and Insurance Coverage"
Contractor: Insurance Risk Management Services, Inc.
Attached is one (1) Original, referenced above (Item #16E3) approved by
the Board of County Commissioners on Tuesday, December 13, 2011.
The original has been kept by the Minutes and Records Department to
be kept as part of the Boards Official Records.
If you should have any questions please contact me at 252 -7240.
Thank you
16E 3
A G RE EM E N T#11-5689
for
Brokerage and Insurance Coyeraee
THIS AGREEMENT, made and entered into on this 1- � 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
16E 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 er 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 Iodging at single
occupancy rate with a cap of no more
than $150.00 per night
Parking
Actual cost of paiking
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 - 6497933
Page 2 of 9
16E 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)
Page 3 of 9
16E 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
z
16E 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
16E 3
as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of tlUs 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&ROIECT 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
16E 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
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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 - f ,Br &-k; -Qerk 'of, Courts
B ;\
Dated'
ateA
b
it fitness
Gary Eskin
Type/ print witness nameT, l
X M—�4
Second Witness
Diana Turner
TType /print witness nameT
Approved as to form and
legal sufficiency: ,
County Attorney
De �
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: W
Fred W. Coyle, Chairman
Insurance and Risk Management Services Inc.
Consultant
By:
Signature
Page 8 of 9
William Kuhlman, Jr.
Typed signature and title
16E 3
EXHiBTT A
PAYMENT SCHEDULE
01/01/2012 to 12/31/2014
Agreement No. 11 -5689
"Property Casualty Insurance Broker"
Month
01 01/2012 to 12 31 2014
Jan
$10,500
February
$10,500
March
$10,500
i A
$10,500
May
$10,500
June
$10,500
ulv
$10,300
August
$10,500
Septewber
$10,500
October
$10,500
November
$10,500
December
$9,500
Totals
$115,000
In accordance with Florida Statutes 626.572, the Consultant shall be permitted to accept a reduced
commission to be no greater than eight and one -half percent (8.5 %) on all National Flood Insurance
policies placed on behalf of the County and the acceptance of these commissions shall not be
considered a violation of this agreement. This shall include all National Flood Insurance policies with
the commencement dates prior to and subsequent to the effective date of this agreement.
Builders Risk Policies - the cost to handle this line of coverage is included.
Page 9 of 9
16E 3
OP ID* DO
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CERTIFICATE OF LIABILITY INSURANCE 11►21111_
THIS CERTIFICATE IS.ISSUED AS A MATTER Of INFORMATION ONLY AND CONFER$ 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.
IMf;ORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 {1______
....-----------
PRODUCER 239-849 -1444. CONTACT
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Services Inc. Risk Management 239 -649 -7933 [ "Ham — -- -- ------------------ - - - - -- lux—
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8950 Fontana Del Sol Way 200 e'MASl
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Naples, FL 34109 -4374 A Deems it ..........................• - - - - ---- —•--------------------------------
olio! tR INSiIR -1
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INSURED Insurance and Risk Management
Services, Inc.
8950 Fontana Del Sol Way, #200
Naples, FL 34109
iNSURER(S) AFPOMNG_COVEFIAGE_. -.. -- - ............. - -i___ NAIC III
INSURER A: Natrona; TAAd I. -Unino- Co. 20141
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INSUREK.0 WantpottlnswanceCorFrtrration 34207
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THIS IS TO CERTIFY TWAT THE POLICES OF :NSURANCE LSTED BELOW HAVE BFI:'N Z AJED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK,
INDICATED NOTWITHSTA ,0ING ANY REQUiR£MFNT. TERM OR CONDITEON OF ANY CON i RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 3'1,I•S
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ^CORD 101, AdURtOnai Remarlts eeneouN, it more spec- is r -Qu,r ;
n reference to Contract #11 -5869 "Property & Casualty Insurance Broker ".
;oilier County is listed as an additional insured with respects to General
CERTIFICATE HOLDER CANCELLATION
------ ----- COLL.Ga2
SHOULD ANY OF THE ABOVE DESCRISM POLICIES BE CANCELLED BEFORE
Collier County Board Count THE EXPIRATION. DATE THEREOF, NOTICE WILL 13E DELIVERED IN
Y Y ACCORDANCE WITH THE POLICY PROVISIONS.
Commissioners
3301 East Tamlarni Trail - .......•.-- -•-- ..•__..._. _._____ _� _ _
AUTHORIZED REPRESENTATi V£
Naples, FL 34112
Q 1988 =2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009!09) The ACORD name and logo are registered marks of ACORD
16E 3
WESTAORTINSURANCE CORPORATION
CERTIFICATE OF INSURANCE
(Claims First Made)
Issue Date: 11!15/2011
Cert-ificate Holder:
COLLIER COUNTY wOVERNMENT
BOARD OF COUNTY COMMISSIONERS
3301 :1AKIAM? TRAIL E f3,LDG G
NAPLES, FL 34112
This is to certify that the named insured is covered by the insurance policy described below issued by Westport insurance
Corporation of Overland Park, Kansas. Coverage afforded the named insured is subject to all terms. exclusions, limitations and
conditions of such policy. Limits shown may have been reduced by paid claims. This certificate of insurance does not
affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy.
TYPE OF INSURANCE: Insurance Agents Errors & Omissions Liability
POLICY NUMBER: WED01,0058471106
NAMED INSURED: INSURANCE AND RISitMANAGEAIENT SERVICES, INC.
OTHER INSUREDS AS DEFINED IN POLICY:
Policy Aggregate Linzit of Liability for all "coverage units" $10,000,000
CLAIMS EXPENSES ARE IN ADDITION TO THE LIMIT OF LIABILITY FOR THE COVERAGES
PROVIDED BY THE E ABOVE POLICY NUMBER
CJ CLAIMS EXPENSES ARE INCLU DED WITHIN THE LIMIT OF LIABILITY FOR THE
COVERAGES PROVIDED BY THE ABOVE POLICY NUMBER
Limits of Liability:
$10,000,000 Per Claim
$10,000,000 Aggregate for the Policy Period
Sublimit of Liability for BREACH OF PERSONAL DATA: NO COVERAGE Per Claim
40 COV ER4GE Aggregate for the Policy Period
Deductible:
Retroactive bate: Atli Ptior Acts
EFFECTIVE DATE: FROM: November 15, 2011.
$ 25,000 Per Claim
$ 75,000 Aggregate for the Policy Period
TO; November l5, 2012
By the issuance of this Certificate, Westport Insurance Corporation assumes no obligation to provide notice of
change in or cancellation of the policy.
WESTPORT INSURANCE CORPORATION
Authorized Representative
SP 000 260 0610