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Item C24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 14. 2004 Division: Management Services Bulk Item: Yes --X- No Department: Administrative ServiceslRiskManagement AGENDA ITEM WORDING: Approval for Purchase of Airport Liability insurance with Ace USA through Arthur J. Gallagher and Company. ITEM BACKGROUND: Provides $50 million in liability insurance coverage for Airport Operations (Key West and Marathon). Per Monroe County purchasing policy this coverage was put out for bids with incumbent providing lowest proposal. Effective date 7/27/04-7/27/05. PREVIOUS REVELANT BOCC ACTION: Approved current coverage with this carrier effective 7/27/03. CONTRACT/AGREEMENT CHANGES: Premium of $45,400 represents a reduction of$8,084 or 15%. ST AFF RECOMMENDATIONS: Approval. TOTAL COST: $45.400 BUDGETED: Yes -X- No COST TO COUNTY: $45.400 REVENUE PRODUCING: Yes No-X. AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _ DMSION DIRECTOR APPROVAL: ~LA~.~~ DOCUMENTATION: Included --X- To Follow Not Required DISPOSITION: AGENDA ITEM # Ga~ Revised 2/27/01 MONROE COUNTY, FLORIDA REQUEST FOR PROPOSALS FOR AIRPORT LIABILITY INSURANCE PROPOSAL FORM AIRPORT LIABILITY - PREMISES AND OPERATIONS Company ACE USA - ACE ProDertv and Casualtv Insurance ComDanv Underwriting office used Aviation Address 725 S. Filmera Street. #2050 Los An2eles. CA 90017 Telephone number 213-833-3100 Current A.M. Best Co. rating? A XIV Is policy form and all endorsements included for review? C8J YES D NO Are the following coverages included: Premises and Operations C8J YES D NO C8J YES D NO C8J YES D NO C8J YES D NO C8J YES D NO * Refer to Doliey wordin2 D. 20 of D. 23. item 10 Independent Contractors Products/Completed Operations Medical Expense payments Blanket Contractual (all related contracts included?) DYES DNO * DYES DNO * (any reporting requirements?) Personal Injury Liability (employees and contractual exclusions removed) D YES C8J NO N:\PUBLPROP\MONROE.BCC\Airport RFP.2004\MONROE COUNTY BCC RFP 0504-REVISED BY AJG DENVER. doc Construction & Alteration Liability Extension [8] YES D NO For work performed by YOU or on your behalf Contingent Hangarkeepers Liability [8] YES D NO Discrimination and Civil Rights Liability See previous response Employment Practices Liability D YES [8] NO [8] YES D NO Is the Coverage provided on an Occurrence Basis? Are defense costs included in the aggregate limit of Liability? D YES [8] NO Expense costs are outside limit Is requested Named Insured wording used? See previous response If not, stated wording to be used Includes evervthin2 reQuested except leased workers and "anyone that the County has responsibility for" LIMITS/PREMIUMS It is not required that all possible options be quoted DEDUCTIBLES LIMITS 0 $10,000 $50,000,000/$50,000,000 $45,400 $75,000,000/$75,000,000 $100,000,000/$100,000,000 $70,400 N:\PUBLPROP\MONROE.BCC\Airport RFP.2004\MONROE COUNTY BCC RFP 0504-REVISED BY AJG DENVER.doc The Proposer stated beiow 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 ',vithin forty fiY6 (15) days after inception of coverages. It is agreed that poliey premiums will be payable upon reoeipt by insured of complete polioy oonforming with the aooepted proposal. ~ Mav 27. 2004 Date *The insurer agrees to deliver policies to the insured within forty-five (45) days to ninety (90) days after inception of coverages. It is agreed that policy premiums will be payable upon inception of the policy(ies). Policies will conform to proposal as presented to Monroe County Board of County Commissioners. N:\PUBLPROP\MONROE.BCC\Airport RFP.2004\MONROE COUNTY BCC RFP 0504-REVISED BY AlG DENVER.doc MONROE COUNTY BOARD OF COUNTY COMMISSIONERS-. H'''.'' ._", "' ,..,' ". , ". .,,,.-, '. . ,"'-'.'-' ,'. ....,..., ',,,, ,..,. ".',,-, DESCRIPTION OF AIRPORT COVERAGE NAMED INSURED - (BROAD FORM) Includes elective or appointive officers of any board, commission or agency and employees and volunteers of yours but only with respect to liability arising out of activities of the Airport. The standard fellow employee exclusion is deleted. PREMISES LIABILITY (EXCLUDING WAR RISKS) WAR RIsKS ENDORSEMENT AND TRIA COVERAGE OFFERED AS AN OPTION Bodily Injury, including Mental Anguish and Property Damage. The ownership, maintenance or use of the Airports and all operations necessary thereto, but excluding the direct operation of a Control tower, including the ways and means immediately adjoining thereto, and including other incidental premises used by the Named Insured in connection with the business of the Named Insured. Contingent control tower liability is included up to policy limit. EXTENDED BODILY INJURY COVERAGE Includes coverage for fright or mental anguish. Also protects insureds that injure others, through the use of reasonable force, for the purpose of protecting persons or property. BROAD FORM PROPERTY DAMAGE Damage to property in your care custody and control exclusion does not apply to: ( Baggage or cargo handled by you, provided you are not handling the baggage or cargo as bailee for hire. To an "auto" while on the airport. To an "auto" or "mobile equipment" when your control is solely traffic control. N:WGIPUBlPROPIMONROE.BCaAirport RFP.2004\2004 ace airpOrt proposal.doc MONROE COUNTY BOARD OF COUNTY COMMISSIONERS-' ....--. ...... ''''.''-' ...., .... "" -".---." ..... ...-.-."..-.. . ..- ........- . - DESCRIPTION OF AIRPORT COVERAGE NON-OWNED AIRCRAFT LIABILITY Coverage for Bodily Injury and Property Damage, (including Passengers) arising from the operation of non-owned aircraft. The coverage limitation for "Airport Operations" has been removed (provided there is no known exposure in the County.) Coverage is limited to fzxed wing or rotor wing with no more than 10 total seats and a gross weight not in excess of 12,500 lbs. INDEPENDENT CONTRACTORS LIABILITY Expands definition of your work to include work or operations performed by you or on your behalf and materials, parts or equipment furnished in connection with such operations. CONTRACTUAL LIABILITY Expands definition of insured contract to include that part of any other contract or agreement pertaining to your business under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. 1. Excludes construction within 50 feet of any railroad property 2. Any contract that indemnifies or relates to rendering or failure to render professional services by an architect, engineer or surveyor 3. Any contract that indemnifies any person or organization for damage by fire to premises rented or loaned to you. PRODUCTS AND COMPLETED OPERATIONS LIABILITY Written on an occurrence basis and subject to annual aggregate. N:WG\PUBlPROP\MONROE.BC~irport RFP.2004\2004 ace airport proposal.doc MONROE COUNTY BOARD OF COUNTY COMMISSIONERS-. -, ,. _.... .." . ..,-..., . _. .,....., ...... .., ...., .......- ". ..' .- - ,.... ..-...-.....,.... '" '_..' . - '.'. ".- DESCRIPTION OF AIRPORT COVERAGE GROUND HANGARKEEPERS LEGAL LIABILITY Provides coverage for Aircraft while not in flight and in the care, custody or control of the Insured whether the liability arises out of a direct or indirect bailment. PERSONAL INJURY LIABILITY AND ADVERTISING LIABILITY Coverage for the following offenses committed during the policy period and arising out of the operations of the Named Insured: Mistaken arrest, detention or imprisonment; malicious prosecution; wrongful eviction from, wrongful entry to or invasion of the right of private occupancy; oral or written publication that slanders or libels; unintentional discrimination; misdirection of a passenger to the wrong aircraft, automobile or other connecting transportation. Coverage is subject to the annual aggregate indicated and the limit is part of and not in addition to the each occurrence limit. INCIDENTAL MALPRACTICE Malpractice, error or mistake by any physician, surgeon, nurse, medical technician or other person performing medical services on behalf of an insured in the provision of emergency medical relief. Coverage is subject to the annual aggregate indicated and the limit is part of and not in addition to the each occurrence limit. CONTINGENT AND HOST LIQUOR LIABILITY Provides coverage for Bodily Injury and Property Damage arising out of the giving or serving of alcoholic beverages at functions incidental to the Named Insured's business, provided the Named Insured is not engaged in the business, manufacturing, distributing, selling, serving or furnishing of alcoholic beverages. Includes contingent liquor liability for the operations of the Conch Lounge N:\A)G\PUBLPROPIMONROE.BCC\Airport RFP.2004\2004 ace airport proposal.doc MONROE COUNTY BOARD OF COUNTY COMMISSIONERS.' . ... ,. . . ~..._. .... ......,..... H""" _.'._ . . . ,... 'H' - - '.,.. . .. -_..... - . .....-. DESCRIPTION OF AIRPoRT COVERAGE ON PREMISES OWNED AUTOMOBILE LIABILITY Provides excess liability coverage for vehicles while on the Airport premises. Expands coverage by changing automobile exclusion to include "an auto or watercraft while on the airport and an auto or watercraft while not on the airport if responding to an aviation emergency". This coverage is excess over any other valid and collectable insurance. OFF PREMISES AUTOMOBILE EXCESS LIABILITY Provides excess liability for vehicles assigned to the Airport while being operated off the Insured premises. Policy provides the difference between primary automobile liability (minimum of$1, 000,000 each occurrence and $25,000,000 each occurrence. EXCESS EMPLOYERS LIABILITY Provides excess coverage over your Employers Liability. Policy provides the difference between primary Employers Liability limit (minimum of $1,000,000 each occurrence or self insured retention) and $25,000,000 each occurrence. Coverage is subject to annual aggregate indicated and is part of and not in addition to the Each Occurrence limit. CONTINGENT CONTROL TOWER LIABILITY Excludes the direct operation of a control tower by the Insured however coverage is provided for the contingent exposure up to the full policy limit and protects against this contingent exposure should a lawsuit arise implicating the Airport. FIRE LEGAL LIABILITY Property damage caused by fire to structures and fixtures that are rented or leased by the Named Insured. N:\AjG\PUBLPROP'Jv\ONROE.BCOAirport RFP.2004\2004 ace airpbrt proposal.doc MONROE COUNTY BOARD OF COUNTY COMMISSIONERS-' ""--"-"." ,p "",,, " ' ,.',,, " - - ,- ",.,-",-,,, ,,"-,"-' .._- DESCRIPTION OF AIRPORT COVERAGE SPECIAL PROVISIONS ( 90 day Notice of Cancellation (10 days for non-payment of premium ( Includes contingent liquor liability for the operations of the Conch Lounge ( Automatic excess coverage over and above primary policy covering air shows or meets. ( Inadvertent Error or Omission to report claim does not void coverage. MAJOR EXCLUSIONS ( Fellow Employee Exclusion is deleted ( War, Terrorism and Associated Perils ( Terrorism Risk Insurance Act of 2002 ( Employment Related Practices ( Pollution and Asbestos ( Contamination and Noise ( Electronic Date Recognition (Policy includes limited write-back endorsement.) ( Electrical Interference ( Interference with Use of Property ( Grandstands, bleachers and observation platforms (unless part of a permanent structure on the airport) ( Automobiles & Watercraft (unless provided) ( Owned Aircraft NOTE: Not all exclusions are shown. It will be necessary to refer to the actual policy for coverage, conditions, provisions and limitations. N:lAJGIPUBLPROPIMONROE,BCaAirport RFP,2004\2004 ace airport proposal,doc