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Item P2County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting May 16, 2018 Agenda Item Number: P.2 Agenda Item Summary #4159 BULK ITEM: Yes DEPARTMENT: Risk Management TIME APPROXIMATE: STAFF CONTACT: Maria Slavik (305) 295 -3178 N/A AGENDA ITEM WORDING: Approval to advertise a request for proposals (RFP) for General Liability, Vehicle Liability, Public Official /Employee Practices Liability and Excess Workers' Compensation Liability Insurance policies. ITEM BACKGROUND: The County's General Liability, Vehicle Liability and Public Officials /Employee Practices Liability insurance policies provide coverage for sums that the County may become obligated to pay due to a bodily injury, property damage, or personal injury arising out of County business operations. The Excess Workers' Compensation policy provides coverage with statutory benefits in excess of the County's self- insured retention. The Excess Workers' Compensation policy also provides Employers Liability coverage with limits of $1,000,000 for claims that have the appearance of a workers' compensation claim but fall outside of the purviews of Florida Statute 440. These policies were renewed three times since the last procurement. Pursuant to County purchasing policy chapter 10 this solicitation must be issued to obtain new quotes. PREVIOUS RELEVANT BOCC ACTION: These insurance policy coverages were initially procured through a bid solicitation in 2014 then the BOCC approved renewals of these coverages in 2015, 2016 and 2017. CONTRACT /AGREEMENT CHANGES: It is being recommended that we bid both of these policies as a bundled package in anticipation of receiving a better premium from carriers. The renewal effective date will be October 1, 2018. STAFF RECOMMENDATION: Approval to advertise. DOCUMENTATION: 2018 RFP General, Auto & Worker's Compensation FINANCIAL IMPACT: Effective Date: October 1, 2018 Expiration Date: September 30, 2019 Total Dollar Value of Contract: Advertising Total Cost to County: Advertising Current Year Portion: Advertising Budgeted: Yes Source of Funds: Internal Service Fund /Primarily Ad Valorem CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: REVIEWED BY: Maria Slavik Completed 04/30/2018 12:15 PM Chris Ambrosio Completed 04/30/2018 12:37 PM Bob Shillinger Completed 05/01/2018 9:43 AM Bryan Cook Completed 05/01/2018 11:01 AM Cynthia Hall Completed 05/01/2018 11:07 AM Budget and Finance Completed 05/01/2018 1:22 PM Kathy Peters Completed 05/01/2018 2:15 PM Board of County Commissioners Pending 05/16/2018 9:00 AM MONROE COUNTY REQUEST FOR PROPOSALS FOR LIABILITY AND EXCESS WORKERS' COMPENSATION INSURANCE BOARD OF COUNTY COMMISSIONERS Mayor, David Rice, District 4 Mayor Pro Tem, Sylvia Murphy, District 5 Danny Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 COUNTY ADMINISTRATOR Roman Gastesi CLERK OF THE CIRCUIT COURT EMPLOYEE SERVICES Kevin Madok, CPA RISK MANAGEMENT May 17, 2018 1 of 100 TABLE OF CONTENTS SECTION ONE - INSTRUCTIONS TO PROPOSERS SECTION TWO - SAMPLE AGREEMENT EXHIBIT A - SCOPE OF SERVICES SECTION THREE- COUNTY FORMS SECTION FOUR — REQUESTED COVERAGES A. GENERAL LIABILITY B. VEHICLE LIABILITY AND PHYSICAL DAMAGE C. PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES LIABILITY D. EXCESS WORKERS' COMPENSATION SECTION FIVE — PROPOSAL FORMS A. GENERAL LIABILITY B. VEHICLE LIABILITY AND PHYSICAL DAMAGE C. PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES LIABILITY D. EXCESS WORKERS' COMPENSATION SECTION SIX — UNDERWRITING INFORMATION A. PROJECTED PAYROLLS B. VEHICLE SCHEDULE C. CURRENTLY VALUED LOSS RUNS (included as separate attachments) D. AIRCRAFT AND PILOT INFORMATION 2 of 100 SECTION ONE: INSTRUCTIONS TO PROPOSERS 1. Objective of the Request for Proposals (RFP). Monroe County is seeking insurance agent(s) duly licensed in the State of Florida to provide the County with insurance coverages in accordance with the specifications outlined in this Request for Proposals. The County anticipates that the contract will be awarded for an effective date of October 1, 2018. The initial policy term will be for 1 year and the County may elect to renew for up to three (3) additional consecutive 1 -year terms, dependent upon acceptability of cost, coverage, service, provider stability and market conditions, with Board of County Commission review. The County is requesting proposals for the following coverages: ➢ Excess Workers' Compensation ➢ Commercial General Liability ➢ Business Automobile Liability ➢ Automobile Physical Damage (scheduled vehicles) ➢ Public Officials Liability (including Employment Practices Liability) The County prefers that all of the requested coverages be provided by one agent and one insurer but retains the right to purchase the coverages from different agents and insurers. Proposers are required to indicate if the coverages can be purchased separately and are required to provide the pricing for separate coverages and pricing for a "Package" program that includes all of the requested coverages under one master insurance policy. The County also desires to evaluate the cost benefits of having the requested coverages provided on a "Net of Commission" basis and paying the selected agent(s) an annual fee for administering the program. Agents are requested to provide proposals based on a Commission and a Net of Commission basis. Proposers are required to submit their proposals on the proposal forms included within this RFP. The proposal forms are structured to allow the Proposer to provide the cost of individual coverages and the cost of the coverages combined. In addition, the proposal forms will permit the Proposer to provide a response based on a "Fee" and a "Commission" basis. 2. Background Information Monroe County is a non - charter county and a political subdivision of the State of Florida. The County population is approximately 71,492 as of the last census. The Board of County Commissioners, constituted as the governing body, has all the powers of a body corporate, including the powers to contract; to sue and be sued; to acquire, purchase, hold, lease and convey real estate and personal property; to borrow money and to generally exercise the powers of a public authority organized and existing for the purpose of providing community services to citizens within its territorial boundaries. In order to carry out this function, the County is empowered to levy taxes to pay the cost of operations. Monroe County is the southernmost county in the United States. It is comprised of the Florida Keys and a portion of the Florida Everglades. The Florida Keys are an archipelago of islands stretching from Key West, only 90 miles from Cuba, up to the mainland. In addition to the unincorporated county, there are five municipalities in the Florida Keys: Key West, Marathon, Key Colony Beach, Layton, and Islamorada. Further information about the demographics of the County can be found 3 of 100 here: http:// www. monroecounty- fl.gov /index.aspx ?NID =27 Approximately one -third of the population is situated in the City of Key West, which is the county seat; however, the County offers services throughout the Keys, and has government buildings throughout the Lower Keys (primarily Big Pine Key), Middle Keys (primarily Marathon), and Upper Keys (primarily Plantation Key and Key Largo) in addition to Key West, with employees stationed in all locations. 3. Current Insurance Program Coverage Insurer Agent Policy Limits Deductible/ Annual Type Term SIR Premium Excess Florida Municipal Florida League 10/1/17 W/C — Statutory Workers' Insurance of to Employee. Liability $500,000 $397,835 Compensation Trust Cities 10/1/18 $1 Million Commercial Florida Florida 10/1/17 General Municipal Insurance League of to $5 Million $200,000 $195,316 Liability Trust Cities 10/1/18 Business Florida Florida 10/1/17 Automobile Municipal Insurance League of to $5 Million $200,000 $71,231 Liability Trust Cities 10/1/18 Automobile Florida Municipal Florida League 10/1/17 Physical Insurance of to ACV $1,000 $8,751 Damage Trust Cities 10/1/18 Public Officials Florida Florida 10/1/17 Incl. in Liability Municipal League to $5 Million $200,000 Commercial (including Insurance of 10/1/18 General EPL Trust Cities Liability The County's Commercial General Liability policy has been endorsed to provide limited Cyber Liability coverage on a "Claims Made" basis. No retroactive date applies to this added coverage. Following are the cyber coverages being provided. In addition, the deductibles for each coverage are being reflected. 4 of 100 Line of Coverage Insuring Agreement Deductible Theft, loss or unauthorized Information Security & Privacy disclosure of personal identifiable non - public $25,000 Liability information or third parte corporate information The Legal obligation of the Privacy Notification Costs Insured to comply with a Breach $10,000 Notice Law Claim expenses and penalties Regulatory Defense and which the Insured is legally $25,000 Penalties obligated to pay related to a regulatory roceedin Website media activities resulting in disparagement or Website Media Content Liability harm to the reputation or $25,000 character of any person or organization PCI Fines and Costs Indemnification of the Insured $25,000 for PCI Fines and Costs Cyber Extortion Extortion of the Insured's $35,000 computer system Losses associated with the First Party Data Protection alteration, corruption, destruction, deletion or damage $35,000 to a data asset Business Interruption loss resulting from the interruption or First Party Business Interruption suspension of a computer $35,000 system caused by a failure of computer security systems The County desire to maintain these coverages listed above. The County will accept a stand -alone and separate policy for these coverages. 4. Named Insured The First Named Insured reads: Monroe County Board of County Commissioners The following entities have also been endorsed as Insureds: ➢ Monroe County Clerk of the Court ➢ Monroe County Tax Collector ➢ Monroe County Property Appraiser ➢ Monroe County Supervisor of Elections ➢ Monroe County Sheriff's Office (Workers' Compensation and Employers Liability only) The above entities must be included as Insureds. 5 of 100 5. Evaluation Criteria A Selection Committee will be convened to review the Proposals and recommend which individual or firm should be selected for the project. The successful Proposer will be selected based on the following criteria. Cost of services 35 points Experience and qualifications of proposing agent 8 points Terms and conditions of coverages being proposed 33 points Financial stability of insurers being proposed 11 points Compliance with the Bid Specifications 4 points Recommendations from government clients 4 points Total points earned are on a scale of 1 — 95 points 1 = lowest 95 = highest A Selection Committee will be analyzing Proposals and provide recommendations to the County Administrator who will ultimately make a recommendation to the Board of County Commissioners regarding which Proposer and program should be selected. Interisk, Inc. (the Consultant) is acting in a consulting capacity for the Monroe County Board of County Commissioners under the terms of an Agreement between the County and Interisk. Interisk will participate in the analysis process of the proposals and provide advice and assistance to the Selection Committee with regard to this RFP, and will be assisting with ongoing servicing of the policy. In exchange for these services Interisk is collecting a consulting fee from the County. 6. Requests for Additional Information or Clarification Requests for additional information or clarification relating to the specifications of this Request for Proposals shall be submitted in writing directly to: Workers' Compensation Questions: Mr. Bryan Cook, Director, Employee Services 1100 Simonton Street, Suite 2 -268 Key West, Florida 33040 Email: Cook- ryan( onroecounty -F ov Risk Management Questions: Maria Slavik, Risk Administrator 1111 12 St., Suite 408 Key West, FL 33040 Email: Slavi k-MariaQlVlon roecounty -Fl. Gov Copies of all Requests for Additional Information should also be sent to Interisk Corporation at the following address: Sid Webber Interisk Corporation 1111 N. Westshore Blvd., Suite 208 Tampa, FL 33607 Email: Si .Webberp_lnterisk.net 6 of 100 The County will honor email Requests for Additional Information. All requests for additional information must be received no later than 3:00 PM, July 3, 2018 Any requests received after that date and time will not be answered. All questions received prior to the deadline will be answered to the best of the County's ability and will be distributed to all interested Proposers in the form of an Addendum to this RFP. All Addendums will be posted on Demand Star on or about July 17, 2018. All questions must be submitted in writing. Oral requests will not be answered All addenda will be part of this RFP document and each Proposer will be bound by such addenda, whether or not received by him /her. It is the responsibility of each Proposer to verify that he /she has received all addenda issued before responses are opened. While the County will complete applications for the selected agents and insurers if required after acceptance of the Proposal, the County will not complete applications as a Request for Additional Information. 7. Content of Submission The Proposal submitted in response to this Request for Proposals (RFP) shall be printed on 8 -1/2" x 11" white paper and bound; shall be clear and concise, tabbed, and provide the information requested herein. Proposals submitted without the required information may not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposer should focus specifically on the information requested. 8. Format. Proposals, at a minimum, shall include the following: A. Cover Page_ A cover page that states "Requests for Proposals for Liability and Excess Workers' Compensation Insurance ". The cover page should contain Proposer's name, address, telephone number, and the name and email address of the Proposer's contact person(s). B. T abbed Sections Tab 1 Executive Summary The Proposer shall provide a narrative of the firm's qualities and capabilities (with special emphasis on the Proposer's experience with governmental entities) that demonstrates how the firm will work with the County to provide services associated with the coverages provided. Regardless if the coverages are provided on a commission basis or a fee basis, the selected agent will be expected to provide the services outlined in the section below labeled "Tab 3 Scope of Services ". 7 of 100 Tab 2. Experience and Qualifications Agent Experience and Qualifications • All agents shall be licensed in the State of Florida in accordance with Florida Statute § 626. • The Proposer shall provide a minimum of five (5) client references. At least two (2) of these references must be from other governmental entities within the State of Florida. References may include former clients the agent is no longer serving. Each reference at a minimum shall include: • Name and full address of the client; • Name, address, title, and telephone number of the client contact; • Identification of coverage provided; and • The length of time the policy(ies) were in place. • An overview of how the agent markets their client's coverages. For example, is the agent responsible for all marketing activities, does the agent work for an agency that has a dedicated marketing department or does the agent primarily use the services of a wholesale broker? • Copies of the insurance licenses for all agents that will be part of the County's service team must be provided. Insurance Company Qualifications • The County prefers that all insurers have an A.M. Best rating of A- or higher and a financial size of VI or higher. • Insurers must be licensed by the Florida Department of Insurance for all coverages provided. • If the Insurer is not rated by A.M. Best or the A.M. Best rating is below A - /VI, the proposal must include a minimum of three (3) years of independent audited financial statements. Tab 3. Scope of Services The agent awarded a contract will be required to: • Meet with the County and its insurance consultant at least annually prior to any marketing activities to discuss the results of the current program and the marketing approach the agent will take in developing proposals for all renewals being administered by the agent. Such meetings should take place no later than 4 months prior to the expiration of the coverages being administered by the agent. • Research all available insurance markets and submit the County's account to insurers that have the capability and desire to provide the County with renewal options for the coverages being serviced by the agent. • Negotiate with the insurers and arrange for all endorsements that may be necessary throughout the year. • Arrange /Issue Certificates of Insurance as required. • Keep the County advised of the current state of the insurance market throughout the year. • Present all renewal proposals in a timely fashion as dictated by the County. • Assist the County with claim issues as they arise. • Assist the County with any other insurance /risk management issues that may be required. • Make presentations to County staff and /or the Board of County Commissioners as requested by the County. 8of100 • Bind coverages as directed by the County. If the proposing agent does not have binding authority, a complete description of the binding requirements must be provided. • Provide a complete and full explanation of all deviations from the requested coverages. Responses such as "Per Policy Terms" or "Refer to Policy" will not be acceptable. • Fully cooperate with the County's independent insurance consultant. Tab 4. Cost All pricing for the proposed coverages must include all fees and assessments that may be imposed including those imposed by the State of Florida. The County will consider purchasing the coverages on a "Net of Commission" basis and compensate the selected agent(s) on a "Fee" basis. Regardless if the coverages are provided on a Commission or Fee basis, all remuneration received by the selected agent shall be all- inclusive. No additional costs or fees will be paid, including but not limited to travel costs, per diems, telephone charges, facsimile charges, and postage charges. Included at the end of this RFP are the Proposal Forms. Such forms must be completed in detail and submitted as part of each proposal. Responses such as "See Policy Form" or "Per Policy" will not be viewed as an acceptable response. Tab 5. Other Information If the County elects to purchase the coverages on a "Net of Commission" basis and pays a separate "Fee" to the agent, the successful agent will be required to execute a contract with the County similar to the draft contract included in this RFP. (Section Two). Proposer shall provide any additional project experience not already described in other tabs that will give an indication of the Proposer's overall abilities to service the County for the coverages awarded to the Proposer. Information that exceeded the space allotment in the Proposal Forms or the County's Questionnaire, may be included in this section. If needed, please include the complete question and repeat your entire response under this tab. If the Proposer cannot fully comply with any of the terms contained in the draft contract, shown in Section Two, all deviations to the terms must be explicitly explained in this section, i.e. Tab 5. If the Proposer cannot fully provide any of the elements in scope of services, these also should be explicitly explained in Tab 5. Tab 6. Litigation In accordance with Section 2- 347(h) of the Monroe County Code, the Proposer must provide the following information: (1) A list of the person's or entity's shareholders with five (5) percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or services called for in 9 of 100 the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; c. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five (5) years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, or goods services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; e. Whether, within the last five (5) years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation. Tab 7. County Forms Proposer shall complete, execute, and attach the forms specified below which are located in Section Three in this RFP, as well as a copy of a business tax receipt from the Tax Collector's Office and shall include it in this section, i.e. Tab 7: Forms: • Submission Response Form • Lobbying and Conflict of Interest Ethics Clause • Non - Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement • Request for Waiver of Insurance Requirements 9. COPIES OF RFP DOCUMENTS A. Only complete sets of RFP Documents will be issued and shall be used in preparing responses. The County or Interisk does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. 10 of 100 B. Complete sets of RFP Documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 10. STATEMENT OF PROPOSAL REQUIREMENTS See also Notice of Request for Competitive Solicitation. Interested firms or individuals are requested to indicate their interest by submitting the following numbers of complete set of responses: One (1) response in an electronic format compatible with Microsoft Excel and Word as appropriate (PDF responses will not be deemed responsive), plus three (3) signed originals, plus seven (7) complete copies (total = 10 hard copies plus 1 electronic copy). The electronic version must be submitted either on a CD or Flash Drive. The electronic format response and the ten (10) complete hard copy packages must be delivered in a sealed envelope clearly marked on the outside, with the Proposer's name and "PROPOSAL FOR LIABILITY AND EXCESS WORKERS' COMPENSATION INSURANCE" marked on the outside. The Proposals must be addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 2 -213, Key West, FL 33040, and must be received on or before 3:00 P.M. local time on August 14, 2018. Hand delivered Proposals may request a receipt. No Proposals will be accepted after 3:00 P.M. Faxed or e- mailed proposals shall be automatically rejected. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. Both the hard copy and electronic Proposal originals will constitute the original governing documents. In the case of any discrepancy between the original Proposal and the copies, the original will be the governing document. In the case of any omission from one of the original documents, we will consider the information included in the other original document. 11. DISQUALIFICATION OF PROPOSER A. NON - COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Proposers, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future proposals for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it 11 of 100 with his /her proposal. Failure to complete this form in every detail and submit it with the bid orproposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his /her bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 12. EXAMINATION OF RFP DOCUMENTS A. Each Proposer shall carefully examine the RFP and other contract documents, and inform himself /herself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Proposer shall in no way relieve him /her of the obligations and responsibilities assumed under the contract. B. All questions or comments regarding any discrepancies or ambiguities in, or omissions from, the information contained in this RFP, or if there is any doubt as to their meaning, should be included in the Proposer's Request for Additional Information addressed in Item 5 above. 13. GOVERNING LAWS AND REGULATIONS The Proposer is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, professional license requirements and regulations that in any manner affect the work. Knowledge of business tax requirements for Monroe County and municipalities within Monroe County are the responsibility of the Proposer. 14. PREPARATION OF RESPONSES Signature of the Proposer: The Proposer must sign the Proposal Forms in the space provided for the signature. If the Proposer is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp. 15. MODIFICATION OF RESPONSES Written modifications to previously submitted proposals will be accepted if received prior to the Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Proposer's name and "PROPOSAL FOR LIABILITY AND EXCESS WORKERS' COMPENSATION INSURANCE ". If sent by mail or by courier, the above - mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e- mailed modifications shall be automatically rejected. 16. RESPONSIBILITY FOR RESPONSE The Proposer is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 12 of 100 17. RECEIPT AND OPENING OF RESPONSES Responses will be received until 3:00pm on August 14, 2018 and will be publicly opened. Proposers' names shall be read aloud at the appointed time and place stated in the Notice of Request for Competitive Solicitation. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Proposers or their authorized agents are invited to be present. The County reserves the right to reject any and all responses and to waive technical error and irregularities as may be deemed best for the interests of the County. Responses that contain modifications that are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Proposer, may be rejected at the option of the County. 18. AWARD OF CONTRACT A. The County reserves the right to waive any informality in any response, reject all proposals, or to re- advertise for all or part of the coverages included in this RFP. B. The County also reserves the right to reject the response of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. C. The recommendation of staff shall be presented to the Board of County Commissioners of Monroe County, Florida, for final selection and award of contract. 19. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The successful agent(s) shall be required to maintain the types and amounts of insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper Certificates of Insurance are not received within the fifteen (15) day period, the contract may be awarded to the next selected Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. All insurance companies shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while Proposer is providing service to County. 13 of 100 Worker's Compensation Minimum acceptable limits Workers' Compensation Employers' Liability Insurance Bodily Injury by Accident Bodily Injury by Disease, policy limits Bodily Injury by Disease, each employee Statutory Limits $100,000 $500,000 $100,000 General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Minimum acceptable limits $1,000,000 CSL Monroe County shall be named as an Additional Insured on the General Liability policy. Vehicle Liability providing coverage for all owned, non -owned and hired vehicles Minimum acceptable limits Professional Liability $1,000,000 CSL $1,000,000 per Occurrence $2,000,000 Aggregate 20. INDEMNIFICATION The Proposer to whom a contract is awarded shall defend, indemnify and hold harmless the County as outlined below. The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Proposer or any of its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s), their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the Proposer /Vendor's failure to purchase or maintain the required insurance, the Proposer /Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 14 of 100 21. EXECUTION OF CONTRACT If the County selects insurance to be provided on a "Net of Commission" basis, the County will require the proposing agent to execute a contract, similar to the one displayed below. Any agreement resulting from this RFP must be approved by the Monroe County Attorney, must be governed by the laws of the State of Florida, and must have venue established in Monroe County in the State of Florida. The agreement approved by the Monroe County Attorney will be submitted to the Monroe County Board of County Commissioners for final approval. If the Proposer cannot fully comply with any of the terms contained in the draft contract, shown in Section Two, all deviations to the terms must be spelled out in Tab 5, Other Information. Any proposal submitted in which the vendor is certified as an SBE, or in which the vendor proposes to use subcontractors that are certified as SBEs, in Florida or another jurisdiction, must submit proof of the registration or certification from the local authority in order to receive credit for the use of the SBE. 23. 2 CFR PART 200 The County anticipates that a portion of the funds used to pay for these coverages and /or services will come from federal awards, as defined in 2 CFR part 200. As such, the County will require the successful proposer to enter into an agreement containing the provisions outlined in this RFP, including the Sample Agreement. If for any reason the Sample Agreement is not used, the vendor will be expected to enter into a similar agreement or rider containing the terms and conditions required by 2 CFR part 200, including Appendix II to 2 CFR part 200 (Contract Provisions for Non - Federal Entity Contracts under Federal Awards). 15 of 100 SECTION TWO: SAMPLE AGREEMENT MONROE COUNTY CONTRACT FOR INSURANCE AGENT SERVICES THIS AGREEMENT is made and entered into this day of , by MONROE COUNTY ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and ( "CONTRACTOR "), whose address is Section 1. SCOPE OF SERVICES CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services — Exhibit A — which is attached hereto and made a part of this agreement. CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONTRACTOR shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Contractor shall provide services using the following standards, as a minimum requirement: A. The CONTRACTOR shall maintain adequate staffing levels to provide the services required under the Agreement resulting from this RFP process. B. The personnel shall not be employees of or have any contractual relationship with the County. To the extent that Contractor uses subcontractors or independent contractors, this Agreement specifically requires that subcontractors and independent contractors shall not be an employee of or have any contractual relationship with County. C. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Section 2. COUNTY'S RESPONSIBILITIES 2.1 The County will provide such data as is required by the Contractor and is mutually agreed upon. 2.2 The County will make payments as outlined in Section 4 of this Agreement. Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Agreement shall begin on the 1st day of October, 2018 and will conclude on the 30 day of September 2019 This Agreement shall continue for one year. The initial term may then be renewed at the option of the County for up to three (3) successive one year terms. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. Section 4. PAYMENT TO CONTRACTOR 4.1 Payment will be made according to the Florida Local Government Prompt Payment Act, Sections 218.70- 218.80, Florida Statutes. The Provider shall submit to the County an invoice 16 of 100 with supporting documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Invoices shall be sent to the County's Risk Management Department who will review the documents and route them to appropriate County Staff for approval. Upon receiving all required approvals the invoice(s) will be forwarded to the County Clerk's office for payment. 4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon annual appropriation by Monroe County. Section 5. CONTRACT TERMINATION Either party may terminate this Agreement because of the failure of the other party to perform its obligations under the Agreement. The CONTRACTOR may terminate this Agreement with ninety (90) days' notice to the COUNTY. The COUNTY may terminate this Agreement with or without cause upon thirty (30) days' notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of termination. Section 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. CONTRACTOR hereby agrees that he has carefully examined the RFP, his response, and this Agreement and has made a determination that he /she has the personnel, equipment, and other requirements suitable to perform this work and assumes full responsibility therefore. The provisions of the Agreement shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by CONTRACTOR, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against COUNTY than against CONTRACTOR. B. Any ambiguity or uncertainty in the specifications shall not be construed against the drafter. C. The passing, approval, and /or acceptance by COUNTY of any of the services furnished by CONTRACTOR shall not operate as a waiver by COUNTY of strict compliance with the terms of this Agreement, and specifications covering the services. D. CONTRACTOR agrees that County Administrator or his designated representatives may visit CONTRACTOR'S facility(ies) periodically to conduct random evaluations of services during CONTRACTOR'S normal business hours. E. CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses and approvals required to conduct its business, and will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to COUNTY upon request. Section 7. NOTICES Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: To the COUNTY: Risk Management Administrator 1111 12 Street, Suite 408 17 of 100 Key West, Florida 33040 To the CONTRACTOR: Section 8. Public Records Compliance Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the term of the agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to CONTRACTOR. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 18 of 100 d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470, radlcy- riank onrocco nty- . ov , c/o Monroe County Attorney's Office, 1111 12 th St., Suite 408, Key West FL 33040. Section 9. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020 -1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 10. CONVICTED VENDOR By signing this agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Section 11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. 19 of 100 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 12. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 13. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non - prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. Section 14. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and �_ y 0 113 Section 15. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement shall not be subject to arbitration. Section 17. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services 20 of 100 under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 18. NONDISCRIMINATION During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 21 of 100 (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Section 19. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 20. CODE OF ETHICS The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 21. NO SOLICITATION /PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 22. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 23. NON - WAIVER OF IMMUNITY 22 of 100 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. Section 24. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 26. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 27. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to, a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement, Lobbying and Conflict of Interest Clause, and Non - Collusion Agreement. Section 28. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 29. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the 23 of 100 parties hereto may execute this Agreement by signing any such counterpart. Section 30. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 31. INSURANCE POLICIES 31.1 General Insurance Requirements for Other Contractors and Subcontractors. As a pre- requisite of the work governed, the CONTRACTOR shall obtain, at his /her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules; however CONTRACTOR is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to COUNTY. Failure to provide proof of insurance shall be grounds for termination of this Agreement. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and /or termination of this Agreement and for damages to the COUNTY. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 24 of 100 The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability. 31.2 Insurance Requirements For Contract Between County And Contractor (Note: amounts of coverage are subject to change in final contract) The Contractor shall be required to maintain the following types and amounts of insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be terminated without any financial obligations being imposed on the County. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. All insurance companies shall have an A.M. Best rating of A- or better. The required insurance shall be maintained at all times while Contractor is providing service to County. Worker's Compensation Minimum acceptable limits Workers' Compensation Employers' Liability Insurance Bodily Injury by Accident Bodily Injury by Disease, policy limits Bodily Injury by Disease, each employee Statutory Limits $100,000 $500,000 $100,000 General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Minimum acceptable limits $1,000,000 CSL Vehicle Liability providing coverage for all owned, non -owned and hired vehicles Minimum acceptable limits Professional Liability $1,000,000 CSL $1,000,000 per Occurrence $2,000,000 Aggregate Section 32. INDEMNIFICATION, DEFEND, HOLD HARMLESS The CONTRACTOR does hereby consent and agree to indemnify, defend and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, 25 of 100 claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs of the COUNTY for claims or acts attributable to the sole negligent act of the CONTRACTOR or any of CONTRACTOR's employees or representatives. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his /her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi - public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. Section 33. TERMS AND CONDITIONS REQUIRED BY 2 CFR PART 200 The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 -1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer 26 of 100 on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. D. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). E. Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. F. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 27 of 100 G. Procurement of recovered materials as set forth in 2 CFR § 200.322. H. The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. No Obligation by Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. J. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 2018. (SEAL) Attest: Kevin Madok, CPA, CLERK OF MONROE COUNTY, FLORIDA :A Deputy Clerk (CORPORATE SEAL) ATTEST: By MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor /Chairman (Name of Contractor) By _ Title: 28 of 100 EXHIBIT A SCOPE OF SERVICES Regardless of whether the coverages are purchased on a "Commission" or "Net of Commission basis, the selected agent will be expected to provide the minimum services identified below. This list is not all inclusive and the Proposer shall include in Tab 3 any and all services which are necessary in order to accomplish the objective as stated in Section 1, number 1 of the Request for Proposals, which is incorporated herein by reference. • Agents must meet with the County and their insurance consultant prior to any marketing activities to discuss the results of the current program and the marketing approach the agent will take in developing proposals for all renewals being administered by the agent. Such meetings should take place no later than 4 months prior to the expiration of the coverages being administered by the agent. • Research all available markets and submit the County's account to all insurers that have the capability and desire to provide the County with renewal options for the coverages being serviced by the agent. • Negotiate with the insurers and arrange for all endorsements that may be necessary throughout the year. • Arrange /Issue Certificates of Insurance as required. • Keep the County advised of the current state of the insurance market throughout the year. • Present all renewal proposals in a timely fashion as dictated by the County • Assist the County with claim issues as they arise. • Assist the County with any other insurance /risk management issues that may be required. • Make presentation to County staff and /or the Board of County Commissioners as requested by the County. • Bind coverages as directed by the County. If the proposing agent does not have binding authority, a complete description of the binding requirements must be provided. • Provide a complete and full explanation of all deviations from the requested coverages. Responses such as "Per Policy Terms" or "Refer to Policy" will not be acceptable. • Fully cooperate with the County's independent insurance consultant. 29 of 100 SECTION THREE: COUNTY FORMS AND INSURANCE FORMS [This page intentionally left blank, with forms to follow.] 30 of 100 RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Purchasing Department GATO BUILDING, ROOM 2 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 El acknowledge receipt of Addenda No.(s) I have included: • Response Form ❑ • Lobbying and Conflict of Interest Clause ❑ • Non - Collusion Affidavit ❑ • Drug Free Workplace Form ❑ • Public Entity Crime Statement ❑ • Copy of business tax receipt from the ❑ Tax Collector's office El have included a current copy of the following professional licenses and business tax receipts: If the applicant is not an individual (sole proprietor), please supply the following information: APPLICANT ORGANIZATION: (Registered business name must appear exactly as it appears on www.sunbiz.org Any applicant other than an individual (sole proprietor) must submit a printout of the "Detail by Entity Name" screen from Sunbiz, and a copy of the most recent annual report filed with the Florida Department of State, Division of Corporations. Fee for services included in contract: $ The fee is an all- inclusive cost. No additional costs or fees will be paid, including but not limited to travel costs, per diems, telephone charges, facsimile charges, and postage charges. Mailing Address Signed: Telephone: Fax: Date (Print Name) (Title) STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He /She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: Witness: 31 of 100 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE it (Company) 11 it warrants that he /it has not employed, retained or otherwise had act on his /her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by me or has produced (name of affiant). He /She is personally known to (type of identification) as identification NOTARY PUBLIC My Commission Expires: 32 of 100 NON - COLLUSION AFFIDAVIT I, of the city of oath, and under penalty of perjury, depose and say that 1. 1 am Proposal for the project described in with full authority to do so; according to law on my of the firm of the bidder making the the Request for Proposals for _ and that I executed the said proposal 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He /She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 33 of 100 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (name of affiant). He /She is personally known to me or has produced identification) as identification. (type of NOTARY PUBLIC My Commission Expires: (date) by 34 of 100 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by has produced identification. (type of identification) as NOTARY PUBLIC My Commission Expires: name of affiant). He /She is personally known to me or 35 of 100 SECTION FOUR: REQUESTED COVERAGES General Liability FORMS Coverage is requested on an Occurrence Basis to pay for liability arising out of all operations of the County and include: ➢ Premises and Operations ➢ Products ➢ Completed Operations ➢ Employee Benefits Program Administration Liability ➢ Blanket Contractual Liability ➢ Personal Injury Liability ➢ Discrimination and Civil Rights Liability ➢ Independent Contractors ➢ Broad Form Property Damage ➢ Medical Attendants' /Medical Director Malpractice ➢ Cyber Liability DESIRED LIMITS AND DEDUCTIBLES /SIR Limits Deductible /SIR $5,000,000 $200,000 If a separate Excess or Umbrella policy is utilized to achieve the desired limits, its terms and conditions must be no more restrictive than the underlying primary policy. Alternative Limits and Deductible options will be evaluated based on cost and the adequacy of protection that is being offered to the County. 36 of 100 RATING DATA County Population Number of Employees County Projected Payroll Budget 77,482 1,247 $74,300,327 $534,697,876 The County's most current audited financial statements and budget is available on the County's website at www.monroecounty- fl.gov LOSS HISTORY Historical loss experience is provided as an attachment. MONROE COUNTY SHERIFF'S OFFICE The only insurance coverage the County purchases for the Monroe County Sheriff's Office is Workers' Compensation and Employers Liability coverage. The Sheriff's Office separately purchases their Commercial General Liability, Vehicle Liability, Police Professional Liability and Aircraft Liability coverages. These coverages are not part of this RFP. CLAIMS ADMINISTRATION The County currently administers all claims that fall within their retention. All claim activities are overseen by the County Attorney's Office. All proposing insurers must be agreeable with the County self- administering the claims within any self- insured or retained amounts. 37 of 100 VEHICLE LIABILITY AND PHYSICAL DAMAGE INSURANCE FORM Coverage should be equal to, or broader than, the current Business Automobile policy filed by the Insurance Services Office (ISO). Coverage should include: Liability Symbol 1 Any Vehicle Uninsured Motorists Will be rejected No -Fault Benefits Symbol 5 (will be included within Liability retention Physical Damage Scheduled vehicles (basically those Limit with an original cost in excess of No -Fault $25,000 DESIRED LIMITS AND DEDUCTIBLES /SIR Alternative Limits and Retention options will be evaluated based on cost and the adequacy of protection that is being offered to the County. RATING DATA A current vehicle schedule is included as an attachment to this RFP. Physical Damage coverage is requested only for those vehicles that reflect an original cost on the schedule. Fire Rescue and Emergency Medical vehicles' are separately insured for Physical Damage and is not included as part of this RFP. NOTE: Named Insured must be extended to include the various Leasing companies with whom Monroe County contracts with. If the lease requires "Split Limits ", the policy must be endorsed to satisfy the lease requirements. LOSS EXPERIENCE Historical loss experience is provided as an attachment. 38 of 100 Limits Deductible /SIR $5,000,000 Liability Combined Single $200,000 Limit No -Fault Included within Retention Benefits Physical Actual Cash Value $1,000 for both Damage Comprehensive and Collision Alternative Limits and Retention options will be evaluated based on cost and the adequacy of protection that is being offered to the County. RATING DATA A current vehicle schedule is included as an attachment to this RFP. Physical Damage coverage is requested only for those vehicles that reflect an original cost on the schedule. Fire Rescue and Emergency Medical vehicles' are separately insured for Physical Damage and is not included as part of this RFP. NOTE: Named Insured must be extended to include the various Leasing companies with whom Monroe County contracts with. If the lease requires "Split Limits ", the policy must be endorsed to satisfy the lease requirements. LOSS EXPERIENCE Historical loss experience is provided as an attachment. 38 of 100 MONROE COUNTY SHERIFF'S OFFICE The only insurance coverage the County purchases for the Monroe County Sheriff's Office is Workers' Compensation and Employers Liability coverage. The Sheriff's Office separately purchases their Commercial General Liability, Vehicle Liability, Police Professional Liability and Aircraft Liability coverages. These coverages are not part of this RFP. CLAIMS ADMINISTRATION The County currently administers all claims that fall within their retention. All claim activities are overseen by the County Attorney's Office. All proposing insurers must be agreeable with the County self- administering the claims within any self- insured or retained amounts. 39 of 100 PUBLIC OFFICIALS LIABILITY AND EMPLOYMENT PRACTICES LIABILITY FORM The form should provide coverage for actual or alleged wrongful acts of public officials, including negligence, errors and omissions, breaches of duty, misfeasance, malfeasance and nonfeasance, and include members of the Monroe County Board of County Commissioners, and all elected or appointed officers including employees, volunteers and any individual or organization required by statute, agreement, contract or lease or other circumstances including all existing boards, committees and their members and all newly created boards, committees and their members during the term of the policy. Coverage must also include as insureds, the constitutional officers of: Clerk of Courts, Monroe County, Florida Property Appraiser, Monroe County, Florida Tax Collector, Monroe County, Florida Supervisor of Elections, Monroe County, Florida Coverage should include violation of civil rights, sexual harassment, claims seeking non - monetary relief, claims involving dismissal or demotion, failure to hire or promote; other employment related claims and intentional acts. The County's current Public Officials Liability program includes Employment Practices Liability insurance. A separate policy will be considered and acceptable to the extent the desired coverages are provided. Coverage should include indemnification of individuals included above and expenses to the extent permitted by law. If a Claims Made form is to be utilized, a pre- agreed Extended Reporting Endorsement is requested at a pre- determined premium. DESIRED LIMITS AND DEDUCTIBLES /SIR Limits Deductible /SIR $5,000,000 $200,000 Alternative Limits and Deductible options will be evaluated based on cost and the adequacy of protection that is being offered to the County. 40 of 100 RATING DATA Number of Commissioners 5 5 Total number of Employees 1 1,247 Total number of Volunteers 2 210 2018 Projected Fiscal Year $534,697,876 Budget LOSS EXPERIENCE Historical loss experience is provided as an attachment MONROE COUNTY SHERIFF'S OFFICE The only insurance coverage the County purchases for the Monroe County Sheriff's Office is Workers' Compensation and Employers Liability coverage. The Sheriff's Office separately purchases their Commercial General Liability, Vehicle Liability, Police Professional Liability and Aircraft Liability coverages. These coverages are not part of this RFP. CLAIMS ADMINISTRATION The County currently administers all claims that fall within their retention. All claim activities are overseen by the County Attorney's Office. All proposing insurers must be agreeable with the County self- administering the claims within any self- insured or retained amounts. 41 of 100 Excess Workers' Compensation FORM The form should provide standard workers compensation coverages that complies with Florida Statute § 440. While the County currently purchases Excess coverage, the cost effectiveness of converting the program to a "Large Deductible" or other more traditional insurance will be evaluated. Proposers are encouraged to submit alternative structures to the County's current program. While the County's current program does not contain an "Aggregate Stop Loss ", such a feature would be viewed as a favorable enhancement. DESIRED LIMITS Workers' Compensation Statutory Employers Liability $1,000,000 If specific limits are proposed for Workers' Compensation, they should be clearly stated within the proposal. DESIRED RETENTION $500,000 per occurrence The County desires to evaluate optional retention amounts. Proposers are requested to provide proposals for optional retentions of $250,000, $750,000 and $1,000,000 in addition to a proposal with a $500,000 retention. THIRD PARTY CLAIMS ADMINISTRATION The County currently utilizes Ascension Benefits & Insurance Solutions located in Stuart, Florida as their Third Party Claims Administrator (TPA). The County desires to retain Ascension as their TPA. All proposals must clearly indicate that Ascension is acceptable to the insurer submitting the proposal. Proposals that do not indicate Ascension is an acceptable TPA or state that Ascension is unacceptable to the insurer, will be eliminated from further consideration. RATING DATA The following information has been included as attachments to assist in the underwriting of the account: A. Projected payrolls by Workers' Compensation classification codes B. Copy of the County's Drug Free Work Place policy statement C. Narrative descriptions of losses for past 5 years with Incurreds in excess of $50,000 D. Current Valued Loss Runs E. Additional Underwriting Information 42 of 100 To assist interested proposers in their initial evaluation efforts the following table displays the historical experience of the County's program valued as of February 28, 2018. Policy Year No. of Paid to Date Open Reserves Total Claims Incurred 2013/14 Lost Time 23 1,934,794 494,855 2,429,649 Medical 69 97,833 0 97,833 Only 2014/15 Lost Time 17 3,589,057 164,974 3,754,031 Medical 70 102,454 12 12,466 Only 2015/16 Lost Time 20 537,791 136,592 674,383 Medical 76 119,553 0 119,553 Only 2016/17 Lost Time 19 524,807 255,807 780,563 Medical 76 210,955 67,674 278,628 Only 2017/18 Lost Time 5 61,510 77,157 138,667 Medical 23 9,610 34,490 44,100 Only The County's current experience modification is 1.65. The County desires that the successful Proposer fully understands its operations and that the current classification codes be accepted for the full policy term, including any subsequent payroll audits. The County has thoroughly reviewed each employee function, which has resulted in the current classification schedule. Proposers are invited to pre- inspect the County's operations prior to providing a proposal and to agree on the classification to avoid potential conflict in payroll allocation upon audit. DRUG FREE AND SAFETY CREDITS Monroe County has been approved for the State's Safety and Drug Free credits. MONROE COUNTY SHERIFF'S OFFICE The only insurance coverage the County purchases for the Monroe County Sheriff's Office is Workers' Compensation and Employers Liability coverage. The Sheriff's Office separately purchases their Commercial General Liability, Vehicle Liability, Police Professional Liability and Aircraft Liability coverages. The County desires to include Workers' Compensation and Employers Liability 43 of 100 coverages for the Monroe County Sheriff's Office. CLAIMS ADMINISTRATION The County currently utilizes Relations Insurance Services (formally Ascension Insurance Services and Employers Mutual Insurers) for all claims. All proposing insurers must be agreeable with the County's use of Relations as their third party claims administrator. FINANCIAL STATEMENTS The County's current financial statements can be obtained from its website at: .r MISCELLANEOUS UNDERWRITING DATA Included at the end of this RFP is a separate schedule of additional underwriting information that was developed based on questions that were raised during previous RFPs. 44 of 100 PROPOSAL FORMS GENERAL INFORMATION Use of the proposals forms will enable a faster more complete analysis of the Proposal(s) submitted. Please complete this general proposal form in addition to a separate proposal for each coverage proposed. Additional information can be attached to the forms. Agent /Agency submitting proposal: Address: Telephone & Fax Number: Are the following coverages proposed? General Liability Yes No Vehicle Liability & Physical Damage Public Official Liability and Employment Practices Liability Excess Workers' Compensation Cyber Liability Can all coverages be purchased independently? If not, provide details Yes No Yes No Yes No Yes No Yes No Are the following entities included as Insureds? Monroe County Board of County Commissioners Yes No 45 of 100 Monroe County Clerk of the Court Yes No Monroe County Tax Collector Yes No Monroe County Property Appraiser Yes No Monroe County Supervisor of Election Yes No Monroe County Sheriff's Office Yes No (Workers' Compensation and Employers Liability only) Are any coverages being proposed on a Fee basis? Yes No Does agent have binding authority? Yes No If not, state procedure to bind. Is Agent /Broker licensed in the State of Florida for the type of coverage proposed? Yes No Are coverages different from requested program? Yes No If so, state differences Effective date(s) of coverage(s)? Describe payment plan, including down payment terms, interest or service charges. Proposal valid until (date)? 46 of 100 Rate Change /Policy Modification wording included as requested? Yes Termination Notice wording included as requested? Yes If not, state wording � No Named Insured wording included as requested? Yes If not, include actual wording to be used. Claim reporting location included? Claim reporting wording to be used? Claim reports to be provided as requested? If not, state details. No Yes No Yes No Will the County retain the right to investigate and adjust claims within its self- insured retention? Yes Will Insurers adjust claims exceeding the County's retention? Yes No No Will the County retain the right to select defense counsel? Provide details on specialized loss control services to be provided. Yes No 47 of 100 Sample forms and policies included? Yes Explain any deviations to the above: im The Proposer stated below is the authorized agent of the company or companies proposed, and is authorized to bind coverages upon acceptance by Monroe County, Florida. Deviations from the requested program have been stated. Coverage will be issued as proposed. The insurer agrees to deliver a policy(ies) to the insured within forty -five (45) days after inception of coverages. It is agreed that policy premiums will be payable upon receipt by insured of complete policy conforming with the accepted proposal. Name of Authorized Representative Title Signature of Authorized Representative Date 48 of 100 PROPOSAL FORMS GENERAL LIABILITY Company Underwriting office used Address Telephone number Current A.M. Best Co. rating? Is policy form and all endorsements included for review? Are the following coverages included? Premises and Operations Independent Contractors Products /Completed Operations Blanket Contractual (All related contracts included ?) (any reporting requirements ?) Personal Injury Liability Employee Benefits Liability Medical Attendants' /Medical Director Malpractice Discrimination and Civil Rights Liability Broad Form Property Damage Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No 49 of 100 Cyber Liability Yes No Are all Coverages provided on an Occurrence Basis ?Yes, If not, which Coverages are provided on a Claims Made Basis? Please provide the proposed Retroactive Date for all coverages provided on a Claims Made Basis. Are defense costs included in the aggregate limit of liability? Is requested Named Insured wording used? If not, stated wording to be used Does the insurer agree with the County self- administering claims that fall within their self- insured /deductible retention? No Yes No Yes No Yes No 50 of 100 LIMITS /PREMIUMS Are the above premium subject to audit? If so, on what terms? Explain any deviations to the above: Yes No The Proposer stated below is the authorized agent of the company or companies proposed, and is authorized to bind coverages upon acceptance by Monroe County. Deviations from the requested program have been stated. Coverage will be issued as proposed. The insurer agrees to deliver a policy(ies) to the insured within forty -five (45) days after inception of coverages. It is agreed that policy premiums will be payable upon receipt by insured of complete policy conforming with the accepted proposal. Name of Authorized Representative Title Signature of Authorized Representative 51 of 100 Date Limits Deductible Annual Premium /Fee Requested Coverage $5,000,000 $200,000 Insurers Option All Taxes, Fees and Assessments Proposed Agent Annual Fee if Coverages are Proposed on a "Net of Commission" Basis Total Are the above premium subject to audit? If so, on what terms? Explain any deviations to the above: Yes No The Proposer stated below is the authorized agent of the company or companies proposed, and is authorized to bind coverages upon acceptance by Monroe County. Deviations from the requested program have been stated. Coverage will be issued as proposed. The insurer agrees to deliver a policy(ies) to the insured within forty -five (45) days after inception of coverages. It is agreed that policy premiums will be payable upon receipt by insured of complete policy conforming with the accepted proposal. Name of Authorized Representative Title Signature of Authorized Representative 51 of 100 Date PROPOSAL FORMS VEHICLE LIABILITY AND PHYSICAL DAMAGE INSURANCE Company Underwriting office used Address Telephone number Current A.M. Best Co. rating? Is policy form and all endorsements included for review? Which coverage symbols are proposed for: Liability? No -Fault Benefits? Physical Damage? Yes No Are defense costs included in the aggregate limit of liability? Yes Is requested Named Insured wording used? Yes No No 52 of 100 If not, stated wording to be used Does the insurer agree with the County self- administering claims that fall within their self- insured /deductible retention? Yes No Number of Vehicles being proposed with Physical Damage Coverage? (currently 83) LIMITS /PREMIUMS LIABILITY PHYSICAL DAMAGE Deductible Premium Actual Cash Value Proposed Agent Annual Fee if Coverages are Proposed on a "Net of Commission" Basis Explain any deviations to the above: 53 of 100 Limits Deductible Annual Premium Requested Coverage $5,000,000 $200,000 Insurers Option All Taxes, Fees and Assessments Proposed Agent Annual Fee if Coverages are Proposed on a "Net of Commission" Basis Total PHYSICAL DAMAGE Deductible Premium Actual Cash Value Proposed Agent Annual Fee if Coverages are Proposed on a "Net of Commission" Basis Explain any deviations to the above: 53 of 100 The Proposer stated below is the authorized agent of the company or companies proposed, and is authorized to bind coverages upon acceptance by Monroe County. Deviations from the requested program have been stated. Coverage will be issued as proposed. The insurer agrees to deliver a policy(ies) to the insured within forty -five (45) days after inception of coverages. It is agreed that policy premiums will be payable upon receipt by insured of complete policy conforming with the accepted proposal. Name of Authorized Representative Title Signature of Authorized Representative Date 54 of 100 PROPOSAL FORMS PUBLIC OFFICIALS LIABILITY AND EMPLOYMENT PRACTICES LIABILITY If separate Public Officials Liability and Employment Practices Liability proposals are offered, please complete separate forms for each coverage. Company Underwriting office used Address Telephone number Current A.M. Best Co. rating? Is policy form and all endorsements included for review? Yes No Does coverage extend to: Board of County Commissioners? Yes No Elected Officials? Yes No Appointed Officers? Yes No Employees? Yes No Volunteers? Yes No 55 of 100 Is Coverage provided on an Occurrence Basis? Yes No If not What retrospective date is being offered? Is an extended reporting date being offered? If so, provide details and cost Are defense costs included in the aggregate limit of liability? Yes No Is requested Named Insured wording used? Yes No If not, stated wording to be used Does the insurer agree with the County self- administering claims that fall within their self- insured /deductible retention? Yes No LIMITS /PREMIUMS 56 of 100 Limits Deductible Annual Premium Requested Coverage $5,000,000 $200,000 All Taxes, Fees and Assessments Proposed Agent Annual Fee if Coverages are Proposed on a "Net of Commission" Basis Total 56 of 100 Explain any deviations to the above: The Proposer stated below is the authorized agent of the company or companies proposed, and is authorized to bind coverages upon acceptance by Monroe County. Deviations from the requested program have been stated. Coverage will be issued as proposed. The insurer agrees to deliver a policy(ies) to the insured within forty -five (45) days after inception of coverages. It is agreed that policy premiums will be payable upon receipt by insured of complete policy conforming with the accepted proposal. Name of Authorized Representative Title Signature of Authorized Representative Date 57 of 100 PROPOSAL FORMS EXCESS WORKERS' COMPENSATION Company Underwriting office used Address Telephone Number Current A. M. Best Co. rating Does the County retain the right to select its claims administrator? Is requested policy form proposed? If not, list form(s) used Is a Voluntary Compensation Endorsement included? Is an All States Endorsement included? What experience modification was used in developing this proposal? Does insurer agree to the current classification schedule? Is Excess Insurance Proposed? If so, specify the retention. Is a Large Deductible Program Proposed? If so, specify the deductible. Is an Alternative Program Proposed? If so, provide complete details of the program. 58 of 100 Yes Yes No No Yes Yes No No Yes Yes No No Yes No Yes No 58 of 100 Is aggregate excess coverage Included? Yes If so, specify attachment point. M Does proposing insurer view Relations Insurance Solutions as an acceptable TPA? Yes No LIMITS /PREMIUMS Explain any deviations to the above: 59 of 100 Limits Retention Annual Premium Workers' Statutory Requested Compensation Employers Program $500,000 Liability $1,000,000 Workers' Statutory Optional Compensation Employers $1,000,000 Retention $250,000 Liability Workers' Statutory Optional Compensation $750,000 Employers $1,000,000 Retention Liability Workers' Statutory Optional Compensation $1,000,000 Employers $1,000,000 Retention Liability Explain any deviations to the above: 59 of 100 The Proposer stated below is the authorized agent of the company or companies proposed, and is authorized to bind coverages upon acceptance by Monroe County. Deviations from the requested program have been stated. Coverage will be issued as proposed. The insurer agrees to deliver a policy(ies) to the insured within forty -five (45) days after inception of coverages. It is agreed that policy premiums will be payable upon receipt by insured of complete policy conforming to the accepted proposal. Name of Authorized Representative Title Signature of Authorized Representative Date 60 of 100 SECTION SIX: UNDERWRITING INFORMATION The information provided on the following forms /schedules is being provided to assist in the development of proposals. 61 of 100 A. Monroe County 2018/19 Projected Payrolls Class Code Occupation Projected Payroll 5191 Office Machine and Installation 1,130,922 5509 Street Road /Maintenance 1,031,054 6217 Excavation 81,519 7370 Taxicab Drivers 334,107 7403 Aircraft /Helicopter Operations 1,676,269 7425 Aircraft /Helicopter Operations NOC 1,152,339 7704 Firefighters 7,091,008 7720 Police Officers 23,351,724 8380 Auto Service and Repair 819,495 8810 Clerical 28,000,352 8820 Attorney 1,625,968 8824 Retirement Living Center Employees 228,322 8835 Public Heath Nursing 229,615 8864 Social Services 112,051 9015 Building Operations 1,493,686 9102 Park NOC 624,636 9403 Garbage Collection 235,442 9410 Munic /Town /County /State NOC 5,081,816 74,300,327 62 of 100 This Page Left Blank 63 of 100 ■ w V O � r O L� O A U w x w � o� x � z z o w a U C: N L O O O O O O O O _> a) a) a) a) a) Z Z Z a) Z a) Z a) Z Z Z U U of a) � N t • O O O O O O O O � Z Z Z>- Z>- Z>- Z Z Z > Q O a) E U O U �, N rn rn rn rn rn 00 m m m m m m m m m m ra o m U U T-1 0 N O O O O O m O N O N O O N 0 O U r-I °O r-I m O O rn — 3 O O r m Ln O r O O �� O O O N O 0 0 � 0 0 0 C z � • L r-I r-I Ln m O m N rl m 0 O rl m T m O C14 rl m m z 00 N m r-I r-I N Il m m r-I N m T 00 w l0 00 Ln N l0 T O Lr) N O) N Il O r-I W 00 Il 00 O N N�T r" rl O N O m:T rl W Q -le Q Y>�Q UU - 0 =) Y V r V I mo , U � Q L U r L U r L U - m U L O CL � a Q H O0 E Oo > U U- E U E U E O Y O D a a D a D a D Ln O r-I LL- r-I LL- U m -,-I LL- 4.1 +� +� a) a) a) a' o - 0 U o _0 _0 _0 o _0 _0 _0 _0 fa L O L O L O L > L O L O L > L O L O L O L > L O L O L O L O LL LL LL W LL LL (D W LL LL LL W LL LL LL LL U U U L Ln Uo Ln O Uo rn r� N Ln O :T r Ln m ra rn 00 rn rn 00 00 00 0) 0) 0) 0) 0) 0) 0) 0) 00 � rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn rn `-' N m l0 I� 00 Ol O rI N m Ln kD E r-I Ln r-I > Z O O O W O � a w � W E� W Z � A U W x w � O� OW FBI U 0 o_ 4-a 0 O_ f •� L • � 0 0 0 0 0 Z } Z } } } } } } Z } Z Z Z Z U U of N � � N L t L ' O VI O VI VI VI VI VI VI O VI O O O O O O O O O O O O > 07 Z >- Z >- >- >- >- >- >- Z >- Z Z Z Z O N U O U CY) N -0 61 N 00 N 00 N 00 N 00 N 00 N 00 N 00 N 00 N 00 N 00 m r O) r O) r O) r O I:T 00 00 00 00 00 00 00 00 00 00 O) O) O) O) U U I!) 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Currently Valued Loss Runs Please refer to the following schedules that accompany this RFP as separate attachments: 1. Workers' Compensation Loss Runs valued as of 2/28/18 2. General Liability Loss Runs valued as of 3/12/18 3. Auto Liability Loss Runs valued as of 3/12/18 4. Auto Physical Damage Loss Runs valued as of 3/12/18 The General Liability, Auto Liability and Auto Physical Damage Loss Runs are provided in an Excel Workbook with individual tabs for each policy year running from October 1 St to September 30 99 of 100 D. Aircraft and Pilot Information Aircraft: Year FAA 4 Make and Model Pass Crew 4 of Engines Annual Flt Hours 1976 N505FK Beechcraft A200 8 1 2 <200 2002 N911RR Sikorsky S76 C+ 6 2 2 700 2002 N91 ILK Sikorsky S76 C+ 6 2 2 700 1970 N91EC Bell OH-58A 2 2 1 <100 S76 helicopters alternate at Lower Keys Medical Center helipad in Key West and hangar at Marathon, FL. Beechcraft airplane and Bell helicopter hangered at Marathon, FL. Aviation Personnel: Name Position Age License Total Hours Beech Sikorsky David Masterson Director of Aviation 65 ATP 17,250 1200 175 Joao Freire Chief Pilot 41 ATP 4,690 N/A <100 Jeffrey Austin Pilot 54 ATP 7,450 N/A 720 Gary Baginski Pilot /Check Airman 67 ATP 9,080 1650 1380 Gregory Buchanan Pilot 56 ATP 10,050 N/A 3200 Harold Davis Pilot 51 ATP 5,950 1860 830 Mark Jewell Pilot 53 ATP 4,520 410 810 Lawrence Knowles Pilot 47 ATP 3740 N/A 980 Rafael Rios Pilot 56 Comm 4950 N/A 225 Mark Rivas Pilot 52 ATP 4850 N/A 220 Masterson is retired Army with 45 years aviation experience. Freire is former Portuguese military with 10+ years US aviation experience. Former HAA Chief Pilot /Check Airman /Instructor for Air Resource Medical Group (AMRG). Austin is retired Army with 31 years in aviation. Baginski is retired Army with 47 years in aviation. Buchanan is a former US Army aviator with 36 years aviation experience including Search and Rescue (SAR) service in Hong Kong and Sweden. Davis is a retired Marine with 24 years aviation experience in both fixed wing and rotary wing aircraft. Jewell is a retired Marine with 26 years in aviation in both fixed wing and rotary wing aircraft. Knowles is a retired Army Apache gunship pilot. 15 years aviation experience including Search and Rescue and Helicopter Air Ambulance. Rios is retired Army. 27 years aviation experience as standardization instructor pilot, instrument examiner and medevac pilot. Rivas is retired Army. 24 years aviation experience as standardization instructor pilot and instrument examiner 100 of 100