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#11-5689 (Insurance Risk Management Services, Inc.) J +-. IP Co ier Purchasing Department County 3327 Tamiami Trail East Naples, Florida 34112 kirriiii&ariVe Services larkiision Telephone:(239)252-2667 Purchasing FAX: (239)252-6593 Email: LynWood @colliergov.net www.colliergov.net/purchasing Memorandum Subject: 11-5689—Brokerage and Insurance Coverage Date: December 13, 2011 From: Lyn •M. Wood, C.P.M, Procurement Strategist . �d Z it-- 7 To: Ray Carter, Manager Risk Finance 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 - it,rov-.g, ,rov / l / Risk—ragement Signature Date RECEIVED ')E.0 1 4 201 C: Ray Carter, Risk Finance R►WK MANAGEMENT 4A.Vial (Please route to County Attorney via attached Request for Legal Services) VAL - VI G/Acquisitions/TechFormsandLetters/MemotoRequestLegalServices Revised:4/16//10 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 • AGREEMENT#11-5689 • for Brokerage and Insurance Coverage THIS AGREEMENT,made and entered into on this f? day of Uere 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 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 "Iaches" 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 Actual cost of either taxi or airport Limousine 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 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 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 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, Iosses 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 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/PROTECT 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 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 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. BOARD OF COUNTY COMMISSIONERS ATTEST:` . • a".4 - COLLIER COUNTY,FLORIDA Dwight pp Br6ck;t1er bf Courts By --, _ By: `i� Dated: ‘9 1 \1 Fred W.Coyle, Chairman SEAL , ''= Attest *S. te-Okellsolt_4 i 14oatur' *if Insurance and Risk Management Services, Inc. / Consultant 6 �� Zt-)4 _ //,--- e it itness Signature Gary Eskin l'Type/print witness namel` � � / William Kuhlman, Jr. Second Witness Typed signature and title Diana Turner TType/print witness namel' Approved as to form and legal sufficiency: 1 5121 County Attorney .1- /2 --L..._, L Print Name Page 8 of 9 EXHIBIT 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 January $10,500 February $10,500 March $10,500 April $10,500 May $10,500 June $10,500 July $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 OP ID:D O ACd:YR�C) CERTIFICATE OF ABJ fY INSURANCE DATE t,,,..r ,11zi,i, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 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 poiicy(les)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 endorseement(s. PRODUCER 239.649-1444 NOMNACT Insurance and Risk Management ... � FAX Services,Inc. 239.649.7933Pca�a1L _ Wc Ne 11 . W 8950 Fontana Del Sol Way#200 sops. Naples,FL 34105.4374 AppDRess �.... PROU13bsp, INSUR-1 Samuel R.Neidigh,ARM,AAI .CUSTOMER k t T ?NSURER(S)AFFORDING COVERAGE I- RAC 11.. INSURED. Insurance and Risk Management ,,,SURE?,,A:National Trust lnsunnoa Co. ...:. 141- ---..----': Services,Inc. INSURER a:FCCI insurenoe canpam 10178 8950 Fontana Del Sol Way,#200 INSUat R e:Waxpottlns+x.nce Corporation 34207 Naples,FL 34109 — t INSURER.D —_,I INSURER E: —.»,....�__._ T____ INSURER F: —,- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ( THIS IS TO CERTIFY THAT THE.POUC,ES OF NSURANCE LISTED BELOW HAVE:BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE:R:CD INDICATED NOTWITHSTANDING ANY REQUII2E:MENT TERM OR CONDITION OF ANY CCNERACT OR OTHER DOCUMENT WITH RESPECT TO WHICI- I.1.S CERTIFICATE MAY BE ISSUED OR MAY PER`AiN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I-4ERE INN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS C=SUCH POLICIES.LIMITS SHOWN MAY HAVE E3EEN REDUCED BY PAID CLAIMS. _ SW- NIT tADDL '----r......P6L1CY_-.I� PO"CECY EYY -- LT i TYPE OF INSURANCE __Omit: -.FLtlS$:tu POLICY NUMBER ,,. .. aGRosmYY) LIMITS • GENERAL float,rY t I 1,t�,001 PAGN OCCURRENCE ,F 5 "Cfdt -TrYM'_NTE5. A UiALt,lASIOTr X GL00094803 11/15/11 11/15/12 �PHEW'SEs(EsoccUITUnce; s 100,001' >..-- CLAMS-MADE ....... COMMERG1Al GE+IF F X I OCCUR :MED EXP IAsy one parson) S 5,000 FHSpNALr Any I!a a,RY s 1,000,0r i j._..., i GENEMLAGGREGATE $ 2,000,01'1 :GEN'LAGGRFOA?ELssMITAPPUES:PER PRODUCTS Includ=. i _ } Po,icv[ mac* ,Loc Emp Ben. I s Exclude. AUTOMOBILE LIABILITY G)MS/NED SINGLE LIMIT S 1,000,001 faa radenl) B t ANY AUTO CAO014746 11115111 11/15/12 FIDDLY INJURY Met person) g L... AL:OWNED AUTOS SOD(-LY 04JuRY{Per ecdder4 $ �....i SCHEDULED AUTOS PROPERTY DAMAGE .� $. : X t FEtU AV OS I 1 Peemo II) i X: NON OWNED AUTOS. ! s g X UMBRELLALIAe 17-0-CCOR ? EACHOG'C1JRRENCE $ 5,000.0001 I..--1 EXCE8S UA8 ! .............� GLAlMB•#ADF.i 11115(11 11/18/12 ' GA s 5,000,000 C : -,t : 'WUN4USOC9lN4902 - _._. I i,OEOUC.TJSLF -5 _ I X I,REFENTIONN $ 10L000 _ s •AND EMPLOYERS'COMPENSATION --•I -- X:T yj AATiu- .. i ER B ANY PROF/ft El'OR/PAN'NERIEXECJT V$Y F H' 111/CHASING 06/01(11 06/01112 E_EACNACGDENT $ 5500,000' OETICERAAEMBER EXCLUDED? I la I A. ... - - .--_ -1 ,Mandatory In NH) E!I)ISEAEE-EA EMPLOYEE$ 500,0001 Y`has desc!Ibe under I LESCRIPTON OF OPERATIONS below _ Et-DISEASE_POUCY LIMIT i s 500,000' DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES 1AttachACORD 101,AddIttonet Remarks&nodule:if more apnea la required) In reference to Contract#11 5889"Property&Casualty Insurance Broker". Collier County is listed as an additional Insured with respects to General Liability T CERTIFICATE HOLDER CANCELLATION COLl.CO2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN : ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 3301 East Tamlami Trail __________.. Naples,FL 34112 - AUTHORIZED REPRESENTATIVE i 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD WESTPORT INSURANCE CORPORATION CERTIFICATE OF INSURANCE (Claims First Made) Issue Date; 11/15/2011 Certificate Holder: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 3301 T'AM;AMI TRAIL E BLDG 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 NU':VIBER:WED4FL905847R06 NAMED INSU RED: INSURANCE AND RISK MANAGEMENT SERVICES,INC. OTHER INSUREDSAS DEFINED IN POLICY: Policy Aggregate Limit of Liability for all"coverage units":$10,000,000 X CLAIMS EXPENSES ARE IN ADDITION TO THE LIMIT OF LIABILITY FOR THE COVERAGES PROVIDED BY THIS ABOVE POLICY NUMBER Ti CLAIMS EXPENSES ARE INCLUDED 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 NO COVERAGE Aggregate for the Policy Period Deductible: $ 25,000 Per Claim $ 75,000 , Aggregate for the Policy Period Retroactive Date: Full Prior Acts EFFECTIVE DATE: FROM: November 15,2011 TO: November 15,2012. 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