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Agenda 12/14/2021 Item #16E 7 (RFP Contract #20-7805 to Risk Management Associates, Inc. d/b/a Public Risk Insurance Advisors)16.E.7 12/14/2021 EXECUTIVE SUMMARY Recommendation to award Request for Proposals ("RFP") #20-7805, "Property Casualty Brokerage Services," to Risk Management Associates, Inc. d/b/a Public Risk Insurance Advisors, and authorize the Chair to sign the attached Agreement. OBJECTIVE: To procure Property and Casualty Insurance Brokerage services in support of the County's Risk Management Finance program. CONSIDERATION: Florida Statutes Section 768.28 (3) (16) (a) authorizes Counties to enter into risk management programs and to purchase insurance as they determine necessary. Pursuant to Section 626.112, Florida Statutes, property and casualty insurance coverage must be placed through a licensed broker or agent. Since October 1, 1992, the Board has utilized a contracted fee arrangement for Property and Casualty insurance brokerage services. This method contrasts with a traditional compensation arrangement where the broker is paid on a commission basis. Rather, under this approach the majority of coverage, except for Flood, is placed on a "net of commission" basis and a flat fee is paid to the broker by the County. The National Flood Insurance program requires that brokers accept commissions. This arrangement results in a comprehensive scope of services at a lower overall program cost. It also promotes transparency; reduces the potential for conflicts of interest; and promotes best value. The current contract with Insurance and Risk Management Services, Inc. is set to expire on December 31, 2021. In anticipation of the expiration of the contract, staff prepared an RFP, and the County Manager appointed a selection committee to review proposals. The scope of services for this program includes the marketing, analysis, recommendation and placement of the County's property, liability, automobile, crime, and workers' compensation programs. It also includes the selection of ancillary services such as third party adjusting services. Finally, a broad variety of risk finance consulting services are included. On April 21, 2021, the Procurement Services Division released notices of RFP #20-7805 Property and Casualty Brokerage Services. The County received five responsive and responsible proposals by the June 28, 2021, due date. A selection committee met on August 20, 2021, scored each of proposals, and shortlisted all five firms to move on to oral presentations. On October 7, 2021, the selection committee reconvened for oral presentations, and ranked the firms as follows: Firm Name Final Rank Risk Management Associates, Inc. d/b/a Public Risk Insurance Advisors (PRIA) 1 Arthur J. Gallagher Risk Management Services Inc. 2 McGriff Insurance Services, Inc. 3 Alliant Insurance Services, Inc. 4 Assured Partners of Florida, LLC d/b/a IRMS 5 Staff is recommending award to the top -ranked firm, Risk Management Associates, Inc. d/b/a Public Risk Insurance Advisors, effective January 1, 2022. The firm is based out of Daytona Beach, Florida with a local office in Fort Myers and employees in both Lee and Collier County. This will be the first time the firm provides services to the County. The RFP does not include Aircraft and Airport brokerage services due to the specialized nature of this Packet Pg. 2122 12/14/2021 16.E.7 coverage. Specialty aircraft/airport insurance is typically placed through aircraft brokers who only write aircraft/airport insurance. Commercial insurance brokers typically utilize these specialty brokers to access the aircraft markets which may add cost to the program. Therefore, staff is recommending that the current broker, Arthur J. Gallagher be utilized directly for the placement of this coverage. This arrangement will not add additional cost to the program. Staff recommends that the Board approves the final selection and placement of all insurance coverage annually. FISCAL IMPACT: Under a traditional commission arrangement, total compensation to the broker would be approximately $415,495 annually. Risk Management Associates, Inc. proposed a flat fee of $75,000 annually and estimated Flood commissions earnings of $52,000 for total estimated compensation of $127,000 for calendar year 2022. This equates to program savings of $288,495. Sufficient funds are budgeted in Fund 516, Property and Casualty Insurance, and Fund 518, Workers' Compensation Insurance, for this purpose. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board award RFP #20-7805, "Property Casualty Brokerage Services," to Risk Management Associates, Inc. d/b/a Public Risk Insurance Advisors, and authorizes the Chair to sign the attached Agreement. Prepared by: Jeff Walker, CPCU, ARM, Director, Risk Management ATTACHMENT(S) 1.20-7805 Solicitation (PDF) 2.20-7805 Final Ranking (PDF) 3.20-7805 NORA (PDF) 4.20-7805 PRIA Certificate of Insurance (PDF) 5. Solicitation 20-7805_-_PRIA Response_2021_FINAL (PDF) 6.20-7805 RiskManagement_VendorSigned (PDF) Packet Pg. 2123 16.E.7 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.7 Doe ID: 20685 Item Summary: Recommendation to award Request for Proposals ("RFP") #20-7805, "Property Casualty Brokerage Services," to Risk Management Associates, Inc. d/b/a Public Risk Insurance Advisors, and authorize the Chair to sign the attached Agreement. Meeting Date: 12/14/2021 Prepared by: Title: Operations Coordinator — Risk Management Name: Greily Gonzalez 11/22/2021 8:42 AM Submitted by: Title: Division Director - Risk Management — Risk Management Name: Jeff Walker 11/22/2021 8:42 AM Approved By: Review: Risk Management Procurement Services Procurement Services Procurement Services Agenda Clerk Preview County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Jeff Walker Director Review Ana Reynoso Level 1 Purchasing Gatekeeper Sue Zimmerman Additional Reviewer Glenys Risueno Additional Reviewer Michael Cox Agenda Clerk Preview Scott Teach Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Wells Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 11/22/2021 9:15 AM Completed 11/22/2021 9:34 AM Completed 11/22/2021 9:50 AM Completed 11/22/2021 10:01 AM Completed 11/22/2021 1:38 PM Completed 11/23/2021 9:19 AM Completed 11/23/2021 9:27 AM Completed 11/23/2021 10:54 AM Completed 11/23/2021 1:36 PM Completed 12/03/2021 2:18 PM 12/14/2021 9:00 AM Packet Pg. 2124 16.E.7.a coer coHnty Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR PROPERTY CASUALTY BROKERAGE SERVICES SOLICITATION NO: 20-7805 DEBORAH MCCORMICK, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-4270 Deborah.McCormick@colliercountyfl.gov This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations to this document made by the Firm may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 2125 16.E.7.a SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL (RFP) 20-7805 NUMBER: PROJECT TITLE: PROPERTY CASUALTY BROKERAGE SERVICES PRE -PROPOSAL CONFERENCE: N/A LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 DUE DATE: JUNE 28, 2021 at 10:00AM EST. PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas INTRODUCTION As requested by the Risk Management Division (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The Risk Management Division of Collier County Government is seeking Insurance brokerage and assorted risk management consulting services. Historically, County departments have spent approximately $122,900.00 dollars annually exclusive of allowable commissions. BACKGROUND Since 1992, Collier County Government has utilized a contract arrangement for property and casualty insurance brokerage and consulting services. Such services are on a flat fee basis with a designated scope of services to be provided. All insurance coverage(s) and associated services are purchased net of commission. It is the intent of the County to continue with this arrangement. Currently, Collier County purchases property, errors and omissions, general liability, automobile, employee dishonesty, and workers' compensation insurance coverage(s) under an All Lines Aggregate Insurance program with primary layers underwritten through Princeton Excess Insurance Company and excess layers through various carriers. The County also purchases certain airport, aircraft, environmental, mechanical breakdown, builders' risk, cyber and other coverage independently of the All Lines Aggregate Program. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for the contract term, if an award(s) is/are made is intended to be five (5) years with two (2) two (2) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. The County Manager, or designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or designee, shall give the Firm written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery, provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. a 2 Packet Pg. 2126 The successful firm shall demonstrate its ability to provide the following scope of services with an experienced broker in the marketing and servicing of public and casualty insurance program. 1) Every three (3) years, the successful firm shall solicit insurance coverage proposals and programs from interested markets. The goal of this project shall be to evaluate and recommend the most effective risk -financing program in terms of protection and cost. It is the intent of the County to review various risk financing strategies including programs which encompass the County's current risk financing arrangement and may include first dollar, self -insured retention, large deductible, loss sensitive programs or other programs which would be appropriate for review. The firm chosen shall prepare a project timeline and shall be responsible for developing (with staff) a marketing strategy; making presentations; and implementing the program to include negotiations with carriers and other appropriate parties. The County reserves the right to alter this three (3) year schedule, depending upon market conditions or any other decision factors to include direction by senior management or direction by the Board of Commissioners. 2) Except for those years when a complete program marketing effort is sought, the successful firm shall manage the insurance renewal process. The firm chosen shall develop a project timeline and shall be available for planning, review, presentations, and implementation meetings. A renewal proposal should be presented to the Risk Management Director no later than August 151 of each year, but in no case shall the renewal program be presented later than September 15t of each year. The written renewal presentation shall include, at a minimum, the following elements: a financial analysis of the renewal; a summary of the overall state of the market by coverage line (capacity, rate trends, coverage trends); a description of material changes in policy terms and their effect on the program; and recommendations regarding potential program alterations and their financial impacts. 3) Assist the Risk Management staff in the development of cost allocation methods by line of insurance; the development and maintenance of loss sensitive premium allocation systems; and assistance with the property and casualty fund management, as needed. The selected firm shall coordinate and complete the following projects: a) The development of the annual Workers' Compensation budget allocation by cost center. This project includes the development of the current loss sensitive allocation system which allocates rates through a traditional manual rating formula as well as on the basis of a three-year net paid average. b) The development of the annual property, liability, automobile, and monoline budget allocation. Premiums are allocated by net operating budget; buildings/structures, contracts and business income; as well as exposure. 4) Provide consulting assistance to Risk Management staff regarding the development and maintenance of contractual insurance standards and provide advice as to the appropriate types and levels of coverage necessary for proposed County contracts, as needed. Conference with County firms regarding contract issues as needed. 5) Request proposals from qualified third party claims administrators, evaluate these proposals, participate in interviews, and make a recommendation to the Risk Management Director; coordinate the approval of selected third party administrators with the appropriate excess carrier(s); maintain frequent contact with claims personnel so as to follow the progress of claims management activities; remain abreast of loss development; resolve problems/conflicts regarding claims administration issues; negotiate fees. Collier County may perform the selection of third -party claims administrators through a Request for Proposal process. 6) Review accounting data received from carriers to assess accuracy and initiate billing activity; resolve accounting differences or discrepancies. o 7) Issue binders and insurance certificates of coverage on behalf of the County; request endorsements from carriers and issue Z identification cards for automobile insurance. o LO 8) Analyze insurance market trends and report in advance on the affect that trends will have on pricing and coverage availability. Q 9) Perform an annual audit of the Workers' Compensation classification coding by job title. N c 10) Provide up to sixteen (16) hours of training services to County staff per year on insurance and risk management topics, as needed. E z 11) Provide consulting advice and assistance regarding the maintenance of the County's Risk Management Information System to include desirable program characteristics and data maintenance such as policy information updating. Provide annual policy data Q entry services to keep the policy archive current. 12) Coordinate an annual actuarial evaluation of the program to determine funding requirements; seek written quotations and recommend a firms; gather and disseminate loss and other relevant data to the actuary; review the draft report; request changes as needed and forward the final report to the Risk Management Director. This final actuarial report is to be completed by Packet Pg. 2127 16.E.7.a November 151 of each year for the previous fiscal year ended September 301. Collier County may contract separately to perform the annual actuarial evaluation. 13) Provide routine verbal consulting advice on safety and loss control matters as they relate to the County's risk management program. Onsite inspections, written programs and training programs may be negotiated for an additional fee. 14) Provide access to and consulting advice regarding the potential for utilizing new and emerging risk financing programs. The fee for the implementation of such programs is not included in this proposal, however, if implemented a fee will be negotiated and an amendment to the contract shall be executed. The ability to analyze, recommend and access such services is expected as part of this proposal. 15) Provide resources and information necessary to support the County's Risk Management operations such as ACCORD forms or specialty applications; standard and manual rates; access to classification standards; policy forms; etc. 16) Provide claims management support as needed. Provide onsite claims support for functions related to natural or man-made disasters, if needed. 17) Coordinate the collection of information to support the Builder's Risk Program. Provide up to four (4) hours of annual training on this topic to the County's project design professionals. 18) The successful firm shall designate a highly qualified service team to provide services to the County's Risk Management staff. The firm shall make staff available for a monthly planning meeting as well as any meetings necessary to complete assigned projects. 19) Provide onsite catastrophe claims management assistance, if requested, to assist the County in preparing, submitting and managing the event. License and Certification Requirements: The successful firm shall provide proof of the following license and certifications held by at least one employee of the firm. Proof shall be provided upon proposal submittal and annually upon award and duration. A copy of the employee's license and/or certification confirms the employee will be available and able to perform work for the County under this proposal. It shall be the firm's responsibility to update the County with any employee changes regarding the requirement. 2-20 General Lines, Properly & Casualty work under the resultant Agreement shall not be performed by an employee of the firm who is not properly licensed. Professional designations include Chartered Property Casualty Underwriter (CPCU) and Associate in Risk Management (ARM) Conditions: 1) The successful firm shall have the capability of accessing insurance markets on a national basis to maximize the availability of coverage for the County's consideration. 2) The successful firm shall demonstrate that it possesses the resources at its disposal as are necessary to fulfill the requirements of the scope of services. 3) Firms who have a financial interest in a third party administrator, insurance company, servicing company or other entity which C 0 it intends to propose if chosen, must disclose such financial interest and must demonstrate their ability to meet the scope of services independently of such financial interests. 4) The successful firm shall demonstrate a proven record of providing services of this type to clients of the same size, nature, and in complexity as Collier County. c 00 5) The successful firm must possess all necessary licenses to perform the above -mentioned services as may be required by the State N of Florida. c d 6) Deviations from the compensation method as described herein or from the ability to provide the Scope of Services must be E clearly described. U Compensation and Transparency: Q The successful firm shall be compensated on a flat fee basis net of commission payable monthly at 1/121 the annual fee. Fees are payable at the end of the month services are provided. All program premiums and charges are to be written net of commission and the acceptance of a commission shall be grounds for immediate termination of the. If a carrier does not or cannot work on a net of commission arrangement, the firm shall disclose this as part of their price proposal. If this occurs after commencement of the 4 Packet Pg. 2128 16.E.7.a Agreement, the firm shall disclose this fact and the commission shall be deducted from the annual fee or the annual fee shan Be re- negotiated. By February I" each year, the successful firm shall provide an annual statement for the prior period (January through December) confirming all compensation paid by each respective carrier, whether net of commission or by required commissions. Additionally, the County reserves the right to seek additional relevant records as a means of enforcing this provision. Response Format: The firm understands and agrees to abide by all of the proposal specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. Collier County has two types of policies, Property and Casualty Insurance. The firm further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this proposal. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. Proposals should be prepared simply and economically, providing a straightforward concise description of the firm's approach and ability to meet the County's needs, as stated in this proposal. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. REQUEST FOR PROPOSAL (RFP) PROCESS 1.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Evaluation Criteria for Development of Shortlist, which will be the basis for short -listing firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then score and rank the firms and enter into negotiations with the top ranked firm to establish cost for the services needed. The COUNTY reserves the right to issue an invitation for oral presentations to obtain additional information after scoring and before the final ranking. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 1.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 1.4 The intent of the oral presentations, if deemed necessary, is to provide the firms with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 1.5 Based upon a review of these proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 1.6 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top -ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. RESPONSE FORMAT AND EVALUATION CRITERIA FOR DEVELOPMENT OF SHORTLIST: 1.7 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY' S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Certified Woman and/or Minority Business Enterprise 5 Points 3. Business Plan 20 Points 4. Cost of Services to the County 20 Points 5. Experience and Capacity of the Firm 20 Points 6. Specialized Expertise of Team Members 20 Points c 0 2 0 0 0 0 N C d E z U 2 a Packet Pg. 2129 7. Local Vendor Preference 16.E.7.a 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. Each criterion and methodology for scoring is further described below. ***Proposals must be assembled, at minimum, in the order of the Evaluation Criteria listed or your Proposal may be deemed non -responsive*** EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO.2: CERTIFIED WOMAN AND/OR MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Woman and/or Minority Business Enterprise. EVALUATION CRITERIA NO.3: BUSINESS PLAN (20 Total Points Available) In this criteria, include but not limited to: Ability to provide consulting services in the areas of risk identification, contract analysis, contractual insurance language and make appropriate recommendations; premium allocation and experience modification assistance; technical risk and insurance training capabilities; ability to provide or have readily accessible loss control specialists to provide verbal advice on Risk Management matters and the capability to provide onsite services if requested. a) Do you have a formalized risk identification method or best practice you use in evaluating the exposures of your clients? If yes, what is this program? Describe how it will help Collier County? b) Do you provide contract analysis for your clients? Do you have experience in developing contractual insurance language for your clients? Please describe. c) Have you developed an experienced rated premium allocation program for your large clients? Please name the client and describe the allocation method? d) What types of risk and insurance training have you performed in the past? Who was the audience? What were the topics? How many people attended and what questions did they ask? e) In which areas do you have the greatest expertise? Which types of training have you initiated for your clients? What areas have you not initiated and why have you not done so? f) Does your firm have staff loss control consultants? What are the minimum credentials for these individuals? g) Give three or four examples of the types of services your loss control personnel provide to your clients. What impact or positive result did the program produce? h) Would loss control personnel be available to provide advice on various loss control questions or concerns as part of this proposal (see scope of services)? i) Have you provided consulting assistance to your clients regarding the selection or administration of a risk management information system? Please describe. j) What special considerations or changes do you recommend that Collier County consider regarding its current risk financing arrangement at the next renewal? Over the next five (5) years? Please refer to Attachment A: Property Insurance and Attachment B Casualty Insurance. • Please describe a strategy or approach you might utilize to address the issue of the capacity and price of property insurance to the County over the next three years. • Have you assisted clients with the implementation and management of Risk Management Information Systems? If so, please describe. What was involved and what was the outcome? k) Provide an example on how you would present to clients at their renewal. c 0 2 0 0 00 0 N c d E z U 0 a 6 Packet Pg. 2130 16.E.7.a EVALUATION CRITERIA NO.4: COST OF SERVICES TO THE COUNTY (20 Total Points Available) In this criteria, include but not limited to: * All program premiums and charges are to be written net of commission (or included) unless the carrier requires the acceptance of commissions. Please disclose the reason for the acceptance of commissions in the price proposal. Please provide the fee you are proposing to provide for the services as described in the Scope of Services using the format below as part of your proposal. Describe the reason for acceptance of commissions below, if applicable. Period Fee Proposal Estimated Commissions 1 / 1 /2022 to 12/31 /2022 l/l/2023 to 12/31/2023 1 / 1 /2024 to 12/31 /2024 l/l/2025 to 12/31/2025 l/1/2026 to 12/31/2026 If you are deviating from the scope of services or the pricing structure above, please describe your alternative pricing arrangement as part of your proposal. Please provide the proposed hourly rate for the catastrophic services as described in paragraph 19 of the scope of services: Period Hourly Rate EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available) In this criteria, include but not limited to: Please describe the knowledge of and experience with public entity programs and markets; ability to identify and respond to the exposures of the County; ability to design a responsive and cost effective program; demonstrated ability to represent the County's interests above the interests of a single carrier, service provider, or intermediary; technical expertise and experience of the principles and support staff, depth of resources; proven track record with public entities of similar size and complexity; leverage in the insurance marketplace; relationships with carriers. a) Do the personnel have direct experience in the marketing and placement of public entity property and casualty insurance programs? b) Please list the number and size of public entity clients your firm has serviced. Client Premium Revenue 1. 2. 3. 4. 5. c) Please state the location of the office that will serve the County. d) What is the turnover rate of service personnel in your organization? e) Do the personnel assigned to service the County have experience in the type of program (All Lines Aggregate) currently utilized by Collier County? Demonstrated communication skills of the principles and support staff; their ability to solve problems; pro -activity; ability to think creatively; ability to listen; depth and quality of the support team; compatibility; accessibility and responsiveness of senior management. c 0 .2 0 Cn LO 0 00 0 N C d z 0 a 7 Packet Pg. 2131 16.E.7.a a) Please describe the methods you use to keep your clients informed of changes occurring in the insurance industry. b) How do you and your staff maintain a pro -active approach to client service? c) Give two significant examples where you have instituted solutions for your clients before they were sought. d) What are the interpersonal skills or qualities you consider important for your customer service personnel? e) Describe your philosophy of customer service delivery; how do you achieve it and measure the satisfaction. f) To what extent will senior management (i.e. the producer) be involved in the servicing of this account? g) Can your firm represent the current insurance program utilized by the County or are you prohibited from representing this program or any part thereof? h) Do you have an established relationship with the wholesale brokers, carriers, or other intermediaries for the County's current program? i) Have you worked under a fee arrangement in the past? Demonstrated service standards of the proposing company; process for ensuring client satisfaction, annual renewal plan and three (3) year marketing plan for Collier County; routine contact; creativity; and regular contact from principles and service personnel. a) Please describe the internal service standards you have established for servicing your clients. b) What methods will you use to assure that you are providing the highest level of service to Collier County? c) Please describe how you will approach the three-year marketing project as described in the Scope of Services? d) What is your estimate of total staff hours you and your staff will expend during the three-year marketing project as described in the Scope of Services? e) Please describe how you will manage the annual renewal project as described in the Scope of Services? f) What is your estimate of total staff hours you and your staff will expend during the annual renewal of line of coverage project as described in the Scope of Services? Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Describe the various team members' successful experience in working with one another on previous projects. The County requests that the vendor submits no fewer than five (5) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Form 5. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available) E In this criteria, include but not limited to: E • Submit copies of License and certification held by at least on employee of the firm as required by: 0 Chartered Property Casualty Underwriter (CPCU) and Associate in Risk Management (ARM) • Description of the proposed contract team and the role to be played by each member of the team. N • Attach brief resumes of all proposed team members who will be involved in the management of the total package c of services, as well as the delivery of specific services. • Attach resumes of any sub -vendors and attach letters of intent from stated sub -vendors must be included with proposal submission. C EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector Cn prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business c address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area 00 zoned for the conduct of such business. o N �.i VENDOR CHECKLIST E ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** z a Packet Pg. 2132 ti w T A;Ienseo Aljodoad 908L-OZ dill PJBmV 04 uoilepUGWWoDaII : 9890Z) BU14UBII Pull S08L-OZ :Iuewt4oelly 0 00 r 0 N 2 H L c w �x o N N kn � N O F bA � Q cl s, 3 w Y h :w Cl N v� N U N c� w cu O ocn o 0 r c Ln M DocuSign Envelope ID: 53FD1096-DBB7-412E-9A3A-4A8E04C50A4E 16.E.7.c 00111'er County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: 20-7805 Title: Property Casualty Brokerage Services Due Date and Time: June 28, 2021, 2021 at 3:OOPM Respondents: Company Name City County State Final Ranking Responsive/Responsible Risk Management Associates, Daytona Volusia FL 1 YES/YES Inc. Beach Arthur J. Gallagher Risk Naples Collier FL 2 YES/YES Management Services, Inc McGriff Insurance Services, Naples Collier FL 3 YES/YES Inc. Alliant Insurance Services, Inc. Lake Mary Seminole FL 4 YES/YES Assured Partners of Florida, Naples Collier FL 5 YES/YES LLC dba IRMS Utilized Local Vendor Preference: Yes - No 0 Recommended Vendor(s) For Award: On April 21', 2021, the Procurement Services Division released notices for Request for Proposal (RFP) 20-7805 Property Casualty Brokerage Services. Nine thousand, four hundred sixty-six (9,466) vendors were notified, fifty-four (54) vendors viewed the RFP information, and five (5) proposals were received by the due date of June 281h, 2021 at 3:OOpm. The Selection Committee met on August 20, 2021. After review of the proposals and deliberation, the Committee scored the proposals and shortlisted all five firms to move on to oral presentations. On October 7, 2021 the Selection Committee reconvened for oral presentations, and the Committee ranked the firms as follows: Risk Management Associates, Inc., ranked as 1 Arthur J. Gallagher Risk Management Services, Inc, ranked as 2 McGriff Insurance Services, Inc., ranked as 3 Alliant Insurance Services, Inc., ranked as 4 AssureclPartners of Florida, LLC dba IRMS, ranked as 5 The final ranking resulted in a tie for second place between Arthur J. Gallagher Risk Management Services, Inc. and McGriff Insurance Services, Inc. Pursuant to the solicitation documents and the Collier County Procurement Manual, the tie was resolved. Staff is recommending award to the top -ranked firm, Risk Management Associates, Inc. Contract Driven = Purchase Order Driven 0 Packet Pg. 2134 DocuSign Envelope ID: 53FD1096-DBB7-412E-9A3A-4A8E04C50A4E 16.E.7.c by: Project Manager: by: Required Signatures Procurement Strategist: l &"S 1vt FASUd," lu/tj/LULL PrE.%ww, �t Services Director: H10/13/2021 3E CC 79B554F5... San ra errera Date Packet Pg. 2135 16.E.7.d I ACC)R a CERTIFICATE OF LIABILITY INSURANCE I DAT11/19/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Laurie DeSandre NAME: Brown & Brown of Florida, Inc. HONE Ic n o Ext : (386) 239-7242 LAIC, No): (386) 239-5729 P O Box 2412 E-MAIL Idesandre@bbdaytona.com ennoFcc INSURER(S) AFFORDING COVERAGE NAIC # Daytona Beach FL 32115 INSURERA: Travelers Property Casualty Company of America 25674 INSURED INSURER B : XL Specialty Insurance Company 37885 BROWN & BROWN INC ETAL INSURER C : The Continental Insurance Company 35289 PUBLIC RISK INSURANCE ADVISORS INSURER D : The Charter Oak Fire Insurance Company 25615 PO Box 2412 INSURER E : Daytona Beach FL 32115 INSURER F : COVERAGES CERTIFICATE NUMBER: 21022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE F OCCUR PREMISES DAMAGE O(Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A Y TC2JGLSA9527B87421 01/01/2021 01/01/2022 GEN-LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY ❑ PRO ❑ LOC JECT PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS TC2JCAP9527B86221 01/01/2021 01/01/2022 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ 50,000 HIRED �/ NON -OWNED AUTOS ONLY /� AUTOS ONLY X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 C EXCESS LAB CLAIMS -MADE 6011849429 01/01/2021 01/01/2022 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A UB1R8701982151K 01/01/2021 01/01/2022 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ INS AGENTS E&O LIMIT 20,000,000 B ELU172413-21 01/01/2021 01/01/2022 AGGREGATE 20,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) REFERENCE: CONTRACT #20-7805 — PROPERTY CASUALTY BROKERAGE SERVICES. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, OR, BOARD OF COUNTY COMMISSIONERS IN COLLIER COUNTY, OR COLLIER COUNTY GOVERNMENT ARE ADDITIONAL INSUREDS ON THE GENERAL LIABILITY, ON A PRIMARY & NON-CONTRIBUTORY BASIS, PER FORMS CG D2 48 04 19 AND CG DO 37 04 05. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E NAPLES FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ZJ @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2136 AGENCY CUSTOMER ID: LOC #: 16.E.7.d ACCW?) AGENCY Brown & Brown of Florida, Inc. POLICY NUMBER CARRIER ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED BROWN & BROWN INC ETAL EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes INSURER A -WORKERS COMPENSATION -POLICY UB1R8612692151R-EFF 1-1-21 TO 1-1-22, LIMITS 1,000,000/1,000,000/1,000,000 Page of ACORD 101 (2008/01) © 2008 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 2137 16.E.7.f FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 20-7805 for "PROPERTY CASUALTY BROKERAGE SERVICES" THIS AGREEMENT, made and entered into on this day of , 2021 , by and between Risk Management Associates, Inc. dba Public Risk Insurance Advisors , authorized to do business in the State of Florida, whose business address is 300 North Beach Street, Daytona Beach, FL 32114 ,(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: The Agreement shall be for a five ( 5 ) year period, commencing t te_ Gard-.apt,r ; or Ron Jan 1, 2022 ,and terminating on five (_ 5 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (_ 2 ) additional two (_ 2 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 0 Purchase Order ❑ No i ed ❑ Wo der. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of 0 Request for Proposal (RFP) ❑ tie EW ( ) ❑ Other O # 20-7805 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. 0 The Contractor shall also provide services in accordance with Exhibit A — Statement of Work attached hereto. Page 1 of 15 Fixed Price Professional Service Agreement 2021_Ver.1 Packet Pg. 2138 16.E.7.f 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): 0 Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Jim— F] duet 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). Page 2 of 15 Fixed Price Professional Service Agreement 2021_Ver.I C A0 Packet Pg. 2139 16.E.7.f 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 15 Fixed Price Professional Service Agreement 2021_Ver.l Packet Pg. 2140 16.E.7.f 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Risk Management Associates, Inc. 300 North Beach Street Daytona Beach, FL 32114 Authorized Agent: Matthew Montgomery, Executive Vice President Attention Name & Title: Michelle Martin, CIC, Senior Vice President Telephone: (386) 239-7245; (386) 239-4047 E-Mail(s): mmontgomery@bbpria.com; mmartin@bbpria.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Jeff Walker, CPCU, ARM Division Name: Risk Management Division Address: 3311 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: Greily Gonzalez, ARM, Manager, Risk Finance Telephone: (239) 252-8914 E-Mail(s): Greily.Gonzalez@Colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 15 Fixed Price Professional Service Agreement 2021_Ver.1 Packet Pg. 2141 16.E.7.f 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within forty-eight (48) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. 0 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑ C ini f Non-Owned-V.ehicles-md-EmplGY,C".,nemW. C. W■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. Page 5 of 15 Q Fixed Price Professional Service Agreement 2021_Ver.I Packet Pg. 2142 16.E.7.f D. 0 Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. E. ❑Cvb" Lmbd*i- CoveraW self have Fn1nMW n hmds of F. ❑ m G. ❑ aftGov aU-hams f e�nn_ .arrnn��_ H. ❑ be-niaintained-whereaWRe,ibk�-����� I. ❑ 'tt=yre i_o Aet : Ise shat v,aum-Itm' $.-er-oc-Gurrerim. M Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within forty-eight (48) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. Page 6 of 15 Fixed Price Professional Service Agreement 2021_Ver,1 Packet Pg. 2143 16.E.7.f 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, or property damage, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce anyother rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising where the County contributed to or was the sole cause of such negligence. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defendunder this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Countyor an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Risk Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ®Exhibit A Scope of Services, Exhibit B Fee Schedule, © RFP/ ❑ IT-9/ ❑ Othe ( ) # 20-7805 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent , and ❑ Other Exhibit arhment 17. APPLICABILITY. Sections corresponding to any checked box (N) will expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. Page 7 of 15 Fixed Price Professional Service Agreement 2021_Ver.1 Packet Pg. :2�14:4] 16.E.7.f 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: Pu bl i cRecord Reg uest colIiercount fl. ov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 8 of 15 Fixed Price Professional Service Agreement 2021_Ver.1 Packet Pg. 2145 16.E.7.f 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 if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision -making authority and by County's staff person who would make the presentation of any settlement Page 9 of 15 Fixed Price Professional Service Agreement 2021_Ver.1 Packet Pg. 2146 16.E.7.f reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44,102, Fla, Stat. 25. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 26. ❑ tN se GE RE su is- 66 eh 0 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. FM� ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. . .... .- • Map. �..T - - ... 28, ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall Page 10 of 15 Fixed Price Professional Service Agreement 2021_Ver.l r y. hz is Packet Pg. 2147 16.E.7.f require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY, The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. (Intentionally left blank -signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement 2021_Ver. I Packet Pg. 2148 16.E.7.f IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of Courts & Comptroller By: BY: Chairman Dated: (SEAL) Risk Management Associates, Inc. dba Contractor's Witnesses: Public Risk Insurance Advisors Contractor / By: dre Contractor's First Witness Signature Matthew Montgomery Michelle Martin TType/print signature and titleT TType/print witness nameT 21cO ., Zu s-s�cQ Contractor's Second Witness Robin Russell TType/print witness nameT Approved as to Form and Legality: County Attorney Print Name Page 12 of 15 Fixed Price Professional Service Agreement 2021_Ver.1 Q Packet Pg. 2149 16.E.7.f Exhibit A Scope of Services FM-1 following this page (containing 3 page/s) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement 2021_Ver.I Packet Pg. 2150 16.E.7.f FINAL STATEMENT OF WORK The Contractor shall demonstrate its ability to provide the following services with an experienced broker in the marketing and servicing of public and casualty insurance program, 1) Every three (3) years, the Contractor shall solicit insurance coverage proposals and programs from interested markets. The goal of this project shall be to evaluate and recommend the most effective risk -financing program in terms of protection and cost. It is the intent of the County to review various risk financing strategies including programs which encompass the County's current risk financing arrangement and may include first dollar, self - insured retention, large deductible, loss sensitive programs or other programs which would be appropriate for review. The firm chosen shall prepare a project timeline and shall be responsible for developing (with staff) a marketing strategy; making presentations; and implementing the program to include negotiations with carriers and other appropriate parties. The County reserves the right to alter this three (3) year schedule, depending upon market conditions or any other decision factors to include direction by senior management or direction by the Board of Commissioners, 2) Except for those years when a complete program marketing effort is sought, the Contractor shall manage the insurance renewal process. The firm chosen shall develop a project timeline and shall be available for planning, review, presentations, and implementation meetings. A renewal proposal should be presented to the Risk Management Director no later than August 1511, of each year, but in no case shall the renewal program be presented later than September ls` of each year. The written renewal presentation shall include, at a minimum, the following elements: a financial analysis of the renewal; a summary of the overall state of the market by coverage line (capacity, rate trends, coverage trends); a description of material changes in policy terms and their effect on the program; and recommendations regarding potential program alterations and their financial impacts. 3) Assist the Risk Management staff in the development of cost allocation methods by line of insurance; the development and maintenance of loss sensitive premium allocation systems; and assistance with the property and casualty fund management, as needed. The selected firm shall coordinate and complete the following projects: a) The development of the annual Workers' Compensation budget allocation by cost center. This project includes the development of the current loss sensitive allocation system which allocates rates through a traditional manual rating formula as well as on the basis of a three-year net paid average. b) The development of the annual property, liability, automobile, and monoline budget allocation. Premiums are allocated by net operating budget; buildings/structures, contracts and business income; as well as exposure. 4) Provide consulting assistance to Risk Management staff regarding the development and maintenance of contractual insurance standards and provide advice as to the appropriate types and levels of coverage necessary for proposed County contracts, as needed. Conference with County firms regarding contract issues as needed. 5) Request proposals from qualified third party claims administrators, evaluate these proposals, participate in interviews, and make a recommendation to the Risk Management Director; coordinate the approval of selected third party administrators with the appropriate excess carrier(s); maintain frequent contact with claims personnel so as to follow the progress of claims management activities; remain abreast of loss development; resolve problems/conflicts regarding claims administration issues; negotiate fees. Collier County may perform the selection of third -party claims administrators through a Request for Proposal process. 6) Review accounting data received from carriers to assess accuracy and initiate billing activity; resolve accounting differences or discrepancies. 7) Issue binders and insurance certificates of coverage on behalf of the County; request endorsements from carriers and issue identification cards for automobile insurance, 8) Analyze insurance market trends and report in advance on the affect that trends will have on pricing and coverage availability. ocko Q Packet Pg. 2151 16.E.7.f 9) Perform an annual audit of the Workers' Compensation classification coding by job title. 10) Provide up to sixteen (16) hours of training services to County staff per year on insurance and risk management topics, as needed. 11) Provide consulting advice and assistance regarding the maintenance of the County's Risk Management Information System to include desirable program characteristics and data maintenance such as policy information updating. Provide annual policy data entry services to keep the policy archive current. 12) Coordinate an annual actuarial evaluation of the program to determine funding requirements; seek written quotations and recommend a firms; gather and disseminate loss and other relevant data to the actuary; review the draft report; request changes as needed and forward the final report to the Risk Management Director. This final actuarial report is to be completed by November 151h of each year for the previous fiscal year ended September 30'h. Collier County may contract separately to perform the annual actuarial evaluation. 13) Provide routine verbal consulting advice on safety and loss control matters as they relate to the County's risk management program. Onsite inspections, written programs and training programs may be negotiated for an additional fee. 14) Provide access to and consulting advice regarding the potential for utilizing new and emerging risk financing programs. The fee for the implementation of such programs is not included in this proposal, however, if implemented a fee will be negotiated and an amendment to the contract shall be executed. The ability to analyze, recommend and access such services is expected as part of this proposal. 15) Provide resources and information necessary to support the County's Risk Management operations such as ACCORD forms or specialty applications; standard and manual rates; access to classification standards; policy forms; etc. 16) Provide claims management support as needed. Provide onsite claims support for functions related to natural or man-made disasters, if needed. 17) Coordinate the collection of information to support the Builder's Risk Program. Provide up to four (4) hours of annual training on this topic to the County's project design professionals. 18) The Contractor shall designate a highly qualified service team to provide services to the County's Risk Management staff. The firm shall make staff available for a monthly planning meeting as well as any meetings necessary to complete assigned projects. 19) Provide onsite catastrophe claims management assistance, if requested, to assist the County in preparing, submitting and managing the event. License and Certification Requirements: The Contractor shall maintain during the life of this Agreement proof of the following license and certifications held by at least one employee of the firm. Proof shall be provided annually upon award and duration. A copy of the employee's license and/or certification confirms the employee will be available and able to perform work for the County under this proposal. It shall be the firm's responsibility to update the County with any employee changes regarding the requirement. 2-20 General Lines, Properly & Casualty work under the resultant Agreement shall not be performed by an employee of the firm who is not properly licensed. Professional designations include Chartered Property Casualty Underwriter (CPCU) and Associate in Risk Management (ARM) Conditions: 1) The Contractor shall have the capability of accessing insurance markets on a national basis to maximize the availability of coverage for the County's consideration. / .- ., - AU Packet Pg. 2152 16.E.7.f 2) The Contractor shall demonstrate that it possesses the resources at its disposal as are necessary to fulfill the requirements of the scope of services. 3) Firms who have a financial interest in a third party administrator, insurance company, servicing company or other entity which it intends to propose if chosen, must disclose such financial interest and must demonstrate their ability to meet the scope of services independently of such financial interests. 4) The Contractor shall demonstrate a proven record of providing services of this type to clients of the same size, nature, and complexity as Collier County. 5) The Contractor must possess all necessary licenses to perform the above -mentioned services as may be required by the State of Florida. 6) Deviations from the compensation method as described herein or from the ability to provide the Scope of Services must be clearly described. Compensation and Transparency: The Contractor shall be compensated on a flat fee basis net of commission payable monthly at 1/1211 the annual fee. Fees are payable at the end of the month services are provided. All program premiums and charges are to be written net of commission and the acceptance of a commission shall be grounds for immediate termination of the. If a carrier does not or cannot work on a net of commission arrangement, the firm shall disclose this as part of their price proposal. If this occurs after commencement of the Agreement, the firm shall disclose this fact and the commission shall be deducted from the annual fee or the annual fee shall be re -negotiated. By February I" each year, the Contractor shall provide an annual statement for the prior period (January through December) confirming all compensation paid by each respective carrier, whether net of commission or by required commissions. Additionally, the County reserves the right to seek additional relevant records as a means of enforcing this provision. Packet Pg. 2153 16.E.7.f Exhibit B Fee Schedule following this page (pages 1 through 1 Page 14 of 15 Fixed Price Professional Service Agreement 2021_Ver, l Packet Pg. 2154 16.E.7.f Exhibit B Fee Schedule Fixed Fee Professional Services Provided: Per Professional Service Agreement and Solicitation Number 20-8705 Property Casualty Brokerage Services including Contractor ("PRIK) response, as amended. In consideration of the Professional Services provided, County shall compensate Contractor in the amount identified below (the "Fixed Annual Brokerage Fee"), The Fee outlined below shall be invoiced and paid monthly: 1 1 2022 to 12 31 2022 $75,000 1 71 1 2023 to 12 31 2023 $75,000 1 2024 to 12 31 2024 $75,000 1 1 2025 to 12 31 2025 $75,000 1 1 2026 to 12 31 2026 $75,000 Contractor will provide all quotes and policies net of commission whenever allowed by insurance carriers. Any commission received from insurance carriers whose underwriting and quotation systems require commission inclusion directly to the broker will immediately be applied toward the outstanding balance of the Brokerage Fee, except: *The Fixed Annual Brokerage Fee does not include: a) National Flood Insurance Program (NFIP) policy commissions will be accepted by O Contractor, in accordance with NFIP/FEMA direction. 00 b) Builders' Risk insurance CD c) Aviation -related insurance a� c The Contractor also agrees to limit/cap domestic wholesale brokerage commissions to 21 no more than 7.5% of premiums for any policies placed on behalf of the County via o Contractor's owned domestic wholesale brokerage subsidiaries. a� Contractor agrees to full transparency regarding the disclosure of all brokerage fees, commissions or other remuneration earned by the Contractor and the Contractor's owned and/or non -owned wholesale brokerages accessed on the County's behalf. The full 0 disclosure of said remuneration shall be disclosed at policy renewals and as part of the c annual Stewardship Report(s), including its contribution to Total Cost of Risk. N O Go O N Packet Pg. 2155 16.E.7.f Other Exhibit/Attachment Description: ❑ following this page (pages through _ ) 0 this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement 2021_Ver.l (c Packet Pg. 2156