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R24-273
1 RESOLUTION NO. R24-273 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH RSC 5 INSURANCE BROKERAGE, INC., D/B/A RISK STRATEGIES COMPANY 6 (INCLUDING ITS DIVISION, GEHRING GROUP), FOR BROKER SERVICES 7 FOR CASUALTY AND EXCESS INSURANCE SERVICES FOR AN ANNUAL 8 AMOUNT NOT TO EXCEED $2,700,000.00; AND FOR ALL OTHER 9 PURPOSES. 10 11 WHEREAS, on April 23, 2024, the City of Boca Raton entered into an Agreement with the 12 Gehring Group, Inc. ("Vendor") for broker services for casualty and excess insurance services 13 ("Services"); and 14 WHEREAS, the Vendor was acquired on January 1, 2022, by RSC Insurance Brokerage, Inc. 15 d/b/a Risk Strategies Company, wherein the Vendor became a division of RSC Insurance 16 Brokerage, Inc.; and 17 WHEREAS, the City desires to obtain the Services from Vendor; and 18 WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, 19 provides authority for the City to acquire or contract for services without utilizing a sealed 20 competitive method or the written quotations methods where the desired services are the subject 21 of an agreement that utilizes another government entity's contract, provided that the contract 22 was awarded based strictly on competitive bidding; and 23 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Boca Raton 24 Agreement; and 25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 26 best interests of the city's citizens and residents to approve a Piggyback Agreement with RSC 27 Insurance Brokerage, Inc. d/b/a Risk Strategies Company (including its division, Gehring Group) 28 for broker services for casualty and excess insurance services an annual amount not to exceed 29 $2,700,000.00. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 32 BEACH, FLORIDA, THAT: SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 36 approve a Piggyback Agreement between the City and RSC Insurance Brokerage, Inc., d/b/a Risk 37 Strategies Company (including its division, Gehring Group), for broker services for casualty and 38 excess insurance services for an annual amount not to exceed $2,700,000.00 (the "Piggyback 39 Agreement"), in form and substance similar to that attached as "Exhibit A." 40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 41 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 42 execute any ancillary documents as may be necessary to accomplish the purpose of this 43 Resolution. 44 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 45 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 46 Morgan Chaloupka to forward to the Vendor. 47 SECTION 5. This Resolution shall take effect in accordance with law. 48 [signatures on the following page] 49 50 PASSED AND ADOPTED this day of UNeleN0err 2024. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 Mayor-Ty Penserga 54 4/- 55 Vice Mayor-Aimee Kelley 56 57 Commissioner-Angela Cruz L/- 58 58 l/ 59 Commissioner-Woodrow L. Hay 60 61 Commissioner-Thomas Turkin 62 63 VOTE 64 ATTST: 65 66 1 „ ,10 __.-- I. t, c ...o.r. 67 Maylee D- .1- 's, MPA, M T =e .er%a 68 City Clerk M. • 69 _-....„ 70 ;"0,oyNT0A,N, APPROVED AS TO FORM: 71 (Corporate Seal) Os GpRPORgpF•,... 7 % U 72 i SEAL , • 73 ) .•INCORPORATED• ii A4LJL1MI M L A aiile 74 44 • 1920 ; Shawna G. Lamb 75 "ks ••. . City Attorney 1.. IOP FLOR , PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RSC INSURANCE BROKERAGE, INC. D/B/A RISK STRATEGIES This Piggyback Agreement is made as of this t'day oh O24, by and between RSC Insurance Brokerage, Inc. d/b/a Risk Strategies Company (including its division, Gehring Group), a Delware corporation with a principal address of 3500 Kyoto Gardens Drive, Palm Beach Gardens, FL 33410, hereinafter referred to as "Vendor," and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435,hereinafter referred to as"City." RECITALS WHEREAS, on April 23, 2024, the City of Boca Raton entered into an Agreement ("Master Agreement") with the Gehring Group, Inc. ("Vendor") for the purpose of broker services for casualty and excess insurance services ("Services"); and WHEREAS, The Gehring Group, Inc. ("Vendor") was acquired on January 1, 2022, by RSC Insurance Brokerage, Inc. d/b/a Risk Strategies Company wherein Vendor became a division of RSC Insurance Brokerage, Inc. WHEREAS,the City desires to obtain the Services from Vendor; and WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit A. NOW,THEREFORE, in consideration of the mutual covenants contained herein,and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on October , 2024, and will remain in effect until April 22,2025,with two (2)one-year renewal options("Term"). The Mayor is authorized to execute amendments to renew the Agreement on behalf of the City. The Piggyback Contract - Gehring Group 1 initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to provide Services to the City on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. Vendor hereby agrees to modify the Compensation for Services under Attachment B of the Master Agreement to provide that the City shall be charged a reduced rate of 7% for the "Fee for Policies not listed on Attachment C." Vendor shall procure coverage for the City in the amounts set forth in Exhibit B("Fee Schedule")hereto,which replaces Attachment C of the Master Agreement. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "City of Boca Raton" are hereby replaced with the "City of Boynton Beach." The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement in an annual amount not to exceed $2,700,000.00. The parties agree that any papers,records, disks, documents, drawings or other information referenced in Articles 10 and 18 of the Master Agreement (the "Records") which is to become the property of the City shall be solely limited to Records specifically prepared by Vendor for the City. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 RSC Insurance Brokerage, Inc. d/b/a Risk Strategies Copy: Company Attn.: Legal Department 160 Federal Street, 4th Floor Boston, MA 02110 Telephone: (561) 626-6797/Facsimile: (561) 626-6970 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Piggyback Contract - Gehring Group 2 City of Boynton Beach Division Director, Risk Management Attn: Morgan Chaloupka P.O. Box 310 Boynton Beach, FL 33425 Invoices shall show the nature of the service and dates(s)of service,policies procured, and commissions owed. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor,either wholly or in part,and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City 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 chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Piggyback Contract - Gehring Group 3 Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City,upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk(a�bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. Piggyback Contract - Gehring Group 4 12.DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13.EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts,which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen(14)calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date,including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City,this Agreement shall be subject to cancellation by City for cause,should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30)calendar days' after receipt by Vendor of written notice of such neglect or failure. 16.INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents,assigns and employees, consultants, separate Vendors,any of their subcontractors,or sub-subcontractors,from and against claims,demands,or causes of action whatsoever,and the resulting losses,damages,costs,and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments,or decrees, sustained by the City arising out of or resulting from (A)Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits,or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17.INSURANCE: At the time of execution of this Agreement,Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18.LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to Piggyback Contract - Gehring Group 5 which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement,regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may,without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization,consolidation,merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT.The Agreement,including the Master Agreement,sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements,written or oral,between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY.If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Signature Page to follow Piggyback Contract - Gehring Group 6 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA RSC INSURANCE BROKE ' • GE,INC. d/b/a RISK ST ' : ' EGIE . /I -MANY(including its s,"-is* e • g 7-4-110/ ' v `�� Ty P• • - :. Signa > , : • Kurt N. Gehring Print Name of Authorized Official Managing Director Title Approved as to Form: Jaal/!4 . WOrnh Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Att. - . Authenticated: (Si ature), tness Kate Grangard - Maylee Di Je ►s, ity Clerk Print Name s?,GYN.T04 fid'G6RP0RATF:< 9<<A • :INCORPORATED; S• * 1920 ,: •FCORIDP Piggyback Contract - Gehring Group 7 EXHIBIT A MASTER AGREEMENT BETWEEN THE CITY OF BOCA RATON AND THE GEHRING GROUP, INC. Piggyback Contract - Gehring Group 8 o f Boca Rat0 -.< , . l • 1. q %• p 1 `y I11COrporated 1925 RESOLUTION 51-2021 1 2 A RESOLUTION OF THE CITY OF BOCA RATON 3 AUTHORIZING THE MAYOR AND CITY CLERK TO 4 EXECUTE AN AGREEMENT WITH THE GEHRING GROUP, 5 INC. FOR THE PURPOSE OF BROKER SERVICES FOR 6 CASUALTY AND EXCESS INSURANCE; PROVIDING FOR 7 SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING 8 AN EFFECTIVE DATE 9 10 WHEREAS, the City of Boca Raton desires to enter into an agreement with The 11 Gehring Group, Inc. for the purpose of broker services for casualty insurance and excess 12 insurance; and 13 WHEREAS, such agreement has been prepared and a copy thereof is attached hereto; 14 now therefore 15 16 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 17 RATON: 18 19 1 1 Section 1. That the Mayor and City Clerk be authorized to execute the agreement with 2 The Gehring Group, Inc., a copy of which is attached hereto, together with such nonmaterial 3 changes as may be acceptable to the City Manager. 4 Section 2. That an expenditure in an annual amount not to exceed $40,000 for the 5 purpose of broker services is hereby authorized, subject to authorization of additional 6 expenditures pursuant to the Procurement Code of the City of Boca Raton. 7 Section 3. That, pursuant to Section 3- 107 of the City' s Procurement Code, a waiver 8 of procurement is authorized for the procurement of casualty and excess insurance because it is 9 in the best interests of the City to obtain such insurance coverages through existing insurance 10 market methods (which may not be obtainable through normal procurement processes). 11 Section 4. That the City Manager or designee is authorized to execute insurance 12 binders and any other documents related to the acquisition of insurance brokered under the 13 agreement. 14 Section 5. If any section, subsection, clause or provision of this resolution is held 15 invalid, the remainder shall not be affected by such invalidity. 16 Section 6. All resolutions or parts of resolutions in conflict herewith shall be and hereby 17 are repealed. 18 Section 7. This resolution shall take effect 10 days after adoption. 19 PASSED AND ADOPTED by the City Council of the City of Boca Raton this /3 day 20 of / 2021. 21 22 CITY OF BOCA RATON, FLORIDA 23 24 ATTEST: ICA11 25 26 27 /t Scott Singer, May 28 At 1. . /AA •_J/—_. 29 Mary Si, dons, , lerk 30 31 2 1 2 COUNCIL MEMBERS YE NO ABSTAINED MAYOR SCOTT SINGER DEPUTY MAYOR ANDREA LEVINE O'ROURKE COUNCIL MEMBER YVETTE DRUCKER VZ COUNCIL MEMBER MONICA MAYOTTE ,y / COUNCIL MEMBER ANDY THOMSON ✓ 3 4 3 AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT NO. 2021-002 THIS AGREEMENT made and entered into this aL5d day of Alm , 2021, by and between the City of Boca Raton, a municipal corporation of the State of Florio-a, he -inafter referred to as CITY, and The Gehring Group, Inc., a Florida corporation hereinafter referred to as SERVICE BROKER: WHEREAS, the CITY intends to enter into a non-exclusive agreement for the provision of professional brokerage services for casualty and excess insurance ("Services") by the SERVICE BROKER to the CITY; and WHEREAS,the SERVICE BROKER represents that it is capable and prepared to provide such Services; and WHEREAS, the parties hereto also desire that this Agreement shall be construed to authorize the CITY to request, and the SERVICE BROKER to provide, expert witness services in connection with court proceedings arising out of projects in which the SERVICE BROKER provided Services at the hourly rates set out in Attachment B, which is attached hereto and incorporated by reference as part of this Agreement. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 -EFFECTIVE DATE AND RENEWALS The effective date of this Agreement shall be 10 days after approval by the City Council and shall thereafter run for a three (3) year term, with the option to renew for three (3) additional one year periods, subject to cancellation as provided herein. The agreement may be extended thereafter at the CITY's option for a defined period of time, not to exceed twelve (12)months. The CITY reserves the right to keep policies and their dates of coverage in effect that were entered into prior to expiration or non renewal of Agreement. ARTICLE 2-SERVICES TO BE PERFORMED BY SERVICE BROKER The SERVICE BROKER shall perform the services as specifically stated in the Scope of Services, (Attachment A), and as may be specifically designated and additionally authorized by the CITY. Any amendments to this Agreement shall be subject to approval of the City Manager or City Council as provided for in the CITY's Code of Ordinances. ARTICLE 3-COMPENSATION SERVICE BROKER shall be fully compensated for Services in this Agreement in accordance with Attachment B, Compensation for Services, which is attached hereto and incorporated by reference as part of this Agreement. The annual service fee in Attachment B, Compensation for Services shall remain fixed for the initial three years of the Agreement. No cost increases shall be accepted in this three year term.Thereafter,any renewals which may be approved by the CITY may be subject to an annual adjustment based on the latest yearly percentage increase or decrease of the Consumer Price Index for All Urban Consumers (CPI-U) (All Items) for Miami- Fort Lauderdale-West Palm Beach, as published by the Bureau of Labor Statistics, U.S. Department of Labor for the December publication for the then current year, not to exceed 5%. Either the SERVICE BROKER or the CITY shall provide the other with a written request for an annual adjustment to the annual service fee. Any request for an annual adjustment by either party shall be provided to the other party no later than 60 calendar days prior to each renewal year of the agreement and provided to the attention of the project contact as identified in Article 24, It shall be the responsibility of the sender to confirm receipt of the annual adjustment request. The Deputy City Manager or designated representative will provide to the SERVICE BROKER a start date for the use of the updated annual fees, along with a copy of the updated compensation,which shall become an amendment to this Agreement. ARTICLE 4- STANDARD OF CARE SERVICE BROKER shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional Service Broker, under similar circumstances and SERVICE BROKER shall, at no additional cost to the CITY, re-perform Services which fail to satisfy the foregoing standard of care. ARTICLE 5—INDEMNIFICATION SERVICE BROKER shall defend, indemnify and hold harmless the CITY, its officers, and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of SERVICE BROKER and persons employed or utilized by SERVICE BROKER in the performance of this agreement. Any costs and expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the CITY to enforce this Indemnification Clause shall be borne by the SERVICE BROKER. This Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this Agreement. ARTICLE 6 - INDEPENDENT CONTRACTOR SERVICE BROKER undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. SERVICE BROKER shall work closely with the CITY in performing Services under this Agreement. The SERVICE BROKER shall not receive any City benefits, stipend or privileges afforded to City employees. ARTICLE 7-COMPLIANCE WITH LAWS In performance of the Services, SERVICE BROKER will comply with applicable regulatory and other applicable requirements including federal, state, county and local laws, rules regulations, orders, codes, criteria and standards. Further, SERVICE BROKER acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm to comply with the laws referenced herein shall constitute a breach of the award agreement and the CITY shall have the discretion to unilaterally terminate said agreement. ARTICLE 8- INSURANCE During the performance of the Services under this Agreement, SERVICE BROKER shall maintain the following insurance policies, and provide originals or certified copies of all policies, and such coverages shall be written by an insurance company authorized to do business in Florida. WORKER'S COMPENSATION The SERVICE BROKER agrees to maintain its own Worker's Compensation& Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement). COMMERCIAL GENERAL LIABILITY SERVICE BROKER agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. SERVICE BROKER agrees its coverage will not contain any restrictive endorsement(s)excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability, Cross Liability or Separation of Insureds. The SERVICE BROKER agrees any self-insured retention or deductible shall not exceed $25,000. Additional Insured Endorsements The SERVICE BROKER agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis with CG 20 10 04 13 endorsement or ISO equivalent. BUSINESS AUTOMOBILE LIABILITY SERVICE BROKER agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event SERVICE BROKER does not own automobiles, SERVICE BROKER agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the SERVICE BROKER does not own any vehicles, we will accept hired and non-owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SERVICE BROKER indicating the following: The Gehring Group, Inc. -does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Agreement, The Gehring Group, Inc. agrees to purchase"Any Auto" or "Company Name" Comprehensive Form coverage as of the date f acquisiti. . SERVICE BROKER's Signature: Kurt N. eh ng, Pre ' PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS The SERVICE BROKER shall procure and maintain,for the life of this Agreement either Professional Liability Insurance or Errors and Omissions Insurance. This coverage is for damages arising out of the insured's negligence, mistakes or failure to take appropriate action in the performance of business or professional duties. This coverage shall be on a"Claims Made" basis and kept for 2 years after completion. The minimum limits of coverage shall be $1,000,000 per claim with a deductible of no more than $25,000. SUPPLEMENTAL PROVISIONS 1. The insurance policy coverage as outlined herein shall remain in effect for the entire Agreement period. In the event of coverage cancellation, non-renewal, material change, modification or lapse of coverage, SERVICE BROKER shall notify the CITY within thirty(30)business days with written notice of such to the Purchasing Division by fax to 561-393-7983. 2. All renewal or replacement certificates of insurance specific to the Agreement/award shall be forwarded to the City of Boca Raton Purchasing Division with a copy to the Boca Raton Department as identified in the Purchase Order/Agreement. Original certificates to be sent attention of City of Boca Raton, Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, FL 33432. SUBCONSULTANT/SUBCONTRACTOR'S INSURANCE The SERVICE BROKER shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful SERVICE BROKER. Each subcontractor shall furnish to the successful SERVICE BROKER two copies of the Certificate of Insurance, and successful SERVICE BROKER shall furnish one copy of the Certificate to the City of Boca Raton. ARTICLE 9 -CITY'S RESPONSIBILITIES The CITY shall be responsible for providing reasonably required access to all project sites, and providing information on hand, including any data available in the files of the CITY. ARTICLE 10 -TERMINATION OF AGREEMENT Upon termination and as directed by the CITY, the SERVICE BROKER shall deliver to the CITY all original papers, records, documents,drawings,and other material set forth and described in this Agreement, including those described in Article 18, that are in SERVICE BROKER'S possession or under its control arising out of or relating to this Agreement and shall become the property of the CITY per Article 18. 10.1 Termination With Cause The obligation to continue Services under this Agreement may be terminated for cause by either party upon seven(7)days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 10.2 Termination Without Cause CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon fourteen (14) days written notice to SERVICE BROKER, and SERVICE BROKER shall terminate or suspend performance of Services on a schedule acceptable to CITY or at the end of this fourteen (14) day period, at the option of the CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay SERVICE BROKER for all Services performed through the date of notice of termination or suspension. 10. 3 Termination For Governmental Non-Appropriations The obligation of the CITY for payment to SERVICE BROKER is limited to the availability of funds appropriated in a current fiscal period. Continuation of the Agreement into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law and Agreement, and shall be terminated without penalty to the CITY and without any default upon the last day in which funds were last appropriated. ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION SERVICE BROKER shall consider all information provided by CITY and all reports,studies, calculations, and other documentation resulting from the SERVICE BROKER's performance of the Services to be proprietary unless such information is available from public sources or is a public record under Florida law. SERVICE BROKER shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12—UNCONTROLLABLE FORCES Neither the CITY nor SERVICE BROKER shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term"Uncontrollable Forces"shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, Acts of God and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13-GOVERNING LAW/VENUE/WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. BY ENTERING INTO THIS AGREEMENT, SERVICE BROKER AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 14-MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or SERVICE BROKER of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability The invalidity, illegality, or unenforceability of any provision of this Agreement,or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further 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. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 14.3 Political Campaigns During the term of this Agreement,the SERVICE BROKER or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign. 14.4 Conflict of Interest Neither SERVICE BROKER nor its employees or its subconsultant(s) shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with SERVICE BROKER's loyal and conscientious exercise of judgment related to its performance under this Agreement. ARTICLE 15 -INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and SERVICE BROKER as a final,complete and exclusive statement of the terms of the Agreement between the CITY and SERVICE BROKER. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and SERVICE BROKER pertaining to the Services, whether written or oral. Policies written under this Agreement may be bound and signed by the City Manager or designee. The Agreement may not be modified unless such modifications are evidenced by an amendment in writing signed by both the CITY and SERVICE BROKER. ARTICLE 16-SUCCESSORS AND ASSIGNS The CITY and SERVICE BROKER each binds itself and its director,officers,partners,successors,executors, administrators, assigns and legal representatives to the other party to this Agreement. Any assignment, sale, pledge or conveyance of this Agreement by SERVICE BROKER must be previously approved in writing by the CITY,whose consent may be reasonably withheld. ARTICLE 17 -CONTINGENT FEES The SERVICE BROKER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SERVICE BROKER 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 the SERVICE BROKER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18-OWNERSHIP OF DOCUMENTS SERVICE BROKER shall be required to work in harmony with other agents/brokers relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information prepared under this Agreement shall become the property of the CITY upon completion,for its use and distribution as may be deemed appropriate by the CITY. ARTICLE 19—MAINTENANCE OF RECORDS SERVICE BROKER will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by SERVICE BROKER for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the policy is completed, whichever is later, or such later date as may be required by law. ARTICLE 20—PUBLIC RECORDS . The City of Boca Raton is a public agency subject to Chapter 119, Florida Statutes. This Agreement requires SERVICE BROKER to provide services, and therefore SERVICE BROKER shall comply with Section 119.0701, Florida Statutes. Specifically, SERVICE BROKER shall: 1) Keep and maintain all public records related to the performance of the Services. 2) Upon request from the CITY's custodian of public records, provide the CITY 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 that provided in chapter 119, Florida Statutes,or as otherwise provided by law. 3) 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 Agreement. 4) Upon completion or other termination of the Agreement, keep and maintain the public records required by the CITY to perform the Services. SERVICE BROKER shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the CITY all records that were stored electronically by SERVICE BROKER, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. B. The failure of SERVICE BROKER to comply with the provisions set forth in this Article, or to comply with the CITY's request for records, shall constitute a default and breach of this Agreement, and the CITY shall, in its discretion, pursue any and all remedies against SERVICE BROKER provided for under this Agreement or at law. C. IF SERVICE BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SERVICE BROKER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, BRCITYCLERK(a�MYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. ARTICLE 21 —PUBLIC ENTITY CRIMES By its execution of this Agreement, SERVICE BROKER acknowledges that it has been informed by CITY of and is in compliance with the terms of Section 287.133(2)(a)of the Florida Statutes which read as follows: "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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or SERVICE BROKER under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO fora period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 22-LICENSES SERVICE BROKER shall comply with all federal, state, and county licensing requirements and shall comply with all provisions of the City of Boca Raton licensing requirements. SERVICE BROKER shall possess all qualifications, licenses and expertise requirement for the performance of Services under this agreement, including but not limited to, full qualification and good standing to do business in Florida. ARTICLE 23 -SCRUTINIZED COMPANIES A. Pursuant to Section 287.135, SERVICE BROKER is ineligible to enter into, or renew, this Agreement if SERVICE BROKER is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes), or is engaged in a boycott of Israel. B. By entering into this Agreement, SERVICE BROKER certifies that SERVICE BROKER is not on the Scrutinized Companies that Boycott Israel List, and that SERVICE BROKER is not engaged in a boycott of Israel. SERVICE BROKER acknowledges that SERVICE BROKER executed a certification to this effect at the time it submitted a response to the CITY's Request for Proposal and that such certification was likewise accurate at the time of execution of this Agreement. C. SERVICE BROKER shall notify the CITY if, at any time during the term of this Agreement, SERVICE BROKER is placed on the Scrutinized Companies that Boycott Israel List, or that SERVICE BROKER is engaged in a boycott of Israel. Such notification shall be in writing and provided by SERVICE BROKER to the CITY within ten(10)days of the date of such occurrence. D. In the event the CITY determines, using credible information available to the public, that SERVICE BROKER has submitted a false certification or SERVICE BROKER is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel,the CITY may,in its sole discretion,terminate this Agreement and seek a civil penalty,and other damages and relief, against SERVICE BROKER, pursuant to Section 287.135, Florida Statutes. In addition, the CITY may pursue any and all other legal remedies against SERVICE BROKER. E. SERVICE BROKER shall not seek damages, fees, or costs against the CITY in the event the CITY terminates the Agreement pursuant to this provision. ARTICLE 24—E-VERIFY By entering into this Agreement,the SERVICE BROKER becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E- Verify System to verify the work authorization status of all employees hired after January 1,2021 (as well as contractual employees whose Agreement is renewed after January 1, 2021), and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant does not employ, contract with,or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Agreement, or if a subcontractor/subconsultant knowingly violates the statute, the subcontract must be terminated immediately.Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by the SERVICE BROKER,the SERVICE BROKER may not be awarded a public contract for a period of 1 year after the date of termination. Should SERVICE BROKER violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the CITY as a result of the termination of the Agreement. ARTICLE 25-NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY City of Boca Raton Risk Management Division 201 W. Palmetto Park Road Boca Raton, FL 33432 Phone: 561-393-7970 Email: smov(a mvboca.us Attention: Stanley Moy, Risk Manager As to SERVICE BROKER: The Gehring Group, Inc. 3500 Kyoto Gardens Drive Palm Beach Gardens, FL 33410 Phone: 561-626-6797 Email: rodnev.Iouis(o�gehringgroup.com Attention: Rodney Louis, Risk Services Director Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Email is acceptable notice effective when received. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of SERVICE BROKER and CITY. ARTICLE 26—PROJECT TEAM Rodney Louis, Senior, Risk Services Advisor Primary Account Executive Kurt Gehring,Alternate Account Executive David Daley, Risk Management Consultant Paul DeSilva, Risk Analyst Thomas Willins, Primary Account Manager for all services related to Property and Casualty Stuart Morgan, Safety&Loss Control Officer Valerie Ensinger, Claims Advocate Project Team members may be changed only with the prior written approval of the City of Boca Raton Risk Manager. ARTICLE 27—USE OF SUBCONSULTANTS OR SUBCONTRACTORS SERVICE BROKER is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement,the SERVICE BROKER shall require each subconsultant or subcontractor,to the extent of the Services to be performed by the subconsultant or subcontractor,to be bound to the SERVICE BROKER by the terms of this Agreement and to assume toward the SERVICE BROKER all the obligations and responsibilities which the SERVICE BROKER, by this Agreement and any subsequently issued Work Order, assumes toward the CITY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the CITY under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. The SERVICE BROKER shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. SERVICE BROKER acknowledges and agrees that nothing in this Agreement shall be construed to create any contractual relationship between CITY and any subconsultant or subcontractor. IN WITNESS WHEREOF, the City of Boca Raton, at a regular meeting thereof, by action of the City Council directing the foregoing to be adopted, has caused these presents to be signed by the Mayor,and The Gehring Group, Inc. has executed this Agreement, all as of the day and year first above written. CITY OF BO A RATON 4....y\ Date: Attest: By: 6W611.& City Clerk Name: Scott Singer Title: Mayor Approved as to Foim and gal Sufficiency: B . --�--- 6. L Ci Attorney THE GEHRING GROUP, INC. Attest: Date: April 8,2021 .40 %_. AAA" By: -sL! Corp.rato Secretary Signa re 1111. (Affirm Corporate Seal) (Seal) Name:Kurt N. Gehring • Title: President and CEO President(or other duly authorized Officer) (Attach Resolution/Bylaw of authorization if no President) i. .,%. Approved by City Council on Aril I 13 , 2021, Item# 3. 6r• ATTACHMENT A SCOPE OF SERVICES 1-1 WORK OBJECTIVE The actual marketing, placement and servicing for each of the various lines of insurance policies shall be conducted by the SERVICE BROKER. SERVICE BROKER shall provide the CITY expertise and advice for the CITY's insurance needs. SERVICE BROKER shall be expected to provide a full range of services, including, but not limited to, marketing and placing the CITY'S excess insurance and casualty insurance coverage needs, assisting with insurance related issues, and providing insurance coverage recommendations. 1-2 SCOPE OF SERVICES General Requirements: The SERVICE BROKER shall provide the professional services necessary to perform the following general requirements as an all inclusive annual service fee. a. Types of Insurance Policies:The SERVICE BROKER shall be directed by the City's Risk Manager to market, negotiate and recommend carrier(s)selection for CITY consideration and purchase of the following: 1. Excess Insurance including, but not limited to the following coverages: • General Liability, Excess Liability: Sexual Harassment liability and Sexual Abuse liability. • Automobile Liability • Public Officials Miscellaneous Liability: Errors&Omissions, Employment Practice Liability, Sexual Harassment Liability and Sexual Abuse Liability • Workers'Compensation & Employers Liability 2. Casualty Insurance including, but not limited to the following coverages: Bond Policy (Treasurer, City Manager and Finance Director), AD&D Police and Fire, EMT Professional Liability, Ocean Marine and/or Ocean Marine Including Tug and Barge, Special Events, Parking Garage Liability Coverage for Special Events, Volunteer Insurance, Railroad Protective Policy, Summer Camps, Parks and Recreation General Liability(Tenants), Parks and Recreation Accident Insurance, Crime Coverage Policy, Cyber Liability, and any other event related coverages the CITY may require. The list of insurance policies covered under this Agreement is referenced in Attachment C. b. Marketing: The SERVICE BROKER shall consult with the CITY to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers'Compensation and General Liability risk management program. At the direction of the City's Risk Manager or Management Services Director, the SERVICE BROKER shall market insurance policies, provide risk analysis, prepare underwriting submissions/specifications, marketing, program design, and carrier selection. The SERVICE BROKER shall be actively involved to ensure the proper coverage is addressed for whatever the CITY may require. The SERVICE BROKER shall be expected to consult with and/or update the CITY on any new insurance coverages that should be considered by the CITY based on CITY exposures and risk assessment. The SERVICE BROKER shall maintain contact with global insurance markets, which are interested, available, and qualified to provide insurance and loss prevention services to the CITY. No less than sixty(60)calendar days prior to renewal of coverages, the SERVICE BROKER shall meet with the City's Risk Manager and Management Services Director to present a marketing report. The report shall be comprehensive and include at a minimum a current program evaluation, required marketing timetable, ratings of the appropriate markets, broker recommendations, and anticipated rates and premium. The SERVICE BROKER shall submit all insurance proposals received and appropriate recommendations for CITY execution no less than thirty(30)calendar days prior to the policy expiration dates. All submission(s)shall include a matrix of all insurance proposals received which includes an evaluation of coverage, limits and cost. Following the CITY's acceptance of an insurance proposal, the SERVICE BROKER shall provide the CITY with a policy premium to be bound and signed by the City Manager. Marketing of any insurance policies shall be recommended, evaluated and approved by the City's Financial Services Director or Management Services Director. c. Risk Management Policy Development: The SERVICE BROKER shall support the CITY's efforts in developing Risk Management policies. This includes but is not limited to; presentation of industry standard practices; assistance in development of policies that support the goals of the CITY toward use of local resources; and assist in presentations to policy and decision making authorities. SERVICE BROKER shall inform the CITY of applicable Federal and State compliance legislation, legislative trends and issues, and necessary governmental filings. d. Risk Assessment: The SERVICE BROKER shall assist in the identification, evaluation, and support of risk exposures for the CITY and aid in the determination of the level of the appropriate risk retention for the CITY. SERVICE BROKER shall recommend proper limits and coverages for risk and exposure common to the CITY and similar size cities. e. Risk Financing: The SERVICE BROKER shall provide the CITY with comprehensive information on market conditions and trends and assist the CITY with estimated renewal quotes for financial planning and budgeting in coordination with the CITY's annual budget process period. f. Loss Management: SERVICE BROKER will assist the CITY in management of information regarding losses. SERVICE BROKER shall provide expert assistance in the settlement of major claims and losses and assist the CITY in periodic evaluation of claims handling and administration, and reserves for self-insured retentions. SERVICE BROKER shall provide input to the CITY and make recommendations regarding major losses incurred by the CITY during the previous and current policy periods. g. Loss Development: SERVICE BROKER shall support the CITY with resources for trending, forecasting, and premium calculation and allocation in cooperation with actuarial services used by the CITY. h. Indemnification/Hold Harmless Clause:The SERVICE BROKER shall advise and provide recommendations for indemnification/hold harmless clause provisions referenced in contracts/agreements that effect the CITY for the purpose of adequately wording to protect the interests of the CITY. i. Policy and Insurance Language: The SERVICE BROKER shall assist CITY in the development and adequacy of insurance and liability specifications, bonds, and other risk management concerns for bids, request for proposals, contracts, leases and other agreements as required.The SERVICE BROKER shall provide a thorough review with assistance and recommendations on certificates of insurance, binders and endorsements on an as needed basis to ensure compliance with CITY requirements and as referenced in contracts/agreements that effect the CITY. The SERVICE BROKER shall provide expertise in the verification, interpretation, and preparation of manuscript insurance policy forms and endorsements. This includes policy language, accuracy,form, compliance, application of risk, and the CITY's intended needs as specified. j. Annual Report: The SERVICE BROKER is responsible for producing an annual report within forty-five(45)calendar days of the end of the fiscal year for the CITY.The end of the fiscal year is September 30th. This report is to include: a schedule of policies in force, premiums, losses, commissions and fees earned or waived, developments and trends in the markets for these coverages and proposals in the CITY's coverages. The SERVICE BROKER shall submit the Annual report in an excel format to the CITY. k. Use of City Owned Property: The SERVICE BROKER shall comment and recommend coverage requirements for third parties requesting use of CITY owned property on an as needed basis.The aforementioned may occur with Special Event policies. I. Excess Insurance: The SERVICE BROKER will consult with the CITY to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers' Compensation and General Liability Risk Management program. The SERVICE BROKER will design specifications and create a submission for underwriter review for Excess Workers' Compensation, General Liability and Miscellaneous Liabilities as defined by the CITY and obtain CITY's approval on marketing submission and markets being approached. The SERVICE BROKER shall have knowledge of package programs for Excess insurance that may provide coverage for multiple lines of insurance. The SERVICE BROKER will review and analyze Excess coverage forms for inclusion and exclusion language and conditions. The Broker will provide alternatives for both occurrence and claims made coverage forms on the Excess policy during each renewal period. The SERVICE BROKER shall suggest alternative risk financing vehicles to reduce the total cost of risk to the CITY. m. Miscellaneous: The SERVICE BROKER shall: 1) provide the CITY with reports at appropriate policy intervals to include ata minimum loss reports, insurance market trends and outlook, and risk retention recommendations and philosophy. 2) attend meetings as requested and as deemed necessary by the Risk Management division. Coordinate and arrange meetings when requested, between CITY and insurance company underwriter(s). 3) for certain policies, such as "Excess Insurance", meet on City premises to provide presentations as required. 4) for other policies, meet on City property in person from time to time for meetings and/or presentations, however if such is not possible, the SERVICE BROKER may have the option of conducting such services via phone conference and/or virtual meetings. 5) provide an account executive and team assigned to the CITY to accommodate and provide consultation services as needed. 6) secure Excess Insurance on behalf of the CITY which meets or exceeds the minimum financial guidelines or a rating of not less than A- as assigned by A.M. Best, and is encouraged, but is not required,to secure same for all types of insurance. The CITY reserves the right to maintain existing casualty insurance policies that were issued prior to the effective date of this agreement for dates of coverage that are in effect after the effective date of this agreement. 7) provide assistance with internal loss engineering. SERVICE BROKER shall conduct an assessment involving occupancy, natural disaster and security hazards on behalf of the CITY, and develop a plan to cut costs, safeguard against liability exposures and employee injuries and manage losses. 8) offer OSHA certified safety-related, online training courses using Bentek®LMS platform, to City employees. Certificates of completion, along with training records,will be maintained in electronic format for administrative tracking. 9) at CITY's option, provide an Employee Disaster Recovery Program (EDRP)for all participating City employees with access to an insurance claims professional to coordinate all recovery matters with employees' respective insurance carriers while allowing City employees to remain at work.The EDRP can assist, at no extra cost to the CITY, in sourcing relief items for City employees,emergency fueling, meal services for their families and even temporary housing options. 1-3 RESERVATIONS CITY reserves the right,but not obligation,to request the SERVICE BROKER to service,underwrite,market and place coverage on both existing or new insurance program(s)or coverage(s)provided it is in the CITY'S best interest to do so. CITY reserves the right to accept, amend or reject proposal(s)for new or existing coverages made by the SERVICE BROKER. CITY reserves the right to negotiate directly with certain markets not normally available to agents or brokers. CITY reserves the right to procure additional lines of coverage in accordance with procurement code procedures and operations in lieu of utilizing SERVICE BROKER. 1-4 POLICY COVERAGE TERM In the event the Agreement expires, is terminated or not renewed, the CITY reserves the right to elect the following: a. Keep coverage term in effect for policies entered into prior to expiration,termination or non-renewal of Agreement. b. Release all insurer(s)and/or intermediary(s)to CITY,as well as to CITY's newly designated service brokerage firm(s), to service, underwrite, market and place any existing or new insurance program(s). c. Assign a new broker and issue a new broker of record letter. The Broker agrees to release the markets and waive any waiting period to service, underwrite, market and place any existing or new insurance program(s). ATTACHMENT B COMPENSATION FOR SERVICES The CITY shall pay to the SERVICE BROKER for providing and performing the Services set forth in Attachment A as follows: Annual Service Fee All inclusive annual service fee of$40,000.00 for the services identified in Attachment A, Item 1-2, Scope of Services for all policies identified in Attachment C. The all inclusive annual service fee shall include any costs for travel, lodging and any other miscellaneous expenses. The all inclusive annual service fee paid to the SERVICE BROKER is to be the only remuneration accepted by the SERVICE BROKER for service fees in relation to the Agreement. Annual Service fee for any renewal term(s)shall be in accordance with Article 3—Compensation. The SERVICE BROKER's all inclusive annual service fee will be prorated into four quarterly installments at the CITY's option. Fee for Policies not listed on Attachment C For any new policy placements beyond the policies listed in Attachment C,fees owed to the SERVICE BROKER shall be 10 percent of the premium. Fee for Expert Witness Testimony In the event SERVICE BROKER is called on to provide expert witness testimony in any court or administrative proceeding arising from or related to the SERVICE BROKER provided Services under this agreement, SERVICE BROKER shall provide those services at no cost. Payment for Policies The CITY will make payment for policy premiums,exclusive of the SERVICE BROKER's all inclusive annual service fee,directly to the insurance carrier or the SERVICE BROKER based on the provisions of the policy. The policy premium shall be a direct pass through from the insurance agent with no brokerage fees included. Following the binding of the policy coverage,the CITY's payment terms are Net 30 days. Invoices must be submitted against each individual purchase order. ATTACHMENT C INSURANCE POLICIES NAME OF POLICY POLICY LIMITS Crime $ 1,000,000.00 Bond - Treasurer (Cormac Conahan) $ 100,000.00 Bond - Finance Director (Linda Davidson) $ 100,000.00 Accidental Death & Dismemberment (AD & D) Police & Fire $ 75,000.00 EMT Professional Liability $ 1,000,000.00 Excess Liability-General Liability and Workers' Compensation $ 1,000,000.00 Hull & Pollution value of hull Special Events (not renewed due to Covid-19, to be included as part of Scope of Services for annual service fee) $ 1,000,000.00/$2,000,000.00 Railroad Protective Policy $ 2,000,000.00/$6,000,000.00 Summer Camps $ 1,000,000.00/$2,000,000.00 Parks & Recreation General Liability (Tenants) $ 2,000,000.00 Parks & Recreation Accident $ 10,000.00 Cyber Liability $ 1,000,000.00 REQUEST FOR PROPOSAL RFP NO. 2021-002 BROKER SERVICES FOR CASUALTY & EXCESS INSURANCE OLA 4 ilirt :satof:it OA 4,„Viiiiil 1OR►O City of Boca Raton City Hall Purchasing Division 201 West Palmetto Park Road Boca Raton, Florida 33432 (561) 393-7871 1 Table of Contents RFP 2021-002 BROKER SERVICES FOR CASUALTY & EXCESS INSURANCE PART I - GENERAL INFORMATION 3 PART II - STATEMENT OF WORK 13 TABLE 01 - CURRENT POLICIES 14 PART III - EVALUATION OF PROPOSALS 19 PART IV- INSTRUCTIONS FOR PREPARING PROPOSALS 22 PART V- PROPOSAL RESPONSE FORM 24 PART VI - PRICE PROPOSAL FORM 41 PART VII - SAMPLE AGREEMENT 42 EXHIBIT A- CURRENT CITY POLICIES 52 EXHIBIT B - REDACTED VERSION OF PROPOSAL COVER SHEET 53 2 PART I —GENERAL INFORMATION RFP NO. 2021-002 Broker Services for Casualty & Excess Insurance 1.1. DEFINITIONS For the purposes of this Request for Proposal, and the resulting agreement, the following terms will have the definitions listed: "Awarded Proposer" shall mean the Proposer selected by the City as a result of this RFP process. The Awarded Proposer may also be referred to as the Contractor and/or Proposer within this RFP and the sample agreement. "Proposal" shall mean the package of materials and information submitted by a Proposer in response to this RFP. "Proposer" shall mean a person (e.g. contractors, consultants, corporation) that submits a Proposal in response to this RFP. "Responsible Proposer" shall mean a person (e.g. contractors, consultants, corporation) who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. "Responsive Proposer" shall mean a person (e.g. contractors, consultants, corporation) who has submitted a Proposal which conforms in all material respects to the requirements set forth in this RFP. "Casualty Insurance" For the purpose of this proposal, casualty insurance includes excess insurance (general liability, workers' compensation), employee benefits liability, public officials and employees liability, special events, crime and facility use liability and other insurance that is typically referred to as Casualty. It does not include healthcare, property insurance, or short and long-term disability. 1.2. PURPOSE This Request for Proposal (RFP) provides guidelines for the submission of proposals in response to Broker Services for Casualty& Excess Insurance from firms with experience and qualifications in providing the stated Scope of Services. 1.3. PROPOSAL SUBMISSION AND WITHDRAWAL The City of Boca Raton shall not be held responsible for the content of RFP packages obtained from any third party source nor will the City be responsible for providing addenda to potential Proposers who receive an RFP package from other sources than the City of Boca Raton Purchasing Division. THE CITY MUST RECEIVE ALL PROPOSALS BEFORE 3:00 p.m. on January 19, 2021. HOW TO RESPOND TO THIS RFP 1. Either of the following two options may be utilized by a Proposer to submit a sealed RFP response. A. Submission of the Proposal response by electronic transmission using the City's electronic bid system located at https://brpurch.ionwave.net/Login.aspx. In order to submit the Proposal electronically: (1)the Proposer must print the RFP documents; (2) all required RFP data/information must be added to the 3 RFP documents and included forms; (3) an individual authorized to contractually bind the Proposer must sign all required RFP forms; (4) the entire RFP response and all signed forms must be scanned to PDF format; and (5) the Proposer shall upload the scanned RFP response and signed RFP forms to the City's electronic bid system pursuant to the directions in the electronic bid system. Please note that the maximum file size is 100 MB for an uploaded file. Proposer's response shall not contain any alteration to the RFP documents that were posted by the City other than entering data, information and signatures required by the RFP in the spaces provided for such data, information and signatures, and by including attachments as necessary. By submission of an electronic RFP response, Proposer affirms that a complete set of RFP documents was obtained from the City's electronic bid system and that Proposer made no alteration of any kind or nature to the RFP documents other than entering data, information and signatures required by the RFP or by including attachments as part of the RFP response. Electronic RFP submissions are only permitted to be upload prior to 3:00 p.m. on the RFP due date. Any attempt to upload a late RFP response at or after 3:00 p.m. on the RFP due date will be rejected by the City's electronic bid system. It is highly recommended that Proposers submit their RFP response as an electronic submission using the City's electronic bid system. B. Delivery of the RFP response as a sealed paper RFP response. The City will receive proposals at the following address: City of Boca Raton City Hall /Attn: Purchasing Division 201 W. Palmetto Park Road Boca Raton, FL 33432 i. Enter building through the front entrance door (North side of City Hall Building). ii. Check in at the reception area and identify that you have an RFP package for delivery to the Purchasing Division. A representative from the Purchasing Division will be contacted to receive the RFP submittal or will already be at the reception area. The Purchasing Division representative will place a date/time stamp on your RFP submittal package to confirm receipt is prior to the closing date and time. Please note: The City may have special procedures for COVID-19 that person delivering the proposal will be required to follow (i.e. masks must be worn for entrance to City Hall) The City cautions Proposers to assure actual delivery of mailed or hand-delivered proposals prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 393-7871, before proposal closing time. iii. A proposal received by the City of Boca Raton Purchasing Division after the established deadline will be returned unopened to the Proposer. iv. To facilitate processing please mark the outside of the envelope as follows: RFP No. 2021-002, Broker Services for Casualty and Excess Insurance. The envelope shall also include the Proposer's return address. 4 Proposers to submit four(4)sets of the Proposal, one marked original and three (3) copies of the Proposal in a sealed, opaque envelope marked as noted above. 2. An RFP response submitted either by upload or by hand-delivery after the specified due date and time will be rejected. As indicated above, the City's electronic bid system will not accept RFP responses that are attempted to be submitted after the due date/time. As to a hand-delivered RFP response, it will be rejected and returned unopened when the Proposer attempts to hand-deliver it or it will be rejected when it is attempted to be hand-delivered by a third party mail service. If the RFP response is delivered after the required date and time and a City representative is not available to reject it, that Proposer will be notified that the RFP response was submitted after the required/specified date and time and the City will return the RFP response, as long as the Proposer name and address is available on the RFP response package. 3. A Proposer's RFP response (either uploaded or hand-delivered) shall be signed only by an individual authorized by the Proposer to both execute such RFP and to bind the Proposer. For electronic submissions, the signature included shall be deemed an original signature, shall be binding on the Proposer, and shall be relied upon by the City as a document authorized by the Proposer for all purposes. Proposers may withdraw their Proposals by notifying the City in writing or withing the City's bidding system at any time prior to the deadline for Proposal submittal. After the deadline, Proposals once opened become a public record of the City and will not be returned to the Proposers. All Proposals shall be valid for a minimum period of 120 days from the RFP closing date to accommodate evaluation and selection process. Upon opening, Proposals are subject to public disclosure consistent with Florida Statutes. By submitting a Proposal, a Proposer warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. Names of Proposers responding to the RFP will be made available on the Purchasing Division Web page https://www.myboca.us/253/Tabulations-Award-Recommendations 1.4. CONFIDENTIAL DOCUMENTS AS NOTED BY PROPOSER Any Proposer that elects to invoke exemptions to disclosure provided by law in the response to the RFP, is required to submit a redacted version of the RFP. For the purposes of this proposal a "Redacted Version" of Proposer's proposal response shall mean, Proposer is to provide an exact replica of their firm's original proposal response, in which the Proposer has "shaded-out" all areas of their proposal response which they deem "Confidential" or"Exempt" under Florida State Statute(s). This Redacted Version shall be provided as follows: • In addition to the (1) original and three (3) copies, Proposer to provide an extra copy of the proposal, clearly marked as "Redacted" on the front cover or may submit the redacted pdf file separately in the Response Attachments using the City's electronic bidding system. • On the inside cover of the redacted version there should be a summary sheet(s) detailing the sections, parts, and or pages redacted. • For each section of the proposal that contains a redaction, Proposer shall provide the reason why such exclusion from public disclosure is necessary and state the legal basis for each exemption with a specific statutory citation for such exemption. • Exhibit B - Confidential Documents— Redacted Version of Proposal Cover Sheet Florida Statute Section 119.071 sets forth general exemptions to the inspection and copying of public records. Additionally, trade secrets, as defined in Florida Statute Section 812.081 are confidential and exempt from the 5 public records law pursuant to Florida Statute Section 815.045. Copyrighted material is not excluded from the definition of"public record". It will be the responsibility of the Proposer to elect and to submit a redacted version of their RFP submittal. NOTE: In the event that the Proposer elects not to submit a redacted version of their RFP submittal, in accordance with item 1-4, the entire RFP, without exclusion, will be made available as a public record. 1.5. INVITATION TO PROPOSE The City solicits offers for the services of responsible Proposers to provide Broker Services for Casualty and Excess Insurance for the City of Boca Raton. Proposer may only submit one proposal response to this RFP. Multiple proposal responses from same Proposer shall be cause for City to reject all Proposals from that Proposer. Proposer shall submit their response subject to the provisions of Florida Statute Chapter 112.313, which addresses conflicting employment or contractual relationships with public officers, employees of agencies, and local government attorneys. 1.6. INQUIRIES/ADDENDA Interested Proposers may contact Robin Annexstein, Buyer,with questions about the proposal at the Purchasing Division, City Hall, 201 W. Palmetto Park Road, Boca Raton, Florida 33432 Telephone (561) 393-7880. It is the sole responsibility of the Proposer if the Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Buyer, noted herein, of such error in writing and request modification or clarification of the document prior to submitting their proposal. Written request for modification or clarification of this RFP are to be submitted seven (7) days prior to the RFP closing date. Questions may be submitted by email to annexsteinmyboca.us with reference to the RFP number and title on the subject line. The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes, modifications or additional information may be provided by the City. It shall be the responsibility of each Proposer, during and prior to RFP submittal to visit the City of Boca Raton Purchasing Division Bidding Opportunities link at https://brpurch.ionwave.net/currentsourcingevents.aspx or contact the Purchasing Division at 561-393-7871 to determine if addendums were issued and to obtain such addendums from the Purchasing Division Online bidding website. Only written addendums issued by the City may modify the RFP or clarify the intent or requirements of the RFP. Any oral instructions or explanation provided by City employees regarding the RFP will not be binding upon the City and should be disregarded. The City will make every effort to notify registered Proposers by email that an addendum has been made to the RFP. The City shall not be responsible for providing notice of addenda to potential Proposers who receive a RFP package from other sources. All addenda issued by the City will include a receipt form, which must be signed and included with any proposals that are submitted to the City. In the event multiple addenda are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the City. All Proposers are expected to carefully examine the proposal documents. Any questions, ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City prior to the opening of the proposals per above instructions. 6 1.7. MINIMUM QUALIFICATION REQUIREMENTS Proposer shall meet or exceed the below noted minimum requirements. Any Proposer not meeting the minimum qualification requirements, or not clearly demonstrating that they meet the following minimum qualification requirements in conjunction with item 1.8 shall not be considered for evaluation by the Selection Committee. Notice of such will be provided to each Proposer not meeting the minimum qualification requirements. A. As a minimum qualification requirement, the City requires that the Proposer's Primary Account Executive assigned to be the agent for the City possess the following current and valid licenses: • The Florida General Lines Insurance Agent License • Surplus Lines Agent License. Proposer to submit a copy of each of the above licenses for the Primary Account Executive with Proposer's proposal response. B. As a minimum qualification requirement, the City requires that the Firm name identified on the Proposer Acknowledge Form has been in business for a minimum of five (5) years in the State of Florida. Evidence of a minimum of five (5) years shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's Firm. 1.8. DOCUMENTS TO BE SUBMITTED PART IV- INSTRUCTIONS FOR PREPARING PROPOSALS of this RFP identifies each of the documents to be submitted in response to this RFP, including the City provided forms in the electronic bidding system. Each Proposal must include all of the documents/forms required by this RFP in order to be considered responsive. However, in the event a form(s), a portion(s) of a document, or other information is omitted from a Proposal, the City reserves its right to waive the omission as a minor irregularity and request the Proposer to submit the omitted information. The City also may request clarification from a Proposer. If a Proposer fails to timely provide the omitted information requested by the City, the Proposer's Proposal may be deemed non- responsive and the Proposer may be eliminated from further consideration. 1.9. EVALUATION AND SELECTION PROCESS Evaluation of proposals will be conducted by an evaluation committee of City staff. Proposer shall meet all minimum evaluation criteria in order for their Proposal to be considered responsive for further evaluation in conjunction with item 1.8. The evaluation process will be a one- or two-step process as fully detailed in PART III - EVALUATION OF PROPOSALS based on the point structure and criteria identified. The City reserves the right to reject any non-responsive proposal, all proposals, to waive non-material technical variances or minor irregularities in the proposal, to cancel the RFP and may re-solicit and re-advertise the RFP. The City reserves the right to request clarification from the Proposer(s). It shall be the responsibility of the Proposer to submit all requested information identified by the City upon request to clarify their Proposal. Failure of a Proposer to provide the requested clarification information as detailed in the written communication may result in the Proposal being considered as non-responsive and not considered for further evaluation. The City may in its discretion waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter, at the option of the City. 7 1.10. CONTRACT AWARDS The City anticipates entering into a contract with the Proposer who submits the proposal judged by the City to be most advantageous. The Proposer understands that this RFP does not constitute an offer or a contract with the City. Award recommendations shall be subject to the approval of the City Manager, City Manager designee or City Council as provided for in the City's Code of Ordinances. Award recommendations to be posted on the City of Boca Raton Purchasing Division Notice Board for a period of three business days prior to making the award, which conforms to all requirements herein and whose evaluation by the City indicates that the award will be in the best interest of the City. A contract shall not be deemed to exist and is not binding until proposals are reviewed and accepted by appointed staff, the most advantageous proposal has been identified, negotiations with the Proposer have been authorized by the appropriate level of authority within the City, an agreement has been executed by parties and approved by the appropriate level of authority within the City. A sample Contract is attached to this RFP. The City anticipates that the final contract will be in substantial conformance with the Sample Contract; nevertheless, Proposers are advised that any contract which may result from the RFP may deviate from the Sample Contract if in the City's opinion such deviation is reasonable, justifiable and serves the best interest of this procurement and of the City. In the event the parties are unable to negotiate terms acceptable to the City, the City may determine to accept the offer of the second most responsive and responsible Proposer determined by the selection committee, or it may resolicit proposals, at the option of the City. Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 1.11. DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1.12. TIMETABLES The City and Proposers shall adhere to the following schedule in all actions concerning this RFP: A. The City must receive the proposals by close date as detailed in item 1.3 B. The City will review and evaluate the proposals in a timely manner. C. The City may enter into a contract after obtaining appropriate approvals and conducting negotiations. D. The City will notify all unsuccessful Proposers. Estimated time line is detailed below, subject to change. RFP Opens as stated Evaluation of RFP, Short listing of Proposers 15 days Presentation / Demonstrations/Conference Call 10 days Final Negotiations with #1 Ranked vendor, finalization of agreement 15 days Award and Council Approval (if required per City Ordinance) 45 days Purchasing Division website will be used for meeting notices at https://www.myboca.us/230/Purchasinq-Division 8 1.13. DELAYS The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify Proposers of all changes in scheduled due dates by written addenda. 1.14. NEWS RELEASES The Proposer shall obtain the prior approval of the City Manager's Office or designee of all news releases or other publicity pertaining to this RFP or the service, study or project to which it relates generated by the Proposer or its agents, including the use of the City seal. 1.15. LICENSES AND CERTIFICATIONS Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of RFP receipt, as applicable. 1.16. PUBLIC ENTITY CRIMES In accordance with the applicable portions of Section 287.133, Florida Statutes, which reads as follows: "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 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 a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 1.17. CODE OF ETHICS/ CONE OF SILENCE If any Proposer violates or is a party to a violation of the Code of Ethics of the City of Boca Raton, Palm Beach County or the State of Florida, such Proposer shall be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and may be further disqualified from bidding on any future proposals for work, goods or services for the City of Boca Raton. The City's Code of Ethics, Chapter 2, Article V may be viewed at https://www.municode.com/library/fl/boca raton/codes/code of ordinances. The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Boca Raton. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: 1) Any person or person's representative seeking an award from such competitive solicitation; and 2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. 9 (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance(County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. 1.18. LEGAL REQUIREMENTS Proposer shall comply with applicable provisions of all federal, state, county laws and regulations, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement Code. Lack of knowledge of any such provision, by any Proposer, shall not constitute a cognizable defense against the legal effect thereof. Pursuant to Chapter 2 (Administration), Article VIII (Lobbyist Registration), Sections 2-351 through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who acts as a lobbyist must register with Palm Beach County's Central Lobbyist Registration Site, prior to engaging in lobbying activities before City of Boca Raton staff, boards, committees and /or the City Council, or any member thereof. Information on lobbyist registration can be found at: http://discover.pbcgov.orq/legislativeaffairs/Paqes/Lobbying Requlations.aspx 1.19. DRUG-FREE WORKPLACE In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a 10 business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1.20. PROCUREMENT CODE This Proposal is governed by City of Boca Raton Procurement Code. A copy of the Procurement Code is available for your review at the Purchasing Division by calling 561-393-7871. 1.21. POLITICAL CAMPAIGNS During the term of this Agreement, the Consultant or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign. 1.22. SCRUTINIZED COMPANIES CERTIFICATION Section 287.135, Florida Statutes, prohibits the City from contracting for goods or services of any amount with companies that are on the Scrutinized Companies that Boycott Israel List or are engaged in a boycott of Israel. Section 287.135, Florida Statutes, further provides that a Proposer is not entitled to bid on any contract for goods or services of any value if that Proposer is on the Scrutinized Companies that Boycott Israel List or is otherwise engaged in a boycott of Israel. Upon submitting its Proposal, Proposer shall certify compliance with section 287.135, Florida Statutes, by executing the Proposer Certification regarding Scrutinized Companies, which is Item 5.12, RFP Forms. The City reserves the right to terminate any agreement in which a Proposer provides a false certification or otherwise violates Section 287.135, Florida Statutes. 1.23. INSURANCE INSURANCE REQUIREMENTS (Articles from Sample Agreement) The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions specified in the sample agreement. In the event the Proposer is a governmental entity or a self- insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposer's insurance coverage, policies, or capabilities may be grounds for rejection of the proposal and rescission of any awarded contract. INSURANCE REQUIREMENTS (proof of ability to obtain to be submitted with proposal per the limits identified in the sample agreement) WORKER'S COMPENSATION COMMERCIAL GENERAL LIABILITY BUSINESS AUTOMOBILE LIABILITY PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS 1.24. E-VERIFY Should Proposer become the Awarded Proposer for RFP No. 2021-002, by entering into this Contract/Agreement, the Awarded Proposer becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021), and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to 11 termination of this Contract/Agreement, or if a subcontractor/subconsultant knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Contract/Agreement is terminated for a violation of the statute by the Awarded Proposer, the Awarded Proposer may not be awarded a public contract for a period of 1 year after the date of termination. Should Awarded Proposer violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. 1.25. DEVIATIONS Substantial deviations from specifications, proposal format or other requirements of this RFP may result in disqualification of the proposal and will not be considered for evaluation. A. Deviations to PART VII -SAMPLE AGREEMENT Exceptions to the attached Sample agreement are business concerns for the City. Any such deviations should be submitted in the RFP response as detailed in PART V - PROPOSAL RESPONSE FORM. The City is under no obligation to accept any proposed deviations. In the event the parties are unable to negotiate terms acceptable to the City,the City may determine to accept the offer of the second most responsive and responsible Proposer determined by the selection committee, or it may resolicit proposals, at the option of the City. B. Deviations to PART II -STATEMENT OF WORK The City strongly encourages Proposer to meet or exceed the Statement of Work. No variations or exceptions to the Statement of Work by a Proposer will be considered or deemed a part of the RFP submitted unless such deviations are listed in the RFP response as instructed in PART V - PROPOSAL RESPONSE FORM. If deviations are not stated or referenced as stipulated, it will be assumed that the product or service fully complies with the City's Statement of Work. By evaluating a proposal, the City is under no obligation to accept any proposed deviations and all deviations submitted are subject to review and approval by the City. If any Proposer submits deviations that, in the City's sole opinion are substantial and not considered to be equal or better than the stated Statement of Work, the City reserves the right to reject the proposal for further consideration. 1.26. ADDITIONAL INFORMATION The City reserves the right to request that the Proposer provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted Proposal and to more fully meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system, equipment and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the City of Boca Raton Police Department. 12 PART II—STATEMENT OF WORK RFP NO. 2021-002 Broker Services for Casualty & Excess Insurance 2.1. OVERVIEW/ BACKGROUND INFORMATION /WORK OBJECTIVE The City is seeking to contract with a qualified Proposer to provide the City with insurance broker services for various lines of insurance policies as referenced in Part II Table 01. The purpose of this Request for Proposal is for broker selection only. While Proposers are working on this proposal for submission to the City, Proposers shall not contact any carriers or approach any markets for the purpose of preparing proposals to the City. The actual marketing, placement and servicing for each of the various lines of insurance policies shall be conducted by the Awarded Proposer. Proposer shall provide the City expertise and advice for the City's insurance needs. Proposer shall be expected to provide a full range of services, including, but not limited to, marketing and placing the City's casualty insurance coverage, assisting with insurance related issues, and providing insurance coverage recommendations. 2.2. SCOPE OF SERVICES General Requirements: The Awarded Proposer shall provide the professional services necessary to perform the following general requirements as an all inclusive annual service fee. 2.2.1. Types of Insurance Policies: The Awarded Proposer shall be directed by the City's Risk Manager to market, negotiate and recommend carrier(s) selection for City consideration and purchase of the following: a. Excess Insurance including, but not limited to the following coverages: • General Liability, Excess Liability: Sexual Harassment liability and Sexual Abuse liability. • Automobile Liability • Public Officials Miscellaneous Liability: Errors & Omissions, Employment Practice Liability, Sexual Harassment Liability and Sexual Abuse Liability • Workers' Compensation & Employers Liability b. Casualty Insurance including, but not limited to the following coverages: Bond Policy (Treasurer, City Manager and Finance Director), AD&D Police and Fire, EMT Professional Liability, Ocean Marine and/or Ocean Marine Including Tug and Barge, Special Events, Parking Garage Liability Coverage for Special Events, Volunteer Insurance, Railroad Protective Policy, Summer Camps, Parks and Recreation General Liability (Tenants), Parks and Recreation Accident Insurance, Crime Coverage Policy, Cyber Liability, and any other event related coverages the City may require. The City's current list of insurance policies is referenced in Table 01 below. 13 Table 01 - Current Policies Note: The policies currently in place as referenced in table below for the referenced dates of coverage will not be cancelled or interrupted. It is the City's intent to secure new policies when needed and seek renewals following the lapse of coverage under the newly awarded Agreement. In the event additional services are required beyond those outlined herein, the Awarded Proposer will be paid a percentage of the policy premium as proposed in the Part VI Price Proposal. DATES OF NAME OF POLICY COVERAGE POLICY LIMITS Crime 06/01/18 - 06/01/21 $ 1,000,000.00 Bond - Treasurer(Cormac Conahan) 08/01/20 - 08/01/22 $ 100,000.00 Bond - Finance Director(Linda Davidson) 01/11/20 - 01/11/22 $ 100,000.00 Accidental Death & Dismemberment (AD & D) Police & Fire 10/01/20 - 10/01/21 $ 75,000.00 EMT Professional Liability 06/01/20 - 06/01/21 $ 1,000,000.00 Excess Liability-General Liability and Workers' Compensation 10/01/20 - 09/30/21 $ 1,000,000.00 Hull & Pollution 01/15/20 - 01/15/21 value of hull Special Events (not renewed due to Covid-19, to be included as part of Scope of Services for annual service fee) 10/10/19 - 10/10/20 $ 1,000,000.00/$2,000,000.00 Railroad Protective Policy 08/11/20 - 08/11/21 $ 2,000,000.00/$6,000,000.00 Summer Camps 06/06/20 - 06/06/21 $ 1,000,000.00/$2,000,000.00 Parks & Recreation General Liability (Tenants) 08/17/20 -08/17/21 $ 2,000,000.00 Parks & Recreation Accident 06/06/20 - 06/06/21 $ 10,000.00 Cyber Liability 10/01/20 - 09/30/21 $ 1,000,000.00 14 2.2.2. Marketing: The Awarded Proposer shall consult with the City to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers' Compensation and General Liability risk management program. At the direction of the City's Risk Manager or Management Services Director, the Awarded Proposer shall market insurance policies, provide risk analysis, prepare underwriting submissions/specifications, marketing, program design, and carrier selection. The Awarded Proposer shall be actively involved to ensure the proper coverage is addressed for whatever the City may require. The Awarded Proposer shall be expected to consult with and/or update the City on any new insurance coverages that should be considered by the City based on City exposures and risk assessment. The Awarded Proposer shall maintain contact with global insurance markets, which are interested, available, and qualified to provide insurance and loss prevention services to the City. No less than sixty (60) calendar days prior to renewal of coverages, the Awarded Proposer shall meet with the City's Risk Manager and Management Services Director to present a marketing report. The report shall be comprehensive and include at a minimum a current program evaluation, required marketing timetable, ratings of the appropriate markets, broker recommendations, and anticipated rates and premium. The Awarded Proposer shall submit all insurance proposals received and appropriate recommendations for City execution no less than thirty (30) calendar days prior to the policy expiration dates. All submission(s) shall include a matrix of all insurance proposals received which includes an evaluation of coverage, limits and cost. Marketing of any insurance policies shall be recommended, evaluated and approved by the City's Financial Services Director or Management Services Director. 2.2.3. Risk Management Policy Development: The Awarded Proposer shall support the City's efforts in developing Risk Management policies. This includes but is not limited to; presentation of industry standard practices; assistance in development of policies that support the goals of the City toward use of local resources; and assist in presentations to policy and decision making authorities. Awarded Proposer shall inform the City of applicable Federal and State compliance legislation, legislative trends and issues, and necessary governmental filings. 2.2.4. Risk Assessment: The Awarded Proposer shall assist in the identification, evaluation, and support of risk exposures for the City and aid in the determination of the level of the appropriate risk retention for the City. Awarded Proposer shall recommend proper limits and coverages for risk and exposure common to the City and similar size cities. 2.2.5. Risk Financing: The Awarded Proposer shall provide the City with comprehensive information on market conditions and trends and assist the City with estimated renewal quotes for financial planning and budgeting in coordination with the City's annual budget process period. 2.2.6. Loss Management: Awarded Proposer will assist the City in management of information regarding losses. Awarded Proposer shall provide expert assistance in the settlement of major claims and losses and assist the City in periodic evaluation of claims handling and administration, and reserves for self- insured retentions. Awarded Proposer shall provide input to the City and make recommendations regarding major losses incurred by the City during the previous and current policy periods. 2.2.7. Loss Development Awarded Proposer shall support the City with resources for trending, forecasting, and premium calculation and allocation in cooperation with actuarial services used by the City. 2.2.8. Indemnification/Hold Harmless Clause: The Awarded Proposer shall advise and provide recommendations for indemnification/hold harmless clause provisions referenced in 15 contracts/agreements that effect the City for the purpose of adequately wording to protect the interests of the City. 2.2.9. Policy and Insurance Language: The Awarded Proposer shall assist City in the development and adequacy of insurance and liability specifications, bonds, and other risk management concerns for bids, request for proposals, contracts, leases and other agreements as required. The Awarded Proposer shall provide a thorough review with assistance and recommendations on certificates of insurance, binders and endorsements on an as needed basis to ensure compliance with City requirements and as referenced in contracts/agreements that effect the City. The Awarded Proposer shall provide expertise in the verification, interpretation, and preparation of manuscript insurance policy forms and endorsements. This includes policy language, accuracy, form, compliance, application of risk, and the City's intended needs as specified. 2.2.10. Annual Report: The Awarded Proposer is responsible for producing an annual report within forty five (45) calendar days of the end of the fiscal year for the City. The end of the fiscal year is September 30th. This report is to include: a schedule of policies in force, premiums, losses, commissions and fees earned or waived, developments and trends in the markets for these coverages and proposals in the City's coverages. The Awarded Proposer shall submit the Annual report in an excel format to the City. 2.2.11. Use of City Owned Property: The Awarded Proposer shall comment and recommend coverage requirements for third parties requesting use of City owned property on an as needed basis. The aforementioned may occur with Special Event policies. 2.2.12. Excess Insurance: The Awarded Proposer will consult with the City to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers' Compensation and General Liability Risk Management program. The Awarded Proposer will design specifications and create a submission for underwriter review for Excess Workers' Compensation, General Liability and Miscellaneous Liabilities as defined by the City and obtain City's approval on marketing submission and markets being approached. The Awarded Proposer shall have knowledge of package programs for Excess insurance that may provide coverage for multiple lines of insurance. The Awarded Proposer will review and analyze Excess coverage forms for inclusion and exclusion language and conditions. The Broker will provide alternatives for both occurrence and claims made coverage forms on the Excess policy during each renewal period. The Awarded Proposer shall suggest alternative risk financing vehicles to reduce the total cost of risk to the City. 2.2.13. Miscellaneous: The Awarded Proposer shall: 1) Provide the City with reports at appropriate policy intervals to include at a minimum loss reports, insurance market trends and outlook, and risk retention recommendations and philosophy. 2) Attend meetings as requested and as deemed necessary by the Risk Management division. Coordinate and arrange meetings when requested, between City and insurance company underwriter(s). 3) For certain policies, such as "Excess Insurance", the Awarded Proposer shall be required to meet on City premises to provide presentations. 4) For other policies, the City encourages and prefers the Awarded Proposer to meet on City property in person from time to time for meetings and/or presentations, however if such is not possible, the Awarded Proposer may have the option of conducting such services via phone conference and/or go to meetings. 5) Provide an account executive and team assigned to the City to accommodate and provide consultation services as needed. 6) The following is encouraged for all types of insurance, but shall be required for Excess Insurance: Except with prior written approval by the City, insurance secured by the Awarded 16 Proposer on behalf of the City shall meet or exceed the minimum financial guidelines or a rating of not less than A- as assigned by A.M. Best. 7) The City reserves the right to maintain existing casualty insurance policies that were issued prior to the effective date of this agreement for dates of coverage that are in effect after the effective date of this agreement. 2.2.14. Proposer's Primary Account Executive assigned to be the agent for the City possess the following current and valid licenses: • The Florida General Lines Insurance Agent License • Surplus Lines Agent License. 2.3. BINDING POLICY Following the City's acceptance of an insurance proposal, the Awarded Proposer shall provide the City with a policy premium to be bound and signed by the City Manager. 2.4. BILLING/PAYMENT The City will make payment for policy premiums, exclusive of the Awarded Proposer's all inclusive annual service fee, directly to the insurance carrier or the Awarded Proposer. The policy premium shall be a direct pass through from the insurance agent with no brokerage fees included. Following the binding of the policy coverage, the City's payment terms are Net 30 days. Invoices must be submitted against each individual purchase order. The Awarded Proposer's all inclusive annual service fee will be prorated into four quarterly installments at the City's option. 2.5. RESERVATIONS City reserves the right, but not obligation, to request the Awarded Proposer to service, underwrite, market and place coverage on both existing or new insurance program(s) or coverage(s) provided it is in the City's best interest to do so. City reserves the right to accept, amend or reject proposal(s) for new or existing coverages made by the Awarded Proposer. City reserves the right to negotiate directly with certain markets not normally available to agents or brokers. City reserves the right to procure additional lines of coverage in accordance with procurement code procedures and operations in lieu of utilizing Awarded Proposer. 2.6. POLICY COVERAGE TERM In the event the Agreement expires, is terminated or not renewed, the City reserves the right to elect the following: a. Keep coverage term in effect for policies entered into prior to expiration, termination or non- renewal of Agreement. 17 b. Release all insurer(s) and/or intermediary(s) to City, as well as to City's newly designated service brokerage firm(s), to service, underwrite, market and place any existing or new insurance program(s). c. Assign a new broker and issue a new broker of record letter. The Broker agrees to release the markets and waive any waiting period to service, underwrite, market and place any existing or new insurance program(s). 2.7. CASUALTY AND EXCESS INSURANCE CITY CONTACT PERSON Awarded Proposer shall correspond with the City Risk Manager or designee. Stanley Moy, Risk Manager City of Boca Raton Risk Management Division 201 W. Palmetto Park Road Boca Raton, FL 33432 Office: 561-393-7970 Email: smoy@myboca.us 2.8. CONTRACT PERIOD AND RENEWAL The term of the agreement will be three (3) years with the option to renew for three (3) additional one year periods. 18 PART III — EVALUATION OF PROPOSALS RFP 2021-002 Broker Services for Casualty and Excess Insurance EVALUATION METHOD AND CRITERIA The City's selection committee will evaluate proposals and will select the Proposer which meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. Failure to meet the minimum qualification requirements in conjunction with item 1.7 shall result in the RFP not being considered for evaluation. The following criteria shall be utilized in the evaluation of the proposals: 3.1. GENERAL OVERVIEW The purpose of the Evaluation Process is to judge the Proposals submitted in response to the Request for Proposal to establish the#1 Proposer. Each proposal will be evaluated by each Selection Committee member using the procedures outlined herein. The City reserves the right to request clarification from the Proposer(s) during the evaluation phases. When presentations are utilized, the format will be determined by the selection committee, which may include an on-site presentation, conference phone call, web-meeting, demonstration and / or site visit. 3.2. EVALUATION PROCESS The Evaluation of Proposals will occur in one or two Phases as detailed below. 3.2.1. Phase I The committee evaluates and scores proposals to establish the "shortlisted" firms that will advance to Phase II of the selection process. Each voting Selection Committee member shall evaluate and award points in accordance with the Evaluation Criteria specified for each of the Categories based on the RFP response. The points awarded for each Category will be totaled, ranked and tabulated as described in Paragraph 3-3 to determine the ranking order of the Proposers. A minimum of two firms will be short listed based on the ranking order (highest ranked firms). In the event there are less than two (2) responsive proposals, the committee will give further consideration to the sole proposal received. Based on the number of proposals received, the evaluation committee may elect that all Proposers participate in the Phase ll evaluation process and not utilize the Phase I evaluation process. The City reserves the right to obtain best and final offers from each of the Proposers after submission and prior to award. 3.2.2. Phase II The Proposers identified by the selection committee as being short-listed are invited to participate in Phase II as a short listed firm. Each short listed firm is in equal standing at the beginning of the Phase II Evaluation. Each short listed firm may be required to provide a presentation for the Selection Committee. These presentations will provide the opportunity for the selection committee to further assess the qualifications of the firm and their understanding of the scope of services, approach and performance. 19 Each Selection Committee member shall re-evaluate and re-award points in accordance with the Evaluation Criteria specified for each of the Categories based on the RFP response, any presentation and reference checks. The points awarded for each Category will be totaled, ranked and tabulated as described in Item 3.3 to determine the #1 Proposer. 3.3. POINTS AND RANKING SYSTEM UTILIZED FOR PHASE I AND II EVALUATION: Each Committee member will award points according to the Selection Criteria described in each Category for the Phase I and II evaluation processes. The points indicated as Points Possible are the maximum that may be awarded for each Category. The points awarded for each Category will be totaled to achieve the Total Points awarded to each Proposer. The Proposer with the greatest cumulative of Total Points for the applicable phase will be ranked 1, the next greatest total ranked 2, etc. A 1 ranking is one point; a 2 ranking is two points, etc. The individual ranking points from each committee member will be tabulated to arrive at the overall committee ranking. The Proposer with the lowest total of ranking points will be the # 1 ranked Proposer, the next lowest will be # 2, etc. The committee tabulation of the ranking points shall be the basis for determining the ranking order of the Proposers. 3.4. TIE PROPOSALS Whenever a tie occurs for the top ranking position after the Phase 2 evaluation, a Best and Final Offer will be requested from the top ranked Proposers. The selection committee will rescore using the method described in 3.3. 3.5. SOLE PROPOSAL In the event there is a sole Proposer, selection committee shall evaluate the sole response, and provide a written determination that the proposal meets the needs of the City and such Proposer is recommended for award. 3.6. EVALUATION CRITERIA Summarized below is the Evaluation Criteria for Phase I: PHASE I EVALUATION CATEGORIES POINTS POSSIBLE Service Fees (Part VI) 20 Qualifications and Experience (Part V, Section 5.3, 5.4, 5.5) 30 Understanding of Scope of Services, Approach and Technical Compliance 30 (Part V, Section 5.6, 5.7) Organizational Structure, Business Operations and Performance Standards 20 (Part V, Section 5.8, 5.9) Total Points Possible for Phase I 100 Summarized below is the Evaluation Criteria for Phase II: PHASE II EVALUATION CATEGORIES POINTS POSSIBLE 20 Service Fees (Part VI) 20 Qualifications and Experience (Part V, Section 5.3, 5.4, 5.5) 30 Understanding of Scope of Services, Approach and Technical Compliance 30 (Part V, Section 5.6, 5.7) Organizational Structure, Business Operations and Performance Standards 20 (Part V, Section 5.8, 5.9) Total Points Possible for Phase II 100 21 PART IV— INSTRUCTIONS FOR PREPARING PROPOSALS RFP 2021-002 Broker Services for Casualty and Excess Insurance 4.1. PROPOSAL INSTRUCTIONS In preparing your proposal, Proposer should assume that the City has no previous knowledge of their product, services or capabilities. Each proposal response form is to be completed, printed and submitted to the City in the format listed below. Proposers are cautioned to carefully review their submittal to assure that a complete and comprehensive answer has been provided for each of the form fill fields. Your response, as provided in these forms will be read and evaluated by the evaluation committee. Proposers are to carefully check their price proposal verifying that all items have a price provided and to check math extensions and totals. The pricing submitted will be used in the evaluation and scoring of the proposal. Negotiations regarding price are NOT allowed as part of the RFP evaluation and ranking process. The Proposer is to utilize each of the forms provided in the electronic bidding system for completion and submission with the RFP response and follow the format identified herein. Poor formatting, poor documentation, and/or incomplete or unclear information may adversely impact the evaluation of a Proposal. 4.2. ELECTRONIC FORMS FOR SUBMISSION OF PROPOSAL Watermarked forms have been provided that replicate the form fill documents available in the electronic bidding system. The file names for these form fill documents are listed below and are to be obtained in the electronic bidding system under"Bid Attachments" of RFP 2021-002 Broker Services for Casualty and Excess Insurance at http://www.myboca.us/759/Supplier-Login. File names of electronic forms to be completed and submitted by Proposer: a. 2021-002 PART V— PROPOSAL RESPONSE FORM b. 2021-002 PART VI — PRICE PROPOSAL FORM 4.3. PROPOSAL FORMAT AND ATTACHMENTS Proposal to be tabbed using the following headers: Tab A PART V— PROPOSAL RESPONSE FORM Electronic response form filled out. Tab B Attachments for PART V— PROPOSAL RESPONSE FORM Top of each page to be labeled and identify which question the attachment is being provided for, for example, list the Question Number as provided in Part V, "5.3.1, Item A". Order of attachments to follow same order as listed in PART V— PROPOSAL RESPONSE FORM Tab C PART VI — PRICE PROPOSAL FORM Tab D RFP Forms (Part V, item 5.12) For electronic submittals: Tab A, Tab B, Tab C and Tab D are to be combined as a single pdf document. Use of Bookmarks in Adobe is highly desired for identifying each Tab. Proposal to include a Table of Contents using the Tab format indicated above. 22 Instructions for attachments Proposal questions that allow for an attachment to be submitted shall be included in Tab B. Each attachment is to be labeled and placed in the same order as listed in the Proposal Response Form. Proposers are responsible for verifying that all attachments are included in their submission for each item checked ® confirming that the reply is by use of an attachment. Proposer to submit the number of RFP copies as directed in PART I — GENERAL INFORMATION the RFP unless submitting an electronic response. At the Proposers option, a redacted version may also be submitted (refer to Section 1.4). 4.4. FORMS REQUIRING SIGNATURES The following forms are to be manually signed: • Proposer Acknowledgement Form • Drug Free Form • Proposal Checklist form • Price Proposal Form • Proposer Certification Regarding Scrutinized Companies 23 PART V—PROPOSAL RESPONSE FORM RFP 2021-002 Broker Services for Casualty and Excess Insurance 5.1. DECLARATION OF FIRM Proposer as identified on Proposer Acknowledgement Form firm as identified herein will be considered the primary firm. If more than one firm is named; a legal document showing the partnership, joint venture, corporation, etc. shall be submitted showing the legality of such. Submittal for Joint Venture to include executed Joint Venture agreement and if state law requires that the Joint Venture be registered, filed,funded, or licensed prior to submission of the proposal, then same shall be completed prior to submittal. Proposers shall make their own independent evaluation of the requirements of the state law. The City will not consider submittals that identify a joint partnership to be formed. The primary firm identified herein will be responsible for final negotiations and receipt of payments from the City of Boca Raton. Please complete the following: A. Name of Firm If the "Name of Firm" above references more than one firm, indicate if Partnership, Joint Venture or Other Type? Is Attachment provided showing the legality of such? Address City, State, Zip Code Telephone Number Email Company Website B. Name of Persons or entities interested in the proposal as principals C. Declaration that proposal submission is made without collusion with any other person or entity submitting a proposal pursuant to this RFP D. Identify/detail names of persons authorized to make representations for the Proposer including the titles, addresses, telephone, and email addresses of such persons in the spaces provided below: FIRMS AUTHORIZED REPRESENTATIVE(S) Name Title Telephone Number Email Address or submitted as Attachment❑ 5.2. ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. DATE ISSUED 1 2 3 4 5. 6. 7. 24 Proposer acknowledges that the proposal response is being submitted in accordance with the above referenced addendums.Proposer to submit signed version of each addendum with their submittal.Addendums submitted as Attachment❑ Proposer shall obtain addendum information by logging in to the electronic bidding system at http://www.myboca.us/759/Supplier-Loqin to access each addendum document. 5.3. QUALIFICATIONS AND EXPERIENCE OF THE FIRM AND STAFF The Proposer shall submit satisfactory evidence that it has had previous experience and possess adequate financial resources and organization capacity to perform the type, magnitude and quality of work as specified herein 5.3.1. Minimum Qualification Requirements Proposer shall meet or exceed the below noted minimum requirements. Any Proposer not meeting the minimum qualification requirements, or not clearly demonstrating that they meet the minimum qualification requirements in conjunction with item 1.9 of Part 1 shall not be considered for evaluation by the Selection Committee. Notice of such will be provided to each Proposer not meeting the minimum qualification requirements. A. As a minimum qualification requirement, the City requires that the Proposer's Primary Account Executive assigned to be the agent for the City possess the following current and valid: • The Florida General Lines Insurance Agent License • Surplus Lines Agent License. Proposer to submit a copy of each of the above licenses for the Primary Account Executive with Proposer's proposal response. Complete information below, confirming your submission of a copy of each type of license Name of Agent Confirm License Attached — Florida Confirm License Attached— General Lines Surplus Lines Agent B. As a minimum qualification requirement, the City requires that the Firm name identified on the Proposer Acknowledge Form has been in business for a minimum of five (5) years in the State of Florida. Evidence of a minimum of five (5) years shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's Firm. Number of Years in business in the State of Florida: Confirm evidence of years is attached: 5.3.2. Qualifications and Experience of Firm: The proposer shall submit satisfactory evidence that their firm name referenced on the "Proposer Acknowledge Form" has had previous experience and possess adequate financial resources and organization capacity to perform the type, magnitude and quality of work as specified herein. 1. Provide details on the qualifications/experience of the firm where applicable while addressing the following: a. Description of the major functions and responsibilities of the firm. Submitted as Attachment ❑ or Type/Provide Response here: 25 b. Size of firm: Type/Provide Response here: c. Range and types of broker services offered Submitted as Attachment ❑ or Type/Provide Response here: d. Stability, track records and knowledge in providing broker services Submitted as Attachment ❑ or Type/Provide Response here: 2. Proposer to provide "Mission Statement" of firm (if applicable). Submitted as Attachment ❑ or Type/Provide Response here: 3. Provide a statement as to how the firm's experience will be directly beneficial to the City for providing broker services. Submitted as Attachment n or Type/Provide Response here: 4. Certifications/Awards/Memberships in the name of the Firm: Submitted as Attachment ❑ or Type/Provide Response here: 5. Please detail your experience,for third parties requesting use of City owned property for the purpose of putting on a Special Event such as a carnival, fireworks display event, and arts and education performances as it relates to special event policies. Submitted as Attachment n or Type/Provide Response here: 6. What is your experience and knowledge with package programs for Casualty/Excess Insurance that may provide coverage for multiple lines of insurance? Submitted as Attachment ❑ or Type/Provide Response here: 7. Explain your experience and knowledge with assisting your clients with recommendations for indemnification/hold harmless clause provisions as well as advice and development of insurance/liability specifications and other risk management concerns. Reference any analysis tools or software you would use for this purpose. Submitted as Attachment [ or Type/Provide Response here: 8. Does your firm have an active membership in the Public Risk Insurance Association (PRIMA) and/or Risk Insurance Management Society (RIMS)? Submitted as Attachment ❑ or Type/Provide Response here: 9. Provide the number of Professional and Academic Designations of your agency. CPCU ARM CPA OTHER 26 5.3.3. References Proposer is responsible for verifying correct contact information. Failure to provide accurate data may result in the reference not being considered, which includes the provision of contact person(s) that do not have knowledge of the services provided by your firm. Failure to submit references may result in the RFP not being considered for evaluation. City may request a more detailed list, including other governmental agencies. The City reserves the right to request or contact additional or different references from the provided customer list for consideration, including past experience with the City of Boca Raton. Proposer to identify a minimum of five (5) references that show Proposer provides or has provided broker services to the client for a variety of policies and policy limits that are similar to the City within the past five years. For each reference, Proposer to list as many policies as possible that are similar or same to those referenced in Part II, Table 01 Government clients similar in size to the City and with similar insurance requirements are preferred. Additional references may be submitted as an attachment to show depth of similar experience. PROPOSER IS RESPONSIBLE FOR VERIFYING THAT ALL CONTACT INFORMATION IS UP TO DATE AND ACCURATE. 1 — 5 . Company/Entity Name: Address: City, State, Zip: Project Manager of Company/Entity: Title: Phone No.: Email Address: Start and End date for providing Broker services: Start Date End Date: Proposer to identify each policy brokered to the named reference. Confirm if Policies referenced in Part II Table 01 Provided to named Reference (X) Casualty Insurance with "xxx" Policy coverage: Crime Bond Policy Coverage _ Accidental Death & Dismemberment (AD & D) Police & Fire EMT Professional Liability _ Excess Liability-General Liability and Worker's Compensation Hull & Pollution Special Events Railroad Protective Policy Summer Camps Parks & Recreation General Liability (Tenants) Parks & Recreation Accident Cyber Liability 27 Summary of Broker Services provided: 5.3.4. Firm's Government Client List Provide a complete list of customers that are not confidential. Proposer may use City Form or provide Attachment. Provide a listing of all Accounts listed as Current or Past during the past three years. The City reserves the right to use this list as a source of additional contact information. Submitted as Attachment❑ or Type/Provide Response here: Name of Government Entity Current Account (Y/N) Past Account (YIN) 5.3.5. Qualifications and Experience of Individuals assigned to City Project/Scope of Work 1. In the table below, Proposer is to identify all Primary Account Executive and team member(s) within their firm that the City will be working with for services in this RFP. Does this Specialty If applicable, Employee Training and indicate if Employee Name and have CU Years of Years Type of Service this Employee any expertise in Title Certification? Experience w/Firm will provide Certifications securing excess obtained insurance (Primary Account Executive for (Alternate Account Executive for 28 2. Proposer to provide the resume of the primary account executive and alternate account executive assigned to the City account. Submitted as Attachment ❑ 3. For the primary account executive that is being proposed for the City's account, include a list of current government accounts being managed and any other similar private accounts. Include the nature of service provided on this list. Submitted as Attachment❑ or Type/Provide Response here: (include employee name and title) 5.4. Qualifications and Experience of Outside Firms (Subcontractors/Subconsultants) Identify if any subcontractors will be used for performance of services and the benefit of using the subcontractor. If the Proposer intends to use the services of any other specialty firms, their role shall be clearly identified in this section. Outside Firms and/or their staff may only be changed with the express prior written permission of the City of Boca Raton. The City of Boca Raton retains the right to approve or reject replacements. The submission should include: 5.4.1. Details on the qualifications of the individual(s) A. Submit resumes, certificates, etc. for the outside firms that are proposed to perform the work for this RFP, including relevant college, graduate or professional training courses, summary of professional experience and experience in similar work. Submitted as Attachment and labeled as 5.4.1. ❑ or Proposer to identify that no outside firms/subcontractors will be used, B. Summation of individuals submitted in item 5.4.1, A Title/Role in City Project Name of Firm Years of Office Locatior Name Experience C. Sub-Consultant Firm Summary 29 Firm Name(sub-consultant) Brief statement as to the need for an. Brief Summary of any Past Projects Prima benefits that the sub consultant will Firm has completed with the Sub- provide Consultant Submitted as Attachment and labeled as 5.4.1 C ❑ or Type/Provide Response above 5.5. Firm History 5.5.1. Proposer's Financial Stability Submit proof of the financial stability of the Proposer and/or provide audited financial statements to substantiate the financial stability of the Proposer. If a financial stability statement is provided, Proposer to also include the name, address, and telephone number of a contact in the company's principal financing or bank organization who can attest to the financial responsibility of the Proposer. Submitted as Attachment and labeled as 5.5.1 ❑ or Response provided as: 5.5.2. Litigation A. Provide a summary of any litigation filed against the Proposer in the past seven years which is related to the services that Proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case,the outcome or projected outcome, and the monetary amount involved. If none, state as such. Submitted as Attachment and labeled as 5.5.2 A❑ or Type/Provide Response here: B. Provide a summary of any litigation filed against the sub consultants identified as part of the team in the past seven years which is related to the services that sub consultant provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. If none, state as such. Submitted as Attachment and labeled as 5.5.2 B ❑ or Type/Provide Response here: 5.5.3. Contract Termination Provide a summary of any contracts (term contracts and single project)that the Owner provided notice of cancellation to your firm, with or without cause in the past seven years. The summary shall state the name of the Owner, summary of the contract, term of the contract and reason for cancellation. If none, state as such. Submitted as Attachment and labeled as 5.5.3 ❑ or Type/Provide Response here: 5.6. SCOPE OF SERVICES/TECHNICAL REQUIREMENTS: This section of the Proposal Response Form should explain the scope of services/technical requirements as understood by the Proposer and detail the approach, activities and work services. This section should demonstrate that the Proposer has knowledge of the City's scope of services/technical requirements as provided in PART II —STATEMENT OF WORK. 5.6.1. Approach 30 5.6.1.1. Explain the firm's approach to delivering the scope of services as detailed in Part II, with reference to items 2.2.2 — 2.2.13 Include in the response the number of hours the Proposer estimates will be spent on the major lines of coverage: Excess General Liability and Worker's Compensation, EMT Professional Liability and Cyber Liability. Type/Provide Response here for approach: Type/Provide Response here for estimated hours for Excess General Liability & Workers' Compensation: Type/Provide Response here for estimated hours for EMT Professional Liability: Type/Provide Response here for estimated hours for Cyber Liability: 5.6.1.2. Describe how your organization is best suited to provide broker services for the City of Boca Raton; how would you differentiate your organization from others in the industry? Type/Provide Response here: 5.6.1.3. Provide examples of strategies and techniques you would use for the City to measure and ensure client satisfaction? Type/Provide Response here: 5.6.2. Statement of Work Compliance Checklist For each item referenced in the Compliance Checklist below, Proposer is to confirm Service Broker can provide service as stated in Scope of Services. If not, indicate with "X"as a deviation. For deviations, provide supporting documentation . Cross Deviation Reference Confirm with from 2.2 can Supporting Ref Scope of provide Attachment No. Item Description Services (X) Provided (X) 1 Marketing 2.2.2 2 Risk Management and Assessment 2.2.3 3 Loss Management 2.2.4 4 Indemnification/Hold Harmless Clause 2.2.5 5 Policy and Insurance Language 2.2.6 6 Use of City Owned Property 2.2.7 7 Excess Insurance 2.2.8 8 Conference meetings 2.2.9.1 9 Account Executive & Team 2.2.9.2 10 Meet or exceed A- rating (required for Excess) 2.2.9.3 Detail any additional services provided at no additional fee that will be included in the Scope of Services for the City that are relevant to a strong insurance/ risk mitigation program: Type/Provide Response here: 31 5.7. DEVIATIONS TO THE SAMPLE AGREEMENT Indicate any minor exceptions to the Sample Contract/Agreement. The sample agreement is the City's normal terms and conditions, and deviations are discouraged. Exceptions to the attached Sample Contract/Agreement are business concerns for the City. If your company takes exception to any clause in the sample Contract/Agreement please identify what that exception(s) is/are and how your firm suggests phrasing that clause(s). Depending upon the degree of the exception(s) to the City language, there may be an adverse impact to the evaluation of your proposal. Any deviations to the insurance requirements are to be included in this section. No exceptions taken❑ or Type/Provide Response here: 5.8. ORGANIZATIONAL STRUCTURE FOR PROVIDING THE SERVICES A. Organizational Chart Provide a general organizational chart detailing the Proposers organizational structure. Chart to detail how your firm is structured. At a minimum, Chart/Outline to identify : • names of key individuals identified in item 5.3.5 above • Lines of reporting/communication • name of firm individual is employed by Submitted as Attachment and labeled as 5.8 A❑ or Response provided as: 5.9. BUSINESS OPERATIONS AND PERFORMANCE STANDARDS A. Quality Assurance/Business Operations 1. Indicate what reporting data your firm will include when preparing at-loss reports, insurance market trends and outlook, and risk retention recommendations. Submitted as Attachment❑ or Type/Provide Response here: 2. What is the client mix of the primary servicing office? Governmental % Private Sector B. Response Times and Commitment to Schedules 1. What types of technology, techniques and/or methods will be used by your firm to track policies so you can ensure that your firm is proactively addressing coverage on a consistent basis? Submitted as Attachment❑ or Type/Provide Response here: 2. Identify the response time and preferred methods for communication for pre, during and post dates of policy coverage. 32 Submitted as Attachment❑ or Type/Provide Response here: 3. Indicate all Essential Staff Contact information, Sunday through Saturday, and days and hours they can be contacted by City staff. Identify if cell phone numbers will be provided to the Risk Management Division. Contact Name and Title Email Direct Business Cell Phone No. Days and Hours Can be Contacted Address Phone will be provided? Y/N Primary Account Executive and First Point of Contact: Alternate: 4. Indicate your turn-around time for phone calls and emails from City staff? Type/Provide Response here: 5. Identify office location where Primary executive and team/agents assigned to the City's account are staffed from. Submitted as Attachment ❑ or Type/Provide Response here: 6. What training and educational opportunities does your key staff regularly attend to stay current on trends and industry changes. Submitted as Attachment❑ or Type/Provide Response here: 5.10. ADDITIONAL DATA A. Any additional information which the Proposer considers pertinent for consideration should be included in this section of the proposal. Type/Provide Response here: or Submitted as Attachment and labeled as 5.10 ❑ 5.11. CONFIDENTIAL DOCUMENTS In accordance with item 1.4, Proposer may elect to submit a redacted version of their RFP response. Redacted version constitutes exact same proposal submitted with confidential sections of proposal shaded or grayed out for public viewing as further detailed in 1.4. Redacted Version Submitted with Summary Sheet? Yes ❑ No❑ 33 5.12. RFP FORMS (Submitted in Tab D of RFP Response) A. RFP Checklist Submitted as Attachment and labeled as 5.12 A n B. Proposer Acknowledgement Form: Proposer to notarize, complete and submit City Provided Form. City provided Proposer Acknowledgement Form notarized, submitted and labeled as 5.12 B n C. Drug Free Form City provided Proposer Acknowledgement Form submitted and labeled as 5.12 C D. Vendor Certification Regarding Scrutinized Companies Lists Submitted as Attachment and labeled as 5.12 D E. Corporate Status: If Proposer is a corporation, provide certification from the applicable State verifying Proposer's corporate status and good standing. Submitted as Attachment and labeled as 5.12 E❑ F. Business Tax Receipt: Proposer is to submit a copy or proof of Business Tax Receipt (Formerly Known as Occupational License) from Entity where business is located, if applicable in City, State, County. Submitted as Attachment and labeled as 5.12 F _ or Type/Provide Response here if not applicable for your City/County: G. Sole Proprietor or Partner: In the case of sole proprietorship or partnership, detail all owners or partners. If not applicable, state as such. Submitted as Attachment and labeled as 5.12 G n or Type/Provide Response here: H. Sample Insurance Certificates Provide proof of ability to obtain the levels of insurance as referenced in PART VII - SAMPLE AGREEMENT in areas of Commercial General Liability, Workers' Compensation, Business Auto and Professional Liability as identified in the RFP. Submitted as Attachment and labeled as 5.12 H I. Applicable Licenses to Provide Services in State of Florida Submitted as Attachment and labeled as 5.12 I U / Not Applicable n 34 J. State of Florida Professional Licenses for the Outside Firms / Subconsultants Submitted as Attachment and labeled as 5.12 J K. Signed City Addendums (as applicable) Submitted as Attachment and labeled as 5.12 K L. Electronic Submittal —Validation of Company Name in Electronic Bidding System Any Proposer submitting an electronic RFP response: Proposer confirms that their Company Profile matches the Federal ID Number and name of Proposer as submitted in your uploaded RFP response and Proposer Acknowledgement Form. By clicking on the RESPONSE SUBMISSION tab in the electronic bidding system, Proposer can review their profile name. Company Profile may be updated by going to MY Profile. n Confirmed, validation of Company Name in Electronic Bidding System matches Proposer Acknowledgement Form 35 5.12. A PROPOSAL CHECKLIST RFP 2021-002 Broker Services for Casualty and Excess Insurance (to be submitted with RFP response) Proposers Checklist All proposals should be tabbed and submitted in the format identified in the Instructions for Preparing Proposals. Failure to submit the identified information in the format identified below may cause the proposal to be rejected as non responsive. The checklist form is provided as a guide for the Proposer to assist in the submission of the RFP in accordance with the submittal instructions. Proposer is responsible for carefully reviewing the requirements to assure that the necessary documents are responded to and provided. Tab: ❑ A. PART V— PROPOSAL RESPONSE FORM, including Minimum Qualifications ❑ B. Attachments for PART V — PROPOSAL RESPONSE FORM (labeled) ❑ C. PART VI — PRICE PROPOSAL FORM ❑ D. 5.12 RFP Forms ❑ Number of copies to be submitted are as stated in Item 1.3 of the RFP. n The following forms have been manually signed: • Proposer Acknowledgement Form • Drug Free Form • Proposal Checklist form • Price Proposal Form • Proposer Certification Regarding Scrutinized Companies Name of Proposer: / Signature: 36 5.12. B PROPOSER ACKNOWLEDGMENT FORM RFP 2021-002 Broker Services for Casualty and Excess Insurance This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the RFP package on the specified RFP opening date. The undersigned Proposer certifies that this Proposal package is submitted in accordance with the specifications in its entirety and with full understanding of the conditions governing this Proposal. Proposer must submit proof that their firm name as"Individual","Partner"or"Corporation"is registered with their State of origin. ACKNOWLEDGEMENT IF REDACTED VERSION OF RFP WAS ELECTED TO BE SUBMITTED: YES ❑ NO❑ (No, Not submitted) Name of Proposer: (Firm Name as Registered with their State of origin) Federal I.D. No.: Above Proposer is: LE )Corporation (_❑ )Limited Liability Corporation L❑ )Sole Proprietorship L❑ ) Partnership/Joint Venture Business Address: Street Address : (P.O. Box Address is not permitted) City,State,Zip: Mailing Address: L❑ ) check if same as Business Address above Street Address: City,State,Zip: Business Phone No: Authorized Signer: Name of Authorized Signer: Title of Authorized Signer: President or other Authorized Officer/Member/Manager Email for Authorized Signer: Authorized Written Signature: Notary: STATE OF: COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20 , by , who is personally known to me (or who has produced as identification). NOTARY PUBLIC SIGNATURE: NOTARY NAME: Commission Number: My Commission Expires: 37 5.12. C RFP No. 2021-002 Broker Services for Casualty and Excess Insurance DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 1. Publish 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. Inform employees about the dangers of drug abuse in the workplace,the business's 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. Give 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), notify 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 nolo contendere to, any violation of Chapter 893 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. Impose 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 by, any employee who is so convicted. 6. Make 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. Proposer's Signature Date 38 5.12. D RFP No. 2021-002 Broker Services for Casualty and Excess Insurance Proposer Certification Regarding Scrutinized Companies Proposer Name: Proposer FEIN: / Proposer's Authorized Representative Name and Title Address: City: State: Zip: Telephone Number: Email Address: Proposer acknowledges that Section 287.135, Florida Statutes, prohibits the City from contracting for goods or services of any amount with companies that are on the Scrutinized Companies that Boycott Israel List(contained in Section 215.4725, Florida Statutes) or are engaged in a boycott of Israel. As the person authorized to sign on behalf of the Proposer, I hereby certify that the Proposer is not on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. On behalf of Proposer, I acknowledge and understand that, pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the Proposer to civil penalties, attorney's fees, and/or costs, and other damages or relief, as allowed by law. I further understand that the City may terminate an agreement if the City determines that the Proposer submitted a false certification. *Signature of Authorized Representative *Name and Title of Authorized Representative *This individual must have the authority to bind the Proposer. 39 STATEMENT OF NO RESPONSE RFP NO. 2021-002 Broker Services for Casualty and Excess Insurance NO BID RESPONSE MAY ALSO BE SUBMITTED ELECTRONICALLY FOR REGISTERED BIDDERS If you are not proposing on this service/commodity, please complete and return this form to: City of Boca Raton Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, Florida 33432. Failure to respond may result in deletion of your firm's name from the vendor database for the City of Boca Raton. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to submit a proposal on the above because of the following reasons: ❑ We do not offer this product, service or an equivalent n Our schedule would not permit us to perform Unable to meet requirements of RFP ❑ Other (specify below) REMARKS: 40 PART VI— PRICE PROPOSAL FORM RFP 2021-002 Broker Services for Casualty and Excess Insurance Part I: Proposer shall propose an all inclusive annual service fee for all services identified in Request for Proposal 2021-002, including all policies listed in Table 01. The all inclusive annual service fee shall include any costs for travel, lodging and any other miscellaneous expenses. The all inclusive annual service fee paid to the Awarded Proposer is to be the only remuneration accepted by the Awarded Proposer for service fees in relation to the Agreement. $ Annual all inclusive service fee (annual rate applies to year 1, 2 and 3) Part II: For renewal years (Year 4 and thereafter contingent on renewal): Annual escalation fees shall be tied to a CPI Index, that is capped at 5%. Any year the CPI index is in excess of 5%, the annual increase shall not exceed 5%. Any deviation to the renewal language as fully detailed in the Agreement to be detailed below. Renewal language accepted Renewal language deviation proposed: Part III: For any new policy placements beyond the City's current insurance policies (policies listed in Table 01), fees shall be expressed as a percentage (%) of premium. Percentage (%) of premium Part IV: As detailed in the Agreement, in the event Awarded Proposer is called on to provide expert advice and/or expert witness testimony in any court or administrative proceeding arising from or related to the Awarded Proposer provided services under this agreement, Awarded Proposer shall provide those services at the hourly rates set out above. Proposer to provide their hourly rate for expert witness testimony $ /hour Part V: To ensure absolute transparency in terms of all forms of income Awarded Proposer would receive to ensure all costs are identified, Awarded Proposer shall identify any additional anticipated monetary sources that would be received for placing the insurance lines in this RFP. This would include all possible sources of compensation, including, but not limited to, direct or indirect compensation, current and future compensation, placement or administrative fees, rebates, contingent commissions, renewal commissions, service fees, and any other form of compensation. If none, state "none". Transparency statement: Submitted by: Proposer Name: 41 PART VII —SAMPLE AGREEMENT AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT NO. 2021-002 THIS AGREEMENT made and entered into this day of ,20 , by and between the City of Boca Raton,a municipal corporation of the State of Florida,hereinafter referred to as CITY,and ,a corporation hereinafter referred to as SERVICE BROKER: WHEREAS,the CITY intends to enter into a non-exclusive agreement for the provision of professional brokerage services for casualty and excess insurance by the SERVICE BROKER to the CITY;and WHEREAS,the SERVICE BROKER represents that it is capable and prepared to provide such Services;and WHEREAS, the parties hereto also desire that this Agreement shall be construed to authorize the CITY to request, and the SERVICE BROKER to provide,expert witness services in connection with court proceedings arising out of projects in which the SERVICE BROKER provided professional insurance services at the hourly rates set out in Attachment B,which is attached hereto and incorporated by reference as part of this Agreement. NOW THEREFORE,in consideration of the promises contained herein,the parties hereto agree as follows: ARTICLE 1-EFFECTIVE DATE AND RENEWALS The effective date of this Agreement shall be 10 days after approval by the City Council and shall thereafter run for a three(3)year term, with the option to renew for three(3)additional one year periods,subject to cancellation as provided herein. The agreement may be extended at the CITY'S option for a defined period of time,not to exceed twelve (12)months. The CITY reserves the right to keep policies and their dates of coverage in effect that were entered into prior to expiration or non renewal of Agreement. ARTICLE 2-SERVICES TO BE PERFORMED BY SERVICE BROKER The SERVICE BROKER shall perform the services as specifically stated in the Scope of Services,(Attachment A), and as may be specifically designated and additionally authorized by the CITY. Any amendments to this Agreement shall be subject to approval of the City Manager or City Council as provided for in the CITY'S Code of Ordinances. ARTICLE 3-COMPENSATION SERVICE BROKER shall be fully compensated for services in this Agreement in accordance with Attachment B, Compensation for Services,which is attached hereto and incorporated by reference as part of this Agreement. The annual service fee in Attachment B,Compensation for Services shall remain firm for the initial three years of the contract. No cost increases shall be accepted in this three year term.Thereafter,any renewals which may be approved by the City may be subject to an annual adjustment based on the latest yearly percentage increase or decrease of the Consumer Price Index for All Urban Consumers(CPI-U)(All Items) for Miami-Fort Lauderdale, as published by the Bureau of Labor Statistics,U.S. Department of Labor for the publication for the then current year. Either the SERVICE BROKER or the CITY shall provide the other with a written request for an annual adjustment to the annual service fee. Any request for an annual adjustment by either party shall be provided to the other party no later than 60 calendar days prior to each renewal year of the agreement,and provided to the attention of the project contact as identified in Article 24,It shall be the responsibility of the sender to confirm receipt of the annual adjustment request. The Deputy City Manager or designated representative will provide to the SERVICE BROKER a start date for the use of the updated annual fees,along with a copy of the updated Compensation,which shall become an amendment to this Agreement. ARTICLE 4-STANDARD OF CARE 42 SERVICE BROKER shall exercise the same degree of care,skill,and diligence in the performance of the Services as is ordinarily provided by a professional Service Broker, under similar circumstances and SERVICE BROKER shall,at no additional cost to the CITY,re-perform services which fail to satisfy the foregoing standard of care. ARTICLE 5—INDEMNIFICATION SERVICE BROKER shall defend,indemnify and hold harmless the CITY,its officers,and employees from liabilities,damages, losses and costs, including,but not limited to reasonable attorney's fees,to the extent caused by the negligence,recklessness or intentional wrongful misconduct of SERVICE BROKER and persons employed or utilized by SERVICE BROKER in the performance of this agreement. Any costs and expenses,including attorney's fees,appellate,bankruptcy or defense counsel fees incurred by the CITY to enforce this Indemnification Clause shall be borne by the SERVICE BROKER.This Indemnification Clause shall continue indefinitely and survive the cancellation,termination,expiration,lapse or suspension of this Agreement. ARTICLE 6-INDEPENDENT CONTRACTOR SERVICE BROKER undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used,but the CITY shall have the right to observe such performance. SERVICE BROKER shall work closely with the CITY in performing Services under this Agreement. The SERVICE BROKER shall not receive any City benefits,stipend or privileges afforded to City employees. ARTICLE 7-COMPLIANCE WITH LAWS In performance of the Services, SERVICE BROKER will comply with applicable regulatory and other applicable requirements including federal,state,county and local laws,rules regulations,orders,codes,criteria and standards. Further,SERVICE BROKER acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq. and regulations relating thereto,as either may be amended. Failure by the awarded firm to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement. ARTICLE 8-INSURANCE During the performance of the Services under this Agreement,SERVICE BROKER shall maintain the following insurance policies, and provide originals or certified copies of all policies,and such coverages shall be written by an insurance company authorized to do business in Florida. WORKER'S COMPENSATION The SERVICE BROKER agrees to maintain its own Worker's Compensation&Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement). COMMERCIAL GENERAL LIABILITY SERVICE BROKER agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. SERVICE BROKER agrees its coverage will not contain any restrictive endorsement(s)excluding or limiting Product/Completed Operations,Independent Contractors,Broad Form Property Damage,X- C-U Coverage,Contractual Liability,Cross Liability or Separation of Insureds.The SERVICE BROKER agrees any self-insured retention or deductible shall not exceed$25,000. Additional Insured Endorsements The SERVICE BROKER agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis with CG 20 10 04 13 endorsement or ISO equivalent. BUSINESS AUTOMOBILE LIABILITY SERVICE BROKER agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence.Coverage shall include liability for Owned,Non-Owned&Hired automobiles.In the event SERVICE BROKER does not own automobiles, SERVICE BROKER agrees to maintain coverage for Hired&Non-Owned Auto Liability,which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the SERVICE BROKER does not own any vehicles,we will accept hired and non-owned coverage in the amounts listed above.In addition,we will require an affidavit signed by the SERVICE BROKER indicating the following: 43 does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase"Any Auto"or "Company Name" Comprehensive Form coverage as of the date of acquisition. SERVICE BROKER's Signature: PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS The SERVICE BROKER shall procure and maintain,for the life of this Contract/Agreement either Professional Liability Insurance or Errors and Omissions Insurance. This coverage is for damages arising out of the insured's negligence,mistakes or failure to take appropriate action in the performance of business or professional duties. This coverage shall be on a"Claims Made"basis and kept for 2 years after completion. The minimum limits of coverage shall be$1,000,000 per claim with a deductible of no more than$25,000. SUPPLEMENTAL PROVISIONS 1. The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation,non-renewal,material change,modification or lapse of coverage,SERVICE BROKER shall notify the City within thirty(30)business days with written notice of such to the Purchasing Division by fax to 561-393-7983. 2. All renewal or replacement certificates of insurance specific to the contract/agreement/award shall be forwarded to the City of Boca Raton Purchasing Division with a copy to the Boca Raton Department as identified in the Purchase Order/Agreement.Original certificates to be sent attention of City of Boca Raton,Purchasing Division,201 W.Palmetto Park Road,Boca Raton,FL 33432. SUBCONSULTANT/SUBCONTRACTOR'S INSURANCE The SERVICE BROKER shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful SERVICE BROKER. Each subcontractor shall furnish to the successful SERVICE BROKER two copies of the Certificate of Insurance,and successful SERVICE BROKER shall furnish one copy of the Certificate to the City of Boca Raton. ARTICLE 9-CITY'S RESPONSIBILITIES The CITY shall be responsible for providing reasonably required access to all project sites, and providing information on hand, including any data available in the files of the CITY. ARTICLE 10-TERMINATION OF AGREEMENT Upon termination and as directed by the CITY, the SERVICE BROKER shall deliver to the CITY all original papers, records, documents,drawings,and other material set forth and described in this Agreement,including those described in Article 18,that are in SERVICE BROKER'S possession or under its control arising out of or relating to this Agreement and shall become the property of the CITY per Article 18. 10.1 Termination With Cause The obligation to continue services under this Agreement may be terminated for cause by either party upon seven(7)days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating Party. 10.2 Termination Without Cause CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon fourteen(14)days written notice to SERVICE BROKER,and SERVICE BROKER shall terminate or suspend performance of services on a schedule acceptable to CITY or at the end of this fourteen(14)day period,at the option of the CITY. In the event of termination or suspension for CITY's convenience,CITY shall pay SERVICE BROKER for all services performed through the date of notice of termination or suspension. 10.3 Termination For Governmental Non-Appropriations 44 The obligation of the CITY for payment to a SERVICE BROKER is limited to the availability of funds appropriated in a current fiscal period.Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds,unless otherwise authorized by law and contract,and shall be terminated without penalty to the CITY and without any default upon the last day in which funds were last appropriated. ARTICLE 11-NONDISCLOSURE OF PROPRIETARY INFORMATION SERVICE BROKER shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the SERVICE BROKER's performance of the Services to be proprietary unless such information is available from public sources or is a public record under Florida law. SERVICE BROKER shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12—UNCONTROLLABLE FORCES Neither the CITY nor SERVICE BROKER shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,the effect of which,by the exercise of reasonable diligence,the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes,but is not limited to fire,flood,earthquakes,storms,lightning,epidemic,war,riot,civil disturbance, sabotage, Acts of God and governmental actions. Neither party shall,however,be excused from performance if nonperformance is due to forces which are preventable,removable, or remediable and which the non-performing party could have,with the exercise of reasonable diligence,prevented,removed,or remedied with reasonable dispatch. The non-performing party shall,within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13-GOVERNING LAW/VENUE/WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. BY ENTERING INTO THIS AGREEMENT, SERVICE BROKER AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 14-MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or SERVICE BROKER of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of a written waiver,such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable,shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further 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. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 14.3 Political Campaigns During the tenn of this Agreement,the SERVICE BROKER or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign. 45 14.4 Conflict of Interest Neither SERVICE BROKER nor its employees or its subconsultant(s) shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with SERVICE BROKER's loyal and conscientious exercise of judgment related to its performance under this Agreement. ARTICLE 15-INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and SERVICE BROKER as a final,complete and exclusive statement of the terms of the Agreement between the CITY and SERVICE BROKER. This Agreement supersedes all prior agreements,contracts,proposals, representations, negotiations, letters or other communications between the CITY and SERVICE BROKER pertaining to the Services,whether written or oral. Policies written under this Agreement may be bound and signed by the City Manager or designee. The Agreement may not be modified unless such modifications are evidenced by an amendment in writing signed by both the CITY and SERVICE BROKER. ARTICLE 16-SUCCESSORS AND ASSIGNS The CITY and SERVICE BROKER each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement. Any assignment,sale,pledge or conveyance of this contract by SERVICE BROKER must be previously approved in writing by the CITY, whose consent may be reasonably withheld. ARTICLE 17-CONTINGENT FEES The SERVICE BROKER warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the SERVICE BROKER 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 the SERVICE BROKER,any fee, commission,percentage,gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18-OWNERSHIP OF DOCUMENTS SERVICE BROKER shall be required to work in harmony with other agents/brokers relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information prepared under this Agreement shall become the property of the CITY upon completion, for its use and distribution as may be deemed appropriate by the CITY. ARTICLE 19—MAINTENANCE OF RECORDS SERVICE BROKER will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by SERVICE BROKER for a minimum of five (5) years from (a) the date of termination of this Agreement or(b)the date the policy is completed,whichever is later,or such later date as may be required by law. ARTICLE 20—PUBLIC RECORDS . The City of Boca Raton is a public agency subject to Chapter 119,Florida Statutes. This Contract requires SERVICE BROKER to provide services, and therefore SERVICE BROKER shall comply with Section 119.0701,Florida Statutes. Specifically, SERVICE BROKER shall: 1) Keep and maintain all public records related to the performance of the services. 2) Upon request from the CITY's custodian of public records,provide the CITY 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 that provided in chapter 119,Florida Statutes,or as otherwise provided by law. 3) 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. 46 4) Upon completion or other termination of the contract, keep and maintain the public records required by the CITY to perform the services. SERVICE BROKER shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above,provide to the City all records that were stored electronically by SERVICE BROKER,upon request from the CITY's custodian of public records,in a format that is compatible with the information technology systems of the CITY. B. The failure of SERVICE BROKER to comply with the provisions set forth in this Article,or to comply with the City's request for records, shall constitute a default and breach of this Agreement, and the CITY shall, in its discretion,pursue any and all remedies against SERVICE BROKER provided for under this contract or at law. C. IF SERVICE BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SERVICE BROKER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, BRCITYCLERK(a�MYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. ARTICLE 21—PUBLIC ENTITY CRIMES By its execution of this Agreement,SERVICE BROKER acknowledges that it has been informed by CITY of and is in compliance with the terms of Section 287.133(2)(a)of the Florida Statutes which read as follows: "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 bid,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or SERVICE BROKER under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 22-LICENSES SERVICE BROKER shall comply with all federal, state,and county licensing requirements and shall comply with all provisions of the City of Boca Raton licensing requirements. SERVICE BROKER shall possess all qualifications, licenses and expertise requirement for the performance of services under this agreement,including but not limited to,full qualification and good standing to do business in Florida. ARTICLE 23-SCRUTINIZED COMPANIES A. Pursuant to Section 287.135,SERVICE BROKER is ineligible to enter into,or renew,this Agreement if SERVICE BROKER is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes),or is engaged in a boycott of Israel. B. By entering into this Agreement, SERVICE BROKER certifies that SERVICE BROKER is not on the Scrutinized Companies that Boycott Israel List, and that SERVICE BROKER is not engaged in a boycott of Israel. SERVICE BROKER acknowledges that SERVICE BROKER executed a certification to this effect at the time it submitted a response to the City's Request for Proposal and that such certification was likewise accurate at the time of execution of this Agreement. C. SERVICE BROKER shall notify the City if,at any time during the term of this Agreement, SERVICE BROKER is placed on the Scrutinized Companies that Boycott Israel List,or that SERVICE BROKER is engaged in a boycott of Israel. Such notification shall be in writing and provided by SERVICE BROKER to the City within ten(10)days of the date of such occurrence. 47 D. In the event the City determines,using credible information available to the public, that SERVICE BROKER has submitted a false certification or SERVICE BROKER is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel,the City may,in its sole discretion,terminate this Agreement and seek a civil penalty, and other damages and relief, against SERVICE BROKER,pursuant to Section 287.135, Florida Statutes. In addition,the City may pursue any and all other legal remedies against SERVICE BROKER. E. SERVICE BROKER shall not seek damages, fees, or costs against the City in the event the City terminates the Agreement pursuant to this provision. ARTICLE 24—E-VERIFY By entering into this Contract/Agreement,the SERVICE BROKER becomes obligated to comply with the provisions of Section 448.095, Fla. Stat, "Employment Eligibility."This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all employees hired after January 1,2021 (as well as contractual employees whose contract is renewed after January 1, 2021), and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant does not employ,contract with,or subcontract with,an unauthorized alien.Failure to comply will lead to termination of this Contract/Agreement,or if a subcontractor/subconsultant knowingly violates the statute,the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination.If this Contract/Agreement is terminated for a violation of the statute by the SERVICE BROKER, the SERVICE BROKER may not be awarded a public contract for a period of 1 year after the date of termination. Should SERVICE BROKER violate the requirements of Section 448.095,Fla. Stat,they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. ARTICLE 25-NOTICE Any notice,demand,communication,or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail,postage prepaid as follows: As To CITY City of Boca Raton Risk Management Division 201 W.Palmetto Park Road Boca Raton,FL 33432 Phone:561-393-7970 Email: smoy@myboca.us Attention: Stanley Moy,Risk Manager As to SERVICE BROKER: Attention: Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Email is acceptable notice effective when received. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of SERVICE BROKER and CITY. ARTICLE 26—PROJECT TEAM Insert primary team members Project Team members may be changed only with the prior written approval of the CITY Risk Manager. 48 ARTICLE 27—USE OF SUBCONSULTANTS OR SUBCONTRACTORS SERVICE BROKER is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the SERVICE BROKER shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor,to be bound to the SERVICE BROKER by the terms of this Agreement and to assume toward the SERVICE BROKER all the obligations and responsibilities which the SERVICE BROKER, by this Agreement and any subsequently issued Work Order, assumes toward the CITY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the CITY under this Agreement,and any subsequently issued Work Order,with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. The SERVICE BROKER shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. SERVICE BROKER acknowledges and agrees that nothing in this Agreement shall be construed to create any contractual relationship between CITY and any subconsultant or subcontractor. IN WITNESS WHEREOF, the City of Boca Raton, at a regular meeting thereof, by action of the City Council directing the foregoing to be adopted,has caused these presents to be signed by the Mayor,and has executed this contract,all as of the day and year first above written. CITY OF BOCA RATON Date: Attest: By: City Clerk Name: Scott Singer Title:Mayor Approved as to Form and Legal Sufficiency: By: City Attorney NAME OF BROKER'S ORGANIZATION Attest: Date: By: Corporate Secretary Signature (Affirm Corporate Seal) (Seal) Name: Title: President(or other duly authorized Officer) (Attach Resolution/Bylaw of authorization if no President) Approved by City Council on ,20 ,Item# 49 ATTACHMENT A SCOPE OF SERVICES 50 ATTACHMENT B COMPENSATION FOR SERVICES 51 EXHIBIT A - CURRENT CITY POLICIES PROVIDED AS SEPARATE ATTACHMENT FOR INFORMATION PURPOSES ONLY 52 EXHIBIT B — Redacted Version of Proposal Cover Sheet Confidential Documents — Redacted Version of Proposal Cover Sheet Any Proposer that elects to invoke exemptions to disclosure provided by Florida law in the response to the RFP is required to submit a redacted version of the RFP. For the purposes of this proposal a"Redacted"version of Proposer's Proposal response shall mean Proposer is to provide an exact replica of their firm's original Proposal response with areas of their Proposal response"blacked-out"or"shaded-out"that they deem"Confidential"or"Exempt"under Florida State Statute(s). This redacted version shall be provided as follows: 1. In addition to the one (1)original and three (3)copies, Proposer to provide an extra copy of the Proposal, clearly marked as"Redacted"on the front cover. 2. On the inside cover of the redacted version there shall be a summary sheet(s)detailing the sections, parts, and or pages redacted. Proposer to utilize the chart and format as provided below. 3. For each section of the Proposal that is redacted, Proposer is to state the reason why such exclusion from public disclosure is necessary and cite the legal basis for each exemption with a specific statutory citation for such exemption. Redaction Identification Page Section No. and General Florida Detailed Explanation of Legal No. Statement of section being Statute Basis for Redaction redacted as authorized by Florida Law Florida Statute Section 119.071 sets forth general exemptions to the inspection and copying of public records. Additionally, trade secrets, as defined in Florida Statute Section 812.081 are confidential and exempt from the public records law pursuant to Florida Statute Section 815.045. Copyrighted material is not excluded from the definition of"public record." It will be the responsibility of the Proposer to elect and to submit a redacted version of their Proposal response. NOTE: In the event that the Proposer elects not to submit a redacted version of their Proposal, in accordance with RFP Section 1-4, the entire Proposal, without exclusion, will be made available as a public record. The City shall not be held responsible for any pages marked as confidential submitted within the RFP response that are not identified in the redacted version supplied to the City. 53 RFP 2021-002 RANKING FORM Broker Services for Casualty and Excess Insurance Phase II Ranking RANK NAME OF PROPOSER COMMITTEE MEMBERS AJ Gallaher The Gehring Group World Risk Management Danielle Olson 2 1 3 Stan Moy 3 1 2 Sivan Alamary 1 2 3 Total 6 4 8 Rank 2 1 3 SCORE NAME OF PROPOSER COMMITTEE MEMBERS AJ Gallaher The Gehring Group World Risk Management Danielle Olson 87 100 83 Stan Moy 85 99 94 Sivan Alamary 85 78 70 Total 257 277 247 Total 86 92 82 Signatures ("X"for SC signutares on Eval page) Danielle Olson Stan Moy Sivan Alamary 4011PT1 �1 �o� RISK MANAGEMENT DIVISION ' CITY OF 201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432 '/+,i5�,, 1 t:� PHONE 561 393-7700 j� oca Raton (FOR HEARING IMPAIRED)TDD (561)367-7043 wwwmyboca.us *0:0g0;`''' March 11, 2024 The Gehring Group Kurt N. Gehring, President and CEO 3500 Kyoto Gardens Drive Palm Beach Gardens, FL 33410 kurt.gehring(a,gehringgroup.com SUBJECT: Agreement RFP No. 2021-002, Broker Services for Casualty and Excess Insurance Renewal Number 1 Dear Mr. Gehring, The above subject agreement is due to expire on April 22, 2024. The original agreement included the option to renew for three (3) additional one-year periods. A price increase of 5% was made by written request pursuant to Article 3 of the Agreement. This is commensurate with the CPI-U (Miami) of December 2023 which is 5.7%, and Article 3 which has a cap of not to exceed 5%. Please sign below if a one-year renewal of the above subject agreement for the upcoming renewal period of April 23, 2024 through April 22, 2025, with a 5% increase to the annual service fee, is acceptable. Please complete and return this form to my attention no later than March 29, 2024. Your response may be emailed to me at rignoffo@myboca.us. The City will also need updated insurance certificates (Worker's Compensation, Commercial General Liability, and Business Automobile Liability Insurance) with the City of Boca Raton named as an additional insured for General Liability. Sincerely, /ezCietitzZ c\frio:66, 44(- / Richard Ignoffo III Risk Manager T. •ehr•: Group, l�/ *71----.' March 14,2024 Au ori - • • •• •. • _ _ . :. - Date Kurt N.Gehring, = - '•-nt&CEO Name (Print) / Title STAY CONNECTED 11 © O -AN EQUAL OPPORTUNITY EMPLOYER- EXHIBIT B FEE SCHEDULE LINE OF COVERAGE: COMMISSION RATE: PROPERTY 7 % AUTO PHYSICAL DAMAGE 7% AUTO LIABILITY 7% WORKERS' COMPENSATION 7% GENERAL LIABILITY 7% ANCILLARY LINES CARRIER STANDARD Piggyback Contract - Gehring Group 9