Agenda 10/23/2012 Item #16E2 10/23/2012 Item 16.E.2.
EXECUTIVE SUMMARY
Recommendation to award RFP #12-5920 — Third Party Administrator for Property,
Casualty and Workers' Compensation to Johns Eastern Company, Inc. in the
estimated amount of$113,278 per year and retroactively approve the extension of
the current agreement with Johns Eastern Company, Inc, from 10/1/12 to 12/31/12
for$20,200.
OBJECTIVE: To select a vendor to provide third party claims adjusting services to the
County's Property, Casualty and Workers' Compensation insurance programs and to
retroactively approve the addendum to the current agreement with Johns Eastern.
CONSIDERATION: Pursuant to Florida Statutes Section 768.28 and Chapter 440, the
Risk Management Department administers two risk management funds (Fund 516 and
Fund 518) to manage its Property, Casualty and Workers' Compensation risk financing
programs. The programs require the services of a qualified claims adjusting company
also known as a Third Party Administrator.
The Purchasing Department issued RFP# 12-5920 which was publically advertised on
June 19, 2012. A solicitation notice was sent to approximately one hundred fifty six
(156) email addresses; twenty eight (28) firms downloaded the solicitation package; and
a total of four (4) firms submitted proposals by the required due date of August 23, 2012.
The selection committee met on September 13, 2012 and after a review of the firms'
qualifications, experience, past performance and cost proposal, the unanimous
consensus of the committee resulted in the following ranking of the firms.
1) Johns Eastern Company
2) Commercial Risk Management
3) Corvel
4) Alpin Peer and Associates
The Selection Committee recommends the selection of Johns Eastern Company, Inc. for
award of a three year agreement with the option to renew for two additional one year
periods. The commencement date of the agreement is January 1, 2013.
The existing agreement with Johns Eastern Company, Inc. expired on September 30,
2012. Staff requests that the Board retroactively approve an addendum to that contract
to cover third party administrator services from October 1, 2012 to December 31, 2012
for the estimated cost of $20,200. A requirement of the County's reinsurance carriers is
that third party administrators must be approved by the underwriters. During the RFP
planning meeting on April 17, 2012 with the Purchasing staff, Risk staff determined that
additional time would be needed beyond the September 30, 2012 expiration date to
allow this pre-approval process to take place prior to the submission of proposals. This
pre-approval was a required part of the evaluation criteria. Staff agreed that a three
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10/23/2012 Item 16.E.2.
month administrative extension of the expiring agreement at the same rates, terms and
conditions would afford the time necessary to complete this process. Johns Eastern
agreed to the extension. Due to the unfortunate and sudden medical disability retirement
of a staff member, the extension of the agreement was inadvertently overlooked.
FISCAL IMPACT: The estimated annual fees are $113,278 for the core services
provided under the contract. This compares to estimated annual base fees of $80,800
under the expiring agreement. However, it should be noted that the old agreement was
subject to maximum annual claim counts with additional per claim fees, subject to audit,
should these maximums be exceeded. The new agreement is not subject to these
maximum claim counts. Funds are budgeted within Fund 516, Property and Casualty
Insurance and Fund 518, Workers' Compensation Insurance for this purpose. The
estimated fees for Addendum VIII are approximately $20,200 and are budgeted within
Fund 516. This is approximately $8,119.50 less than the cost under the new agreement
for the comparable three month period.
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 1)approves the award of award RFP #12-5920 —
Third Party Administrator for Property Casualty and Workers' Compensation to Johns
Eastern Company, Inc.; 2) authorizes the Chairman to execute the Agreement after
review by the County Attorney; 3) retroactively approves the extension of the current
agreement with Johns Eastern Company, Inc, from 10/1/12 — 12/31/12 for $20,200; and
4) authorizes the Chairman to execute the addendum to the agreement with Johns
Eastern to cover the period from 10/1/12 — 12/31/12.
PREPARED BY: Jeff Walker, CPCU, ARM, Director, Risk Management
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10/23/2012 Item 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
Item Summary: Recommendation to award RFP#12-5920—Third Party Administrator for
Property, Casualty and Workers' Compensation to Johns Eastern Company, Inc. in the
estimated amount of$113,278 per year and retroactively approve the extension of the current
agreement with Johns Eastern Company, Inc, from 10/1/12 to 12/31/12 for$20,200.
Meeting Date: 10/23/2012
Prepared By
Name: WalkerJeff
Title: Director-Risk Management,Risk Management
9/25/2012 2:36:54 PM
Submitted by
Title: Director-Risk Management,Risk Management
Name: WalkerJeff
9/25/2012 2:36:55 PM
Approved By
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 9/25/2012 5:20:32 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing&Ge
Date: 9/25/2012 5:20:41 PM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 9/26/2012 8:45:05 AM
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing&General Services
Date: 9/27/2012 12:26:20 PM
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10/23/2012 Item 16.E.2.
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 9/27/2012 3:30:10 PM
Name:PriceLen
Title: Administrator, Administrative Services
Date: 10/9/2012 5:04:36 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 10/12/2012 11:06:37 AM
Name:KlatzkowJeff
Title: County Attorney
Date: 10/12/2012 2:01:58 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/12/2012 3:44:48 PM
Name: OchsLeo
Title: County Manager
Date: 10/13/2012 2:01:53 PM
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10/23/2012 Item 16.E.2.
AGREEMENT 12-5920
for
Third Party Administrator for Property, Casualty and Workers Compensation
THIS AGREEMENT, made and entered into on this day of 2012, by and
between Johns Eastern Company, Inc., authorized to do business in the State of Florida,
whose business address is 6015 Resource Lane, Lakewood Ranch, FL 34202, (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the
"County"):
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a three (3) year period commencing
upon issuance of the Notice to Proceed in the form of a letter from the Contract Manager
and replaces all prior agreements between the County and the Contractor. The County
may, at its discretion and with the consent of the Contractor, renew the Agreement
under all of the terms and conditions contained in this Agreement for two (2) additional
one (1) year periods. Fees for each of the renewals shall be presented by the Contractor
to the County no later than ninety (90) days prior to renewal and are subject to approval
by the Board of County Commissioners.
The County shall give the Contractor 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 Contractor shall provide third party administration
services in accordance with the terms and conditions of RFP #12-5920 and the
Contractor'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
Contractor and the County Project or Contract Manager or his designee, 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 Contractor for the performance of this
Agreement the following compensation:
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PROPERTY CASUALTY(NORMAL CLAIMS FEES)
January 1, 2013 through December 31, 2013 $ 49,500
(annual fee)
January 1, 2014 through December 31, 2014 $ 49,500
(annual fee)
January 1,2015 through December 31,2015 $ 49,500
(annual fee)
The annual fees represented above include the takeover of all old claims X Yes
No
Field investigation fees (first ten (10)per year included; if greater than ten provide fee). 500 or$85/hr+
$expenses
_(per investigation
if greater than 10
per year)
WORKERS' COMPENSATION
$39,500
January 1, 2013 through December 31, 2013
(annual fee)
$ 39,500
January 1, 2014 through December 31,2014
(annual fee)
$39,500
January 1, 2015 through December 31, 2015
(annual fee) Atitk
The annual fees represented above include the takeover of all old claims. _X Yes
No
Field investigation fees (first ten (10)per year included; if greater than ten $500 or$85/hr+
provide fee). $expenses
(per investigation if
greater than 10 per
year)
Medical review and audit services charge $ 14.00 (per review
and service audit)
CATASTROPHE PROPERTY CLAIMS SERVICES-FEE SCHEDULE
Full Repair Cost Service Fee
$ 0.01 - $2,500.00 $387.00
2,500.01 - 5,000.00 485.00
5,000.01 - 7,500.00 572.00
7,500.01 - 10,000.00 681.00
10,000.01 - 15,000.00 864.00
15,000.01 - 20,000.00 1,012.00
20,000.01 - 25,000.00 4.5%of Loss -
$1,025 minimum
25,000.01 - 35,000.00 4%of Loss -
$1,200 minimum
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35,000.01 - 50,000.00 3.5%of Loss -
$1,400 minimum
50,000.01 - 100,000.00 3%of Loss -
$1,750 minimum
Over 100,000.00 2.0%of Loss -
$3,000 minimum
1. Full Repair Cost-Agreed cost to repair or replace before applying depreciation,
deductible,or other
clauses limiting coverage.
2. Denials charged at$600 plus expenses.
3. In addition to the schedule, the following charges will be made:
a.All miles driven at$0.445 per mile.
b. Outside fees, reports,telephone, and other direct expense, at cost.
c.Administrative/Set up fee- $50.00
d. Drive time charged and mileage(both prorated when possible)when loss is more than
20 miles from our base of operation.
4. We will limit our office-based adjusting and administrative fees for a catastrophic
occurrence generating 20 or more exposures to$10,000.All field work would be handled
based on the above Catastrophe Rate Schedule.
PROPERTY FEE SCHEDULE
Full Repair Cost
$0.01 - $500.00 Full Adjustment
500.01 - 1,000.00 $225.00
1,000.01 - 2,500.00 256.00
2,500.01 - 5,000.00 379.00
5,000.01 - 7,500.00 465.00
7,500.01 - 10,000.00 559.00
10,000.01 - 15,000.00 669.00
15,000.01 - 20,000.00 825.00
20,000.01 - 30,000.00 980.00
30,000.01 - 40,000.00 4.5%of Loss -
$995 minimum
40,000.01 - 55,000.00 3.5%of Loss -
$1,350 minimum
55,000.01 - 70,000.00 3.0%of Loss -
$1,400 minimum
70,000.01 - 90,000.00 2.5%of Loss -
$1,650 minimum
90,000.01 - 110,000.00 2.0%of Loss -
$1,750 minimum
110,000.01 - 150,000.00 2.0%of Loss -
$1,800 minimum
150,000.01 - ABOVE 2.0%of Loss -
$2,200 minimum
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10/23/2012 Item 16.E.2.
2.0%of Loss -
$3,000 minimum
1. Above fees include local telephone, file creation,copying, and secretarial support.
2. Full Repair Cost-Agreed cost to repair or replace before applying depreciation,
deductible,or other clauses limiting coverage.
3. In addition to the schedule,the following charges will be made:
a. All miles driven at the current Florida Statutes Section 112.061 rate.
b. Photos-$1.00 each
c. Outside fees,reports,telephone, and other direct expense, at cost.
4. These schedules do not apply to catastrophes.
5. All assignments handled by General Adjuster will be billed at the full adjustment rate.
6. Subrogation efforts charged on an hourly basis.
DATA CAPTURE AND CHECK ISSUANCE SERVICES
Fee per data capture and check issuance from January 1, 2013 through
December 31, 2013
Fee per data capture and check issuance from January 1, 2014 through $ 60
December 31, 2014 (per data capture
and check
issuance)
Fee per data capture and check issuance from January 1, 2015 through $ 60
December 31, 2015 (per data capture
and check
issuance)
Do the annual fees represented above include the takeover of all old claims? $ 60
(per data capture
and check
issuance)
X Yes
No
Payment will be made upon receipt of a proper invoice and upon approval by the Project
Manager or his designee, 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) 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.
3.2 TRAVEL AND REIMBURSABLE Travel and Reimbursable Expenses must be approved
in advance in writing by the County. Travel expenses shall be reimbursed as per Section
112.061 Fla. Stats.
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10/23/2012 Item 16.E.2.
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 Contractor has provided all receipts.
Contractor shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
4. SALES TAX. Contractor 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 Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Johns Eastern Company, Inc.
6015 Resource Lane,Lakewood Ranch, FL 34202
Telephone (941) 907-3100; Fax (813) 402-7914
Email: bad kins@johnseastern.com
Beverly Adkins, AIC,AIM, Executive Vice President
All Notices from the Contractor 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
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10/23/2012 Item 16.E.2.
Attention:Joanne Markiewicz, Interim Purchasing &General Services Director
Telephone: 239-252-8975
Facsimile: 239-252-6480
The Contractor and the County may change the above mailing address 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 Contractor or to constitute the Contractor 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 Contractor. 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 Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor 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 Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor 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 Contractor 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.
Asitot
In the event that the County terminates this Agreement, Contractor's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Contractor shall not be entitled to any other or further recovery
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against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
D. Professional Liability: Shall be maintained by the Consultant to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Consultant waives its right of recovery against County as to any claims
under this insurance. Such insurance shall have limits of not less than $1,000,000 each
claim and in the aggregate.
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 Contractor 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.
Contractor shall ensure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide County
with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
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employees from any and all liabilities, damages, losses and costs, including, but not
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limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor 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: Contractor 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. Contractor 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 following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #12-5920
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 Contractor 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, as either
may be amended. Failure by the Contractor to comply with the laws referenced herein
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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 in compliance with the Purchasing Policy.
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 Contractor 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 Contractor 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.
23. VENUE. 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.
24. KEY PERSONNEL/PROTECT STAFFING: The Contractor'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 ensure that competent persons will be utilized in the performance of the
contract. The Contractor shall assign as many people as necessary to complete the
required services on a timely basis, and each person assigned shall be available for an
amount of time adequate to meet the requirements of the Agreement The Contractor
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 Contractor shall
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10/23/2012 Item 16.E.2.
make commercially reasonable efforts to notify Collier County within seven (7) days of
the change. The County retains final approval of proposed replacement personnel.
25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Agreement shall take precedence over
the terms of all other Contract Documents.
26. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Contractor does, with approval, assign this Agreement or any part thereof, it shall require
that its assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
*******************Remainder of page intentionally left blank******************************
Alfik
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I
10/23/2012 Item 16.E.2.
IN WITNESS WHEREOF, the Contractor 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: COLLIER COUNTY,FLORIDA
Dwight E. Brock,Clerk of Courts
By: By:
Dated: Fred W.Coyle,Chairman
(SEAL)
Johns Eastern Company,Inc.
Contractor
By:
First Witness Signature
TType/print witness nameT
Second Witness Typed signature and title
TType/print witness nameT
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
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10/23/2012 Item 16.E.2.
==.11 JOHNS EASTERN COMPANY, INC.
$` Claim Adjusters and Third Party Administrators
ADDENDUM VIII
to
SERVICE CONTRACT FOR
WORKERS' COMPENSATION,LIABILITY AND COMMERCIAL PROPERTY CLAIMS
HANDLING
This is the Eighth Addendum to the Agreement entered into between Johns Eastern Company,
Inc., hereinafter called the SERVICE AGENT, and COLLIER COUNTY, hereinafter called the
EMPLOYER,dated the 1st day of October 2000.
Section 5 of the Agreement shall be amended and remuneration to be paid there under as
follows:
5. Compensation for the Service Agent. For performing its services under this
Agreement,the Service Agent shall be entitled to the following compensation:
a. Fees for claims handling for the Employer for workers' compensation
exposures whose dates of loss fall between October 1,2012 and December 31,
2012 will be a minimum and deposit of$10,375.00. This minimum and
deposit will be billed on October 1, 2012.
This fee contemplates handling 40 workers' compensation exposures for the
three month period. There will be no charge for report only exposures. If the
number of exposures exceeds 40,the fees will be$1,195.00 per lost time
exposure and $170.00 per medical only exposure.
If Employer requires Service Agent to enter report only claims,the fee would
be $25.00 per report. If the Employer enters the report only claims via the
Service Agent's online system,there is no charge.
The workers' compensation rates will be a one-time charge over the life of the
contract. The above fee covers all claims management/administration and
data processing services outlined in the proposal.All years are subject to
audit.
b. Fees for claims handling for the Employer for exposures other than workers'
compensation whose dates of loss fall between October 1, 2012 and December
31, 2012 will be a minimum and deposit of$9,825.00 to be billed on October
1, 2012.
Packet Page-1775-
10/23/2012 Item 16.E.2.
This above minimum and deposit contemplates handling 17 automobile BI,
Amok
automobile PD, crime, errors& omissions, GLIBI, GL/PD, Property Building
and Property Contents claims. If the number exceeds 17 then fees will be as
follows:
Auto Collision per exposure $226.00
Auto Comprehensive per exposure $226.00
Auto Bodily Injury per exposure $710.00
Auto Prop Damage per exposure $452.00
Crime per exposure $579.00
Errors&Omissions per exposure $1,023.00
General Liability/BI per exposure $710.00
General Liability/PD per exposure $452.00
Property Building per exposure $483.00
Property Contents per exposure $483.00
The above fees cover all claims management/administration and data
processing services previously outlined in this proposal. All years are subject
audit.
c. The Service Agent understands that there are certain liability exposures (i.e.
property damage, small property claims, automobile physical damage, etc.)
that the Employer prefers to handle in house. The Service Agent's
responsibility would be limited to data capture and check issuance. Charges
for those exposures would be $60.00 per exposure. The fee would cover
entering all pertinent data into the AIM system, and issuing appropriate
checks.
If the Employer chooses to enter these exposures into Service Agent's system
and issue appropriate checks in-house, we would charge an annual
administrative fee of$2,500.00,which includes all loss reporting,data transfer
to STARS, and technical support. *Data capture in Service Agent's system
requires manual payment information entry.
d. Allocated expenses are charged to file. Fees for any field investigation will be
$95.00 per hour, $0.50 per mile and $1.00 per color photograph. Fees for field
work for first party property claims will be billed at the current attached
Property Rate Schedule. Mileage charges will be incurred only for time and
travel occurring within Employer's boundaries. There will be no charge for
travel time to or from the Employer.
If a catastrophe occurs, there will be numerous exposures under one
occurrence. We will limit our office-based claims handling fees for any
catastrophe-caused multiple exposure occurrences to 20 exposures. All
fieldwork would be handled based on the current attached Catastrophe Rate
Schedule.
Packet Page-1776-
10/23/2012 Item 16.E.2.
e. Provider Bill Review/Cost Containment Services will be billed at a rate of
$5.95 per bill and 30%of all savings over and above Fee Schedule reductions.
Retrospective bill review/hospital bill audits and out-of-network negotiated
bills will be billed at a rate of 35% of savings over and above Fee Schedule
savings.
All other terms and conditions of the original contract remain unchanged.
IN WITNESS WHEREOF, the Service Agent, Johns Eastern Company, Inc.,
and the Employer, Collier 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: BOARD OF COUNTY COMMISSIONERS
Dwight E. Brock. Clerk of Courts COLLIER COUNTY, FLORIDA
By:
Deputy Clerk By:
Fred W. Coyle, Chairman
Dated:
JOHNS EASTERN COMPANY, INC.
By:
Witness Signature Beverly Adkins, Executive Vice President
Witness Signature Typed/Printed Signature
.proved as to form and legal sufficiency:
(; o'leen Green
Assistant County Attorney
Packet Page-1777-
{
10/23/2012 Item 16.E.2.
' JOHNS EASTERN COMPANY. INC. Insurance adiusters
P.O. Box 110239 * Lakewood Ranch, FL 34211
Tel: (941) 907-3100 * FAX: (941) 907-7226 *TOLL FREE 1-800-749-3044
PROPERTY RATE SCHEDULE
Full Repair Cost Appraisal Only Full Adjustment
$ 0.01-$ 500.00 $180.00 $225.00
500.01 - 1,000.00 205.00 256.00
1,000.01 - 2,500.00 334.00 379.00
2,500.01- 5,000.00 397.00 465.00
5,000.01- 7,500.00 517.00 559.00
7,500.01-10,000.00 617.00 669.00
10,000.01 - 15,000.00 715.00 825.00
15,000.01 - 20,000.00 850.00 980.00
20,000.01 -30,000.00 n/a 4.5% of Loss- $ 995 minimum
30,000.01 -40,000.00 n/a 3.5%of Loss- $1,350 minimum
40,000.01 -55,000.00 n/a 3.0%of Loss- $1,400 minimum
55,000.01-70,000.00 n/a 2.5%of Loss- $1,650 minimum
70,000.01 -90,000.00 n/a 2.0%of Loss- $1,750 minimum
90,000.01- 110,000.00 n/a 2.0% of Loss- $1,800 minimum
110,000.01-150,000.00 n/a 2.0%of Loss- $2,200 minimum .:w5 °
150,000.01 -ABOVE n/a 2.0%of Loss- $3,000 minimum
1. Above fees include local telephone, file creation, copying, and secretarial
support.
2. Full Repair Cost - Agreed cost to repair or replace before applying
depreciation, deductible, or other clauses limiting coverage.
3. In addition to the schedule,the following charges will be made:
a. All miles driven at$0.50 per mile.
b. Photos- $1.00 each
c. Outside fees, reports,telephone,and other direct expense,at cost.
d. Drive time charged (prorated when possible) when loss is more than 20
miles from our office.
4. These schedules do not apply to catastrophes.
5. All assignments handled by General Adjuster will be billed at the full
adjustment rate.
6. Subrogation efforts charged on an hourly basis.
Packet Page-1778-
10/23/2012 Item 16.E.2.
a" JOHNS EASTERN COMPANY, INC. Insur9rtce adiusters,
jr, . ox 110239 * Lakewood ,
Tef:P.O {9B41) 907-3100 * FAX; {941)Ranch 907-7226 FL 34211*TOLL FREE 1-800-749-3044
CATASTROPHE FEE SCHEDULE
Full Repair Cost Service Fee
$ 0.01- $ 2,500.00 $387
2,500.01- 5,000.00 485.00
5,000.01 —7,500.00 572.00
7,500.01- 10,000.00 681.00
10,000.01- 15,000.00 864.00
15,000.01 —20,000.00 1,012.00
20,000.01 — 25,000.00 4.5% of Loss- $1,025 minimum
25,000.01 —35,000.00 4%of Loss- $1,200 minimum
35,000.01—50,000.00 3.5% of Loss- $1,400 minimum
50,000.01 - 100,000.00 3%of Loss- $1,750 minimum
Over 100,000.00 2% of Loss — $3,000 minimum
•
1. Full Repair Cost — Agreed cost to repair or replace before applying
depreciation,deductible, or other clauses limiting coverage.
2. In addition to the schedule,the following charges will be made:
a. All miles driven at$0.50 per mile.
b. Photos-$1.00 each
c. Outside fees,reports,telephone,and other direct expense,at cost.
d. Administrative/Set up fee- $35.00
e. Drive time charged (prorated when possible) when loss is more than 20
miles from our base of operation.
Packet Page-1779-