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2000-24121 RESO RESOLUTION NO. 2000-24121 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR CLAIM ADMINISTRATION SERVICES FOR THE CITY OF MIAMI BEACH SELF-INSURED WORKERS' COMPENSATION PROGRAM. WHEREAS, the City is approved by the Florida Department of Labor and Employment SecuritylDivision of Workers' Compensation to self-insure for Workers' Compensation; and WHEREAS, the Division of Workers' Compensation requires that claims administration be provided by a State Certified Workers' Compensation Administrator; and WHEREAS, on January 10, 1996, the Mayor and City Commission authorized the Administration to execute an Agreement with Johns Eastern Co., as the State Certified Workers' Compensation Administrator, to provide the claims administration for the Self-Insured Workers Compensation Program for three years,with renewal options for two additional one-year periods; and WHEREAS, the Administration has continued the Agreement with Johns Eastern Co. through option years one and two for a total service agreement period of five years, which expires on January 31, 2001; and WHEREAS, the issuance of an RFP for the aforestated services would allow the City to move . forward with the selection of a State Certified Workers' Compensation Administrator as required by the Division of Workers' Compensation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Administration to issue a Request for Proposals (RFP) for Claim Administration Services for the City of Miami Beach Self-Insured Workers' Compensation Program. PASSED AND ADOPTED this 18th day of October ,2000. 11 Mayor ATTEST: ~r~~ City Clerk APPROVED AS 10 FORM & LANGUAGE & FOREXECUnON 1{tJJ::!!, ~--()l) CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. I,Co-OO TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: October 18, 2000 FROM: Jorge M. Gonzalez City Manager d~ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR CLAIM ADMINISTRATION SERVICES FOR THE CITY OF MIAMI BEACH SELF-INSURED WORKERS' COMPENSATION PROGRAM. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: The City is approved by the Florida Department of Labor and Employment Security/Division of Workers' Compensation to self-insure for Workers' Compensation. The Division of Workers' Compensation requires that the claims administration be provided by a State Certified Workers' Compensation Claims Administrator. On January 10, 1996, the Mayor and City Commission authorized the Administration to execute an Agreement with Johns Eastern Co. as the State Certified Workers' Compensation Claims Administrator. The Agreement period was for three years with renewal options for two additional one-year periods. The Administration has continued the Agreement through option years one and two for a total service agreement period of five years. The current Agreement expires on January 31,2001. The issuance of an RFP will allow the City to move forward with the selection of a State Certified Workers' Compensation Claims Administrator. The City Administration recommends that the City Commission authorize the Administration to issue a Request for Proposals for Claims Administration Services for the City of Miami Beach Self- Insured Workers' Compensation Program. JG:~~C~.L ~ Attachme&s' f:\RlSK\SAI.L\Clifl\Workcomp eso,rfp AGENDA ITEM ~~f! DATE IO-IS-DO SECTION II -SCOPE OF SERVICES A. WORKERS' COMPENSATION CLAIMS ADJUSTING AND INVESTIGATION SERVICES: Upon receipt of all workers' compensation claims, the claims administrator shall perform the following: I. The claim manager or supervisor will review all notices of injury received from the City prior to the assignment to an adjuster approved by the City. 2. Accept or deny all reported claims for employees' injuries on behalf of the City in accordanoe with the applicable Workers' Compensation Law. The decision to controvert a claim must first be discussed with and approved by the City. 3. To conduct the required investigations as deemed necessary as it relates to workers' compensation including scene investigations and personal claimant contact on aU lost time or light dutv cases. Contact with claimants is to be made within 24 hours of the administrator's receipt of the claim. 4. Subject to the prior approval of, and at the expense of the City, employ outside professionals such as surveillance, rehabilitation, experts and attorneys to assist in the investigation and adjustment of claims. Payment will be made by the administrator from the loss fund as an aUocated expense. 5. Review aU medical biUs and other services for which a claim is being made for reasonableness and conformity to appropriate medical and surgical fee schedules and network discounts. 6. Coordinate the medical treatment of all claims by setting appointments and authorizing necessary physician referrals and treatments. 7. Every 14 days provide written notification indicating all employees that are not working in a fuU duty unrestricted capacity. 8. Every 90 days, submit a full sununary report to the City on all claims of the following lypes: - any claim in which an employee is not working full duty - total incurred value exceeding $50,000 - potentiaUy controverted cases - claims in which settlement (washout) is recommended RFP No: 145-99/00 Date: October 20, 2000 12 9. The administrator must have approval for all settlements. For settlements for more than $10,000, the administrator will submit a full captioned report to the City summarizing all issues and evaluating exposures along with a settlement recommendation for City approval. . 10. Prepare and maintain files necessary for legal defense of claims and/or other litigation (such as actions for subrogation) or other proceedings. II. Pay in a timely fashion all claims and expenses from the loss fund account established by the City, which will be maintained by the administrator. Fees, interest and civil penalties required due to late payments or adjuster mishandling are to be paid by the administrator unless caused by late reporting from the City. 12. Pursue all possibilities of subrogation, liens and recovery from the Special Disability Fund. 13. The City will approve and assign the attorneys that provide the defense of claims. The administrator is to provide the defense attorney a complete copy of the file in question at the time an assignment is made. The administrator will provide a monthly report to the City regarding new legal assignments. 14. The administrator will attend workers' compensation hearings and mediation as requested by the City. 15. Provide all required managed care services as required by Florida Statute 440. with nurses/medical case managers employed by the administrator and located in the local claims office. Provide your fees for these services separately, as these fees will be paid as allocated expenses. B. STAFFING AND PERSONNEL: It is the City's claims management philosophy that the proper and most cost-effective method to handle claims and thereby reduce and control the City's self-insured loss payments is to ensure the administrator hires and retains the appropriately qualified professionals to handle our claims. Additionally, the adequate number of adjusters and a manageable caseload enables qualified adjusters to perform the required services. The City therefore requires that the proposer agree to staffing, qualifications and caseload criteria established by the City. The City reserves the right to the final prior approval of the hiring and/or assignment of the claims manager, supervisors and adjusters that are to handle the City's claims. The required maximum open case loads for adjusters are to be as follows (claims manager should not handle files): workers' compensation (lost time) - 100 workers' compensation (medical only) - 500 RFP No: 145-99/00 Date: October 20, 2000 13 The administrator agrees to add staff as necessary to maintain these maximum pending caseload levels. Explain how the office or unit will be staffed and explain the level of supervision that will be provided. Claims personnel must be employees of the administrator. The use of independent adjusters, subcontractors or temporary adjusters is not acceptable without prior approval of the City. Adjuster trainees are not acceptable for handling of the City's claims. Additionally, resumes of all claims professionals specifically assigned to this account are to be submitted with this proposal. All claims professionals must possess a current Florida Workers, Compensation adjuster's license. C. ADMINISTRATION SERVICES: The administrator will additionally perform the following related services: 1) State required filings 2) Loss fund management 3) Computer generated loss runs and other management reports as required D. ST ATE REQUIRED FILINGS: 1. The administrator will prepare and file, on behalf of the City, with the appropriate state agency, all applications required for the City's continued qualification as a self-insurer. 2. Prepare, maintain, and file all records and reports as may be required by legal authorities (state or federal). 3. Prepare, maintain and file statistical information required by workers' compensation rating bureaus, including all data required for the promulgation of the City's experience modification and state assessments. (BSI-17) 4. Prepare and file any other reports as required by the City and the state relating to claims experience, payments, etc. E. LOSS FUND MANAGEMENTI I. The Imprest Account will be maintained at the City's commercial banking institution. The account will be classified as part of the analysis group of City accounts. The City will pay all service fees that are normal and customary in this account. All interest earned or service credits generated will accrue to the benefit of the City. 2. The claims administrator is required to follow Florida law concerning public deposits. Failure to comply with Florida law is sufficient cause forthe City to terminate the contractual agreement with the claims administrator. RFP No: 145-99/00 Date: October 20, 2000 14 3. All claims, expense and legal payments will be made by the claims administrator on checks drawn on an account set up by the administrator and funded monthly by the City. It is understood that all funds in this account are City funds and are to be returned to the City upon request or at termination of this contract. 4. The administrator is responsible for the monthly reconciliation of this account and will provide bank statements to the City monthly, along with a request for a deposit from the Cily to maintain the monthly balance in the loss fund, as determined by the City. 5. The monthly reconciliation statement submitted by the administrator to the City will include the following: - balance at inception of statement period - total disbursements which cleared, by date and claimant/payee - balance at close of statement period - amount of deposit required 6. A list of all checks is to be submitted monthly. F. COMPUTER LOSS INFORMATION: All charges related to these services are to be included in the annual claims administration fee. Any costs associated with programming changes that are necessary to create a report required by the City are the responsibility of the administrator. Advise what reports can be provided beyond those requested by the City and whether there is an additional charge for these optional reports. Indicate any fees to be charged for the creation of any special reports requested by the City, as necessary. All reports currently provided to the City are required from the successfully selected administrator. All claims data is the property of the City and any data and media will be provided to the City upon request or upon termination of this agreement. All computer notes will be printed out and placed in the files prior to file transfer to a successive administrator. The selected administrator, at their expense, will ensure all claim and payment data is included in their loss runs by 06/01/01. Historical data from our current administrator's database cannot be purged. Claims data for all open and closed claims must be transferred. Loss runs are to be provided on a quarterly basis (2 copies), sorted separately by policy year, and department/location. Loss runs should list each claim separately. Specific summary reports also must be provided. The following reports are required: I. Claims list - lists all claims alphabetically 2. Check register 3. Annual summary reports 4. Location report RFP No: 145-99/00 Date: October 20, 2000 15 5. Large loss or severity report 6. Loss prevention report to include accident frequency and severity 7. Litigation report 8. Legal payments report 9. SAF 200 (OSHA log) Workers' compensation claims involving no payment or no medical treatment are reported by the City for inclusion in the data base as reporting purpose only (RPO) or first aid or no pay cases and should be identified in the system that way. The administrator must provide the City the ability to dial-in via modem to the system for file review, e-mail or other purposes at no additional cost to the City. An 800 or other toll- free number is necessary for on-line connections and faxes if the call is outside Miami-Dade County. The administrator will also provide an 800 or toll-free telephone line for calls from within Miami Dade County. G. CLAIMS HISTORY The information provided as to current pending claims data is provided by our current administrator and is accurate to the best of the City's knowledge. The proposer has the right to contact the present administrator to review current files if desired and it is the responsibility of the proposer to confirm the pending claim counts in order to determine any takeover fees. Please see attached for a claim experience. RFP No: 145-99/00 Date: October 20, 2000 16 SECTION IV -EV ALVA TION/SELECTION PROCESS: CRITERIA FOR EV ALVA TION The procedure for proposal evaluation and selection is as follows: I. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors: 1. The proposer's responsiveness to the RFP. 2. The proposer's qualifications and experience in providing administration services. 3. The qualifications and experience of the proposer's personnel that will be assigned to the account. 4. The proposer's experience and knowledge of municipal administration/operations. 5. Cost ofservices provided (fee). 6. Demonstration of successful prior performance in providing these services to government agencies. 7. Proposer's references. Submit a list of current clients. Also submit a list of clients which discontinued using your service in the past two (2) years. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. RFP No: 145-99100 Date: October 20, 2000 18 8. Negotiations between the selected proposer and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiae a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. Imoortant Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP No: 145-99/00 Date: October 20, 2000 19