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Agenda 09/13/2022 Item #16E13 (Aircraft & Airport Insurance for FY23)09/13/2022 EXECUTIVE SUMMARY Recommendation to approve the purchase of Aircraft and Airport Insurance for FY 2023 from the Chubb/ ACE property & Casualty Insurance Company in the annual amount of $234,796. OBJECTIVE: To protect the County against financial loss arising from Aircraft and Airport related claims and to comply with Federal Aviation Administration requirements as well as other contractual requirements. CONSIDERATIONS: Collier County operates three airports that include Marco Island Airport, Immokalee Airport and Everglades Airpark. The County EMS Division operates Med Flight helicopter (N911CK) and Med Flight helicopter (N911CB) for the purpose of emergency medical transport pursuant to FAA Part 135 Regulations. The County is required to carry Airport Liability insurance on its airports and hangar facilities to comply with various contractual requirements. It is also required to carry Aircraft Liability insurance in order to receive landing permission at various hospital/medical facilities. Further, the County purchases Aircraft Hull insurance to protect against damage to aircraft. Currently, these policies are underwritten by Global Aerospace and will expire on September 30, 2022. In anticipation of the policy expiration, renewal proposals were sought through the County’s aviation insurance broker, Arthur J. Gallagher Aviation. The worldwide aviation insurance market has tightened significantly over the past 60 months. The number of carriers writing aviation coverage has contracted significantly due to severe losses, COVID concerns, and the Russian/Ukrainian War. Rates are increasing as much as 30% in many sectors of the business. According to the broker, public entity EMS Helicopter insurance is particularly difficult to place. The County’s aviation insurance broker approached seven carriers and received proposals from five carriers. The five carriers were Chubb/ACE Property & Casualty Insurance Company, Member Companies of USAIG, Starr and Liability Company, Falls Lake Insurance Company, and Member Companies of Global Aerospace, the incumbent. Global Aerospace group, the incumbent, advised they can no longer offer a 100% quotation. Instead, they proposed a Quota Share Policy offering to cover 35% of the risk. The broker structured multiple other insurers to cover the remaining 65% of the risk resulting on a composite premium increase of 37.7% compared to the current policy. Chubb/ACE Property & Casualty Insurance Company provided a 100% quotation. The quoted premium represents an 11.5% increase from the current policy but was $54,954 lower than the Global Aerospace/USAIG/Starr/Falls Lake quote. The Chubb/ACE proposal contained some reductions in ancillary coverages; however, the County has minimal to no exposure to the type of loss for which thes e coverages afford protection. A full Proposal of Insurance is attached as part of this Item. Given these considerations, the Broker and the Risk Management Director recommends that the County renew with Chubb/ACE Property & Casualty Insurance Company. The FY 23 renewal is illustrated below: Policy Type Limits Deductibles FY 22 Premium FY 23 Premium Dollar Change Percent Change Aircraft Liability $30,000,000 Each Occurrence None Incl. with Hull Incl. with Hull NA NA Aircraft Hull $1,592,000 $50,000- $197,901 $229,796 $31,895 +16.1% 16.E.13 Packet Pg. 2926 09/13/2022 Insured Value N911CK $8,000,000 Insured Value N911CB Rotors Not in Motion; 5.0% of Insured Value- Rotors in Motion Airport Liability $2,000,000 Each Occurrence None $12,536 $5,000 ($7,536) -39.8% Total $210,437 $234,796 $24,359 +11.5% The Chubb/ACE Property & Casualty Insurance Company carries a Best’s financial rating of “A, Superior” or greater. The commencement date of coverage is October 1, 2022. FISCAL IMPACT: The estimated annual premium for Aircraft (N911CK), Aircraft (N911CB) and Airport Liability Insurance is $234,796. Sufficient funds have been budgeted within Fund 516, Property Casualty Insurance to purchase coverage. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To approve the purchase of Aircraft and Airport Insurance as outlined in t he Executive Summary effective October 1, 2022 and authorize the County Manager or designee to complete the applications or other documents necessary to bind coverage through the aviation insurance broker, Arthur J. Gallagher Aviation. Prepared by: Jeffrey A. Walker, CPCU, ARM, Division Director, Risk Management Division ATTACHMENT(S) 1. Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (PDF) 16.E.13 Packet Pg. 2927 09/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.13 Doc ID: 23082 Item Summary: Recommendation to approve the purchase of Aircraft and Airport Insurance for FY 2023 from the Chubb/ ACE Property & Casualty Insurance Company in the annual amount of $234,796. Meeting Date: 09/13/2022 Prepared by: Title: Operations Coordinator – Risk Management Name: Greily Gonzalez 08/12/2022 12:55 PM Submitted by: Title: Division Director - Risk Management – Risk Management Name: Jeff Walker 08/12/2022 12:55 PM Approved By: Review: Risk Management Jeff Walker Director Review Completed 08/15/2022 8:28 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/15/2022 8:37 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2022 9:32 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/22/2022 1:33 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/06/2022 9:59 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM 16.E.13 Packet Pg. 2928 ajg.com 2022 Arthur J. Gallagher & Co. All rights reserved. Proposal of Insurance Collier County Board of Commissioners 3311 East Tamiami Trail, Building D Naples, FL 34112 Presented: August 11, 2022 Aircraft Hull and Liability Airport Liability Effective: October 1, 2022 – October 1, 2023 AEROSPACE PRACTICE Scott Bolger, CPCU, ARM Area Executive Vice President Arthur J. Gallagher Risk Management Services, Inc. 2580 Foxfield Road, Suite 203 St. Charles, IL 60174 847-586-0802 Scott_Bolger@ajg.com www.ajg.com CA Agency License #0D69293 16.E.13.a Packet Pg. 2929 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 2 Table of Contents Client Service Team ...................................................................................................................... 3 Claims Reporting by Policy .......................................................................................................... 4 Aircraft Hull and Liability Coverage Summary............................................................................ 5 Airport Liability Coverage Summary ........................................................................................... 10 Premium Summary ........................................................................................................................ 12 Premium Detail .............................................................................................................................. 12 Premium Finance Options ............................................................................................................ 13 Changes and Developments ......................................................................................................... 13 Coverage Considerations ............................................................................................................. 13 Major Changes to Expiring Program ........................................................................................... 13 Service Commitment ..................................................................................................................... 14 Marketing Review .......................................................................................................................... 15 Proposal Disclosures .................................................................................................................... 16 Terms & Conditions ...................................................................................................................... 17 Carrier Ratings and Admitted Status ........................................................................................... 19 Compensation Disclosure ............................................................................................................ 20 Client Authorization to Bind Coverage ........................................................................................ 21 CORE360™ Loss Control Portal .................................................................................................. 23 ERiskHub® Overview and Login Information ............................................................................. 24 16.E.13.a Packet Pg. 2930 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 3 Service Team We operate using a team approach. Your Service Team consists of: NAME / TITLE PHONE / ALT. PHONE EMAIL Scott Bolger, CPCU, ARM Area Executive Vice President Aerospace Practice 847-586-0802 (p) 847-902-8108 (c) 847-586-0810 (f) Scott_Bolger@ajg.com Jennifer Cummins Client Service Manager - Aerospace 630-549-3629 (p) 866-212-1654 (f) Jennifer_Cummins@ajg.com Arthur J. Gallagher Risk Management Services, Inc. Aerospace Practice Phone Number: (847) 586-0800 16.E.13.a Packet Pg. 2931 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 4 Claims Reporting By Policy Line of Coverage Carrier Policy # Address When to Report Aircraft Hull & Liability and Airport Liability Member Companies of Global Aerospace TBD c/o Global Aerospace 125 S. Wacker Drive 30th Floor, Suite 3005 Chicago, IL 60606 Immediately Airport General Liability Insurance ACE Property and Casualty Insurance Company TBD 1100 Poydras Steet Suite 2150 New Orleans, LA 70163 Immediately Aircraft Hull & Liability Insurance Westchester Firs Insurance Co TBD 1100 Poydras Steet Suite 2150 New Orleans, LA 70163 Immediately Immediately report all claims. Each insurer requires notice of certain types of claims depending on the potential exposure or particular injury types. It is important to thoroughly review your policy to ensure you are reporting particular incidents and claims, based upon the insurer’s policy requirements. If you are using a third party administrator (“TPA”), your TPA may or may not report claims to an insurer on your behalf. Although we will assist you where requested, it is important that you understand whether your TPA will be completing this notification. Report All Claims to: Arthur J Gallagher & Co. 2580 Foxfield Road, Suite 203, St. Charles, IL 60174 Contact: Scott Bolger Direct Phone: 847-586-0802 Main Phone 847-586-0800 Fax: 847-586-0810 Email: Scott_Bolger@ajg.com 16.E.13.a Packet Pg. 2932 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 5 Aircraft Hull & Liability Coverage Summary CARRIER: Option 1: Member Companies of Global Aerospace (35% lead share), Starr Indemnity and Liability Company (35% following share), Falls Lake Insurance Company (10% following share) and USAIG (20% Following Share) Option 2: Westchester Fire Insurance Company EFFECTIVE DATES: October 1, 2022 to October 1, 2023 both dates at 12:01 a.m. local time at first named insured’s address. NAMED INSURED: Collier County Board of County Commissioners your boards, commissions, or agencies and their elective officers or members thereof. NOTE: Any entity not named as an insured in this proposal may not be an insured entity. This may include affiliates, subsidiaries, LLC’s, partnerships and Joint Ventures. SCHEDULE OF AIRCRAFT: 1. 2019 Eurocopter H135 T3H FAA Registration No. N911CB 3 Passenger Seats, 1 Crew $8,000,000 Insured Value 2. 1999 Eurocopter EC135 T1 FAA Registration No. N911CK 5 Passenger Seats, 1 Crew $1,592,000 Insured Value 16.E.13.a Packet Pg. 2933 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 6 Aircraft Hull & Liability Coverage Summary Current Global Aerospace / Starr / USAIG / Falls Lake Westchester Fire Coverage Summary With Global Aerospace Option 1 Option 2 Ground & Flight Hull Physical Damage:Included Included All Risks per Agreed Value Schedule War & Confiscation Perils: Incuded Deductible: 2.5% in Motion 5.0%5.0% $1,000 Not In Motion $18,500 $50,000 Aircraft Liability Limit:Included Included $30,000,000 Each Occurrence Combined Single Liability for Bodily Injury and Property Damage War Risks Liability Limit:Included Included $30,000,000 Each Occurrence / Annual Aggregate Personal Injury Liability:Included Included $25,000,000 Each Offense / Annual Aggregate $30,000,000 Non-Owned Aircraft Liability Limit:Included Included $30,000,000 Each occurrence 40 Seat Maximum Aircraft Size (including crew) and not to exceed 30 consecutive days of use. Pilot Requirements do not apply. Coverage applies to any Category Aircraft. Airport Premises Liability Limit:Included Included $30,000,000 Each Occurrence Products Liability Limit:Included Included Arising from the incidental sale of aircraft or aircraft parts. $30,000,000 Each Occurrence Non-Owned Aircraft Hull Physical Damage:Included Not Provided $5,500,000 Each Occurrence. 16.E.13.a Packet Pg. 2934 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 7 Aircraft Hull & Liability Coverage Summary Current Global Aerospace / Starr / USAIG / Falls Lake Westchester Fire Coverage Summary With Global Aerospace Option 1 Option 2 Personal Effects and Baggage Liability Included Included $50,000 Each Person / Each Occurrence Physical Damage to Non-Owned Hangars and Contents:Included Not Provided $4,000,000 Each Occurrence Cargo Liability:Included Not Provided $1,000,000 Each Occurrence Ground Hangarkeepers Liability:Included Not Provided $10,000,000 Each Occurrence Spare Engines and Parts Physical Damage:Included Included $2,000,000 Each Occurrence $300,000 $Nil Deductible $500 Aircraft Extra Expense:Included Included Per Day: Not Applicable $1,000 Per Occurrence: $900,000 $150,000 Maximum Period of Indemnity: 60 Days Deductible: NIL Days Spare Parts Extra Expense:Included Included $200,000 Each Occurrence $100,000 Deductible: NIL Trip Interruption Expense:Included Not Provided $10,000 Each Passenger / Each Occurrence Emergency Expenses:Included Included $1,000,000 Search & Rescue each occurrence $1,000,000 Foaming and Fire Rescue each occurrence 16.E.13.a Packet Pg. 2935 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 8 Aircraft Hull & Liability Coverage Summary Current Global Aerospace / Starr / USAIG / Falls Lake Westchester Fire Coverage Summary With Global Aerospace Option 1 Option 2 Voluntary Settlements:Included Included Owned Aircraft:$500,000 $1,000,000 Each Passenger, per seating schedule of aircraft $1,000,000 Each Crew, per seating schedule of aircraft $500,000 Non-Owned Aircraft:Not Provided $1,000,000 Each Passenger Not Provided $1,000,000 Each Crew $500,000 Not Provided $6,000,000 Each Occurrence Medical Expenses:Included Included $25,000 Each Person Aircraft Usage:Included Included All Operations of the Named Insured Approved Pilots:Included Included The policy shall not apply while a scheduled aircraft is in flight unless operated by an appropriately rated pilot approved by the Chief Pilot of the Named Insured or their designee. Mechanics Tools:Included Not Provided $180,000 Each Occurrence $500 $1,000 Deductible Territory:Included Included Worldwide Aircraft Lay-up Credit Included Not Provided 50% of the pro-rated premium subject to a 30 consecutive day minimum Automatic Increase in Hull Value:Included Not Provided Actual cost of upgrade subject to reporting of new value within 30 days. $20,000,000 Maximum 16.E.13.a Packet Pg. 2936 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 9 Aircraft Hull & Liability Coverage Summary MAJOR EXCLUSIONS: War Risks Perils Exclusion Nuclear Exclusion Asbestos Exclusion Workers Compensation / Employers Liability Wear & Tear / Deterioration Data Event Liability Exclusion Current Global Aerospace / Starr / USAIG / Falls Lake Westchester Fire Coverage Summary With Global Aerospace Option 1 Option 2 Newly Acquired Aircraft: Actual Purchase Price of aircraft up to a maximum of $20,000,000 per aircraft and subject to a 30 day reporting clause Included Not Provided Cancellation / Non-Renewal:Included Included 90 Days, except 10 days for non-payment of premium and other shorter periods for War Risks Coverages as outlined in the applicable War Risks Write Back Endorsement(s). 16.E.13.a Packet Pg. 2937 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 10 Airport Liability Coverage Summary CARRIER: Option 1: Member Companies of Global Aerospace Option 2: ACE Property & Casualty Insurance Company EFFECTIVE DATES: October 1, 2022 to October 1, 2023 both dates at 12:01 a.m. local time at first named insured’s address. NAMED INSURED: Collier County Board of County Commissioners your boards, commissions, or agencies and their elective officers or members thereof. NOTE: Any entity not named as an insured in this proposal may not be an insured entity. This may include affiliates, subsidiaries, LLC’s, partnerships and Joint Ventures. INSURED PREMISES: Immokalee Regional Airport Marco Island Executive Airport Everglades Airpark and any locations necessary and incidental to the operations of the named insured. LIMITS OF LIABILITY: Each occurrence $ 2,000,000 General aggregate N/A Products/completed operations aggregate $ 2,000,000 Personal and advertising injury aggregate $ 2,000,000 Third Party War Risks Liability – occurrence and aggregate $ 2,000,000 Fire damage – any one fire $ 100,000 Premises Medical – each person $ 5,000 Hangarkeeper’s – any one aircraft $ 2,000,000 Hangarkeeper’s – any one occurrence $ 2,000,000 DEDUCTIBLES: Property Damage to Aircraft: $NIL Hangarkeepers Liability: $NIL SCHEDULE OF ADDITIONAL INSUREDS: Shell Aviation, dba Shell Oil Products Company, LLC and Titan Aviation Fuels Commercial Leasing Corporation The Hiller Group, Inc. NetJets, Inc. 16.E.13.a Packet Pg. 2938 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 11 Airport Liability Coverage Summary MAJOR EXCLUSIONS: • War Risks Perils Exclusion • Nuclear Exclusion • Asbestos Exclusion • Workers Compensation / Employers Liability • Data Event Liability Exclusion 16.E.13.a Packet Pg. 2939 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 12 Premium Summary Global Aerospace/ Global Aerospace USAIG / Starr Chubb / ACE AIRCRAFT / COVERAGE Expiring Premium Renewal Premium Renewal Premium Option 1 Option 2 Airbus H135T3, Registration N911CB $8,000,000 Hull Value $107,328 $173,052 $164,160 $30,000,000 Liability Limit Airbus EC135T1, Registration N911CK $90,573 $101,755 $65,636 $1,592,000 Hull Value $30,000,000 Liability Limit Airport Liability Insurance $2,000,000 Each Occurrence / Annual Aggregate $12,536 $14,943 $5,000 TOTAL ANNUAL PREMIUM $210,437 $289,750* $234,796* +37.7% +11.5% *Plus Applicable Florida State Taxes Gallagher is responsible for the placement of the following lines of coverage: • Aircraft Hull & Liability • Airport Liability It is understood that any other type of exposure/coverage is either self-insured or placed by another brokerage firm other than Gallagher. If you need help in placing other lines of coverage or covering other types of exposures, please contact your Gallagher representative Option #1 Premium Detail Per Aircraft By Insurer Aircraft Global Aerospace Starr USAIG Falls Lake TOTAL Airbus N911CB $41,993 $58,023 $49,040 $23,996 $173,052 Airbus N911CK $35,293 $35,293 $21,084 $10,084 $101,755 $274,807 16.E.13.a Packet Pg. 2940 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 13 Premium Finance Options Premiums for the policies are due and payable as billed and may be financed financed, subject to acceptance by an approved finance company. Note: Following acceptance, completion (and signature) of a premium finance agreement with the specified down payment is required. Note; Unless prohibitted by law, Gallagher may earn compensation for this optional value-added service Outside Financing Quote: Available on Request Payment Plan Schedule: None Changes & Developments It is important that we be advised of any further changes in your operations that may have a bearing on the validity and/or adequacy of your insurance. The types of changes that concern us include, but are not limited to, those listed below: 1. Changes in any operation(s). 2. Any newly assumed contractual liability, granting of indemnities, or hold harmless agreements. 3. Circumstances which may require increased liability insurance limits. Coverage Considerations  Gallagher recommends that you consider purchasing the following additional coverages for which you have exposure. A Proposal for any of the coverages below can be provided. • Cyber Liability • Employment Practices Liability • Crime  Please note the recommendations and considerations summarized in this section are not intended to identify all potential exposures. Gallagher is not an expert in all aspects of your business and assumes no responsibility to independently investigate the risks your business faces. Gallagher has relied upon the information you provided in making our insurance Proposals. If you are interested in pursuing additional coverages other than those listed above, please list the additional coverages in the Client Authorization to Bind. Major Changes to Expiring Program Coverage: Per Coverage Summary Premium: Per Premium Summary Exclusions: Per Policy 16.E.13.a Packet Pg. 2941 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 14 Service Commitment Account Service At Arthur J. Gallagher & Co., our goal is to provide you with an exceptional insurance and risk management program delivered by a world class service organization. Gallagher is committed to partnering with our clients to ensure we consistently deliver the highest quality service possible. Renewals We use a standard Renewal Timeline and start early to make sure your needs are met and we are able to offer you the most comprehensive and competitively priced insurance program. At each renewal, we will meet with you to establish a renewal game plan, determine how many markets should be approached, discuss pricing in the insurance marketplace, and identify what specific needs must be addressed. We will then approach markets that we feel will offer the best alternatives. These alternatives will be presented at renewal as an option, even if we feel the incumbent program is strongest. We will demonstrate how we have created competition within the marketplace to ensure that you receive the best renewal terms. We make ourselves accountable by working with you to develop a written service schedule that meets your needs. You can track our service by referring to our written service commitment. Service becomes especially important as your type of organization continues to change and prosper. Phone Calls Phone calls will be returned within one working day of receipt. Certificates of Insurance Certificates of Insurance will be issued within one working day of request. Claims Claims will be reported to the company within two working days of receipt, and acknowledgment of receipt will be sent to you. We will follow up with the carrier within ten working days after receipt of a claim. Monthly claim reports will be provided if requested. 16.E.13.a Packet Pg. 2942 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 15 Market Review We approached the following carriers in an effort to provide the most comprehensive and cost effective insurance program. INSURANCE COMPANY LINE OF COVERAGE RESPONSE Member Companies of Global Aerospace Aircraft Hull and Liability / Airport Liability Quoted (See Coverage / Premium Summary) Chubb / ACE Insurance Company Aircraft Hull and Liability / Aircraft Liability Quoted (See Coverage / Premium Summary) Member Companies of USAIG Aircraft Hull and Liability Quoted (See Coverage / Premium Summary) Starr Indemnity and Liability Company Aircraft Hull and Liability Quoted (See Coverage / Premium Summary) Old Republic Insurance Company Aircraft Hull and Liability Declined – EMS Operations AIG Aerospace Aircraft Hull & Liability No Response Falls Lake Insurance Company Aircraft Hull & Liability Quoted (See Coverage / Premium Summary) 16.E.13.a Packet Pg. 2943 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 16 Proposal Disclosures The following disclosures are hereby made a part of this proposal. Please review these disclosures prior to signing the Client Authorization to Bind or e-mail confirmation. Proposal Disclaimer IMPORTANT: The proposal and/or any executive summaries outline certain terms and conditions of the insurance proposed by the insurers, based on the information provided by your company. The insurance policies themselves must be read to fully understand the terms, coverages, exclusions, limitations and/or conditions of the actual policy contract of insurance. Policy forms will be made available upon request. We make no warranties with respect to policy limits or coverage considerations of the carrier. Compensation Disclosure 1. Gallagher Companies are primarily compensated from the usual and customary commissions, fees or, where permitted, a combination of both, for brokerage and servicing of insurance policies, annuity contracts, guarantee contracts and surety bonds (collectively “insurance coverages”) handled for a client’s account, which may vary based on market conditions and the insurance product placed for the client. 2. In placing, renewing, consulting on or servicing your insurance coverages, Gallagher companies may participate in contingent and supplemental commission arrangements with intermediaries and insurance companies that provide for additional compensation if certain underwriting, profitability, volume or retention goals are achieved. Such goals are typically based on the total amount of certain insurance coverages placed by Gallagher with the insurance company, not on an individual policy basis. As a result, Gallagher may be considered to have an incentive to place your insurance coverages with a particular insurance company. If you do not wish to have your commercial insurance placement included in consideration for additional compensation, contact your producer or service team for an Opt-out form. 3. Gallagher Companies may receive investment income on fiduciary funds temporarily held by them, or from obtaining or generating premium finance quotes, unless prohibited by law. 4. Gallagher Companies may also access or have an ownership interest in other facilities, including wholesalers, reinsurance intermediaries, captive managers, underwriting managers and others that act as intermediaries for both Gallagher and other brokers in the insurance marketplace some of which may earn and retain customary brokerage commission and fees for their work. If you have specific questions about any compensation received by Gallagher and its affiliates in relation to your insurance placements, please contact your Gallagher representative for more details. In the event you wish to register a formal complaint regarding compensation Gallagher receives from insurers or third-parties, please contact Gallagher via e-mail at Compensation_Complaints@ajg.com or by regular mail at: Chief Compliance Officer Gallagher Global Brokerage Arthur J. Gallagher & Co. 2850 Golf Rd. Rolling Meadows, IL 60008 TRIA/TRIPRA Disclaimer If this proposal contains options to purchase TRIA/TRIPRA coverage, the proposed TRIA/TRIPRA program may not cover all terrorism losses. While the amendments to TRIA eliminated the distinction between foreign and domestic acts of terrorism, a number of lines of coverage excluded under the amendments passed in 2005 remain excluded including commercial automobile, burglary and theft insurance; surety insurance, farm owners multiple perils and professional liability (although directors and officers liability is specifically included). If such excluded coverages are required, we recommend that you consider purchasing a separate terrorism policy. Please note that a separate terrorism policy for these excluded coverages may be necessary to satisfy loan covenants or other contractual obligations. TRIPRA includes a $100 billion cap on insurers' aggregate liability. TRIPRA is set to expire on December 31, 2027. There is no certainty of extension, thus the coverage provided by your insurers may or may not extend beyond December 31, 2027. In the event you have loan covenants or other contractual obligations requiring that TRIA/TRIPRA be maintained throughout the duration of your policy period, we recommend that a separate "Stand Alone" terrorism policy be purchased to satisfy those obligations. 16.E.13.a Packet Pg. 2944 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 17 Terms & Conditions Terms and Conditions It is important that we clearly outline the nature of our mutual relationship. The following terms and conditions (these “Terms”) govern your relationship with Gallagher unless you have separately entered into a written services agreement with Gallagher relative to the policies and services outlined in this Proposal, in which case that services agreement will govern and control with respect to any conflicts with these Terms. These Terms will become effective upon your execution of the Client Authorization to Bind Coverage (the “CAB”) included in this Proposal and shall survive for the duration of your relationship with Gallagher relative to the policies placed pursuant to the CAB or otherwise at your request. Services Gallagher will represent and assist you in all discussions and transactions with insurance companies relating to the lines of insurance coverage set forth in the CAB and any other lines of insurance coverage with which you request Gallagher’s assistance. Gallagher will consult with you regarding any matters involving these or other coverages for which you have engaged Gallagher. You have the sole discretion for approving any insurance policies placed, as well as all other material decisions involving your risk management, risk transfer and/or loss prevention needs. Although you are responsible for notifying applicable insurance companies directly in connection with any claims, demands, suits, notices of potential claims or any other matters as required by the terms and conditions of your policies, Gallagher will assist you in determining applicable claim reporting requirements. Treatment of Information Gallagher understands the need to protect the confidentiality and security of your confidential and sensitive information and strives to comply with applicable data privacy and security laws. Your confidential and sensitive information will be protected by Gallagher and only used to perform services for you; provided that Gallagher may disclose and transfer your information to our affiliates, agents or vendors that have a need to know such information in connection with the provision of such services (including insurance markets, as necessary, for marketing, quoting, placing and/or servicing insurance coverages). We may also disclose such information as required by applicable data protection laws or the order of any court or tribunal, subject to our providing you with prior notice as permitted by law. We will (i) implement appropriate administrative, physical and technical safeguards to protect personal information; (ii) timely report security incidents involving personal information to affected parties and/or regulatory bodies; (iii) create and maintain required policies and procedures; and (iv) comply with data subjects’ rights, as applicable. To the extent applicable under associated data protection laws, you are a “business” or “controller” and Gallagher is a “service provider” or “data processor.” You will ensure that any information provided to Gallagher has been provided with any required notices and that you have obtained all required consents, if any and where required, or are otherwise authorized to transfer all information to Gallagher and enable Gallagher to process the information for the purposes described in this Proposal and as set forth in Gallaher’s Privacy Policy located at https://www.ajg.com/privacy-policy/. Gallagher may update its Privacy Policy from time to time and any updates will be posted to such site. Dispute Resolution Gallagher does not expect that it will ever have a formal dispute with any of its clients. However, in the event that one should arise, we should each strive to achieve a fair, expedient and efficient resolution and we’d like to clearly outline the resolution process. 16.E.13.a Packet Pg. 2945 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 18 Terms & Conditions A. If the parties have a dispute regarding Gallagher’s services or the relationship governed by this Proposal (“Dispute”), each party agrees to resolve that Dispute by mediation. If mediation fails to resolve the Dispute, you and Gallagher agree to binding arbitration. Each party waives all rights to commence litigation in court to resolve a Dispute, and specifically waives all rights to pursue relief by class action or mass action in court or through arbitration. However, the parties do not waive the ability to seek a court order of injunction in aid of the mediation and arbitration required by these Terms. B. The party asserting a Dispute must provide a written notice (“Notice”) of the claim to the other party and to the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Mediation Procedures. All Dispute resolutions will take place in Chicago, IL, unless you and Gallagher agree to another location. The parties will equally divide all costs of the mediation and arbitration proceedings and will each pay their own attorneys’ fees. All matters will be before a neutral, impartial and disinterested mediator or arbitrator(s) that have at least 20 years’ experience in commercial and insurance coverage disputes. C. Mediation will occur within sixty (60) days of filing the Notice with the AAA. Mediation results will be reduced to a memorandum of understanding signed by you, Gallagher and the mediator. A Dispute that is not resolved in mediation will commence to binding arbitration. For Disputes in excess of $500,000, either party may elect to have the Dispute heard by a panel of three (3) arbitrators. The award of the arbitrator(s) must be accompanied by a reasoned opinion prepared and signed by the arbitrator(s). Except as may be required by law, neither you, Gallagher, nor a mediator or arbitrator may disclose the existence, content or results of any Dispute or its dispute resolution proceeding without the prior written consent of both you and Gallagher. Electronic Delivery In lieu of receiving documents in paper format, you agree, to the fullest extent permitted by law, to accept electronic delivery of any documents that Gallagher may be required to deliver to you (including, but not limited to, insurance policies and endorsements, account statements and all other agreements, forms and communications) in connection with services provided by Gallagher. Electronic delivery of a document to you may be made via electronic mail or by other electronic means, including posting documents to a secure website. Miscellaneous Terms Gallagher is engaged to perform services as an independent contractor and not as your employee or agent, and Gallagher will not be operating in a fiduciary capacity. Where applicable, insurance coverage placements and other services may require the payment of federal excise taxes, surplus lines taxes, stamping or other fees to the Internal Revenue Service, various State(s) departments of revenue, state regulators, boards or associations. In such cases, you will be responsible for the payment of the taxes and/or fees, which Gallagher will separately identify on related invoices. The Proposal and these Terms are governed by the laws of the State of Illinois, without regard to its conflict of law rules. If an arbitrator/court of competent jurisdiction determines that any provision of these Terms is void or unenforceable, that provision will be severed, and the arbitrator/court will replace it with a valid and enforceable provision that most closely approximates the original intent, and the remainder of these Terms will remain in effect. Except to the extent in conflict with a services agreement that you may enter into with Gallagher, these Terms and the remainder of the Proposal constitute the entire agreement between you and Gallagher with respect to the subject matter of the Proposal, and supersede all prior negotiations, agreements and understandings as to such matters. 16.E.13.a Packet Pg. 2946 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 19 Carrier Ratings and Admitted Status PROPOSED INSURANCE COMPANIES A.M. BEST'S RATING & FINANCIAL SIZE CATEGORY * ADMITTED/NON-ADMITTED ** Member Companies of Global Aerospace: American Alternative Insurance Company A+, XV Admitted American Commerce Insurance Company A, XI Admitted National Indemnity Company A++, XV Admitted Tokio Marine America Insurance Company A++, XV Admitted Westchester Fire Insurance Company A++, XV Admitted ACE Property & Casualty Insurance Company A++, XV Admitted Starr Indemnity and Liability Company A, XIV Admitted Falls Lake Insurance Company A, XV Admitted Member Companies of USAIG Liberty Mutual Insurance Company A+, XV Admitted *Gallagher companies use A.M. Best rated insurers and the rating listed above was verified on the date the proposal document was created. Best's Credit Ratings™ reproduced herein appear under license from A.M. Best and do not constitute, either expressly or impliedly, an endorsement of Gallagher’s service or its recommendations. A.M. Best is not responsible for transcription errors made in presenting Best's Credit Ratings™. Best’s Credit Ratings™ are proprietary and may not be reproduced or distributed without the express written permission of A.M. Best. A Best’s Financial Strength Rating is an independent opinion of an insurer’s financial strength and ability to meet its ongoing insurance policy and contract obligations. It is not a warranty of a company’s financial strength and ability to meet its obligations to policyholders. Best's Credit Ratings™ are under continuous review and subject to change and/or affirmation. For the latest Best’s Credit Ratings™ and Guide to Best’s Credit Ratings, visit the A.M. Best website at http://www.ambest.com/ratings. **If coverage placed with a non-admitted carrier, it is doing business in the state as a surplus lines or non-admitted carrier, and is neither subject to the same regulations as an admitted carrier nor do they participate in any state insurance guarantee fund. Gallagher companies make no representations and warranties concerning the solvency of any carrier, nor does it make any representation or warranty concerning the rating of the carrier which may change. 16.E.13.a Packet Pg. 2947 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 20 Compensation Disclosure Schedule COVERAGE(S) CARRIER NAME(S) WHOLESALER, MGA OR INTERMEDIARY NAME 1 EST ANNUAL PREMIUM 2 COMM. % OR FEE 3 GALLAGHER U.S. owned WHOLESALER, MGA or INTERMEDIARY % Aircraft Hull & Liability Member Companies of Global Aerospace Global Aerospace, Inc. $77,286 15% N/A Aircraft Hull & Liability Member Companies of USAIG USAIG $70,124 15% N/A Aircraft Hull & Liability Starr Indemnity and Liability Company Starr Aviation $93,316 15% N/A Aircraft Hull & Liability Falls Lake Insurance Company Air Centurian $34,080 15% N/A Airport Liability Member Companies of Global Aerospace Global Aerospace, Inc. $14,943 20% N/A Aircraft Hull & Liability Falls Lake Insurance Company ACE Aerospace $229,796 15% N/A Airport Liability ACE Property & Casualty Insurance Company ACE Aerospace $5,000 15% N/A 1. We were able to obtain more advantageous terms and conditions for you through an intermediary/wholesaler. 2. If the premium is shown as an indication: The premium indicated is an estimate provided by the market. The actual premium and acceptance of the coverage requested will be determined by the market after a thorough review of the completed application. 3. The commission rate is a percentage of annual premium excluding taxes & fees. * Gallagher is receiving commission on this policy. The fee due Gallagher will be reduced by the amount of the commissions received. . 16.E.13.a Packet Pg. 2948 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 21 Client Authorization to Bind Coverage After careful consideration of Gallagher’s proposal dated August 11, 2022, we accept the following coverage(s). Please check the desired coverage(s): COVERAGE/CARRIER ☐ Accept ☐ Reject Aircraft Hull & Liability Insurance, $274,807 Annual Premium ($77,286 Global Aerospace, $70,124 USAIG, $93,316 Starr Indemnity, and $34,080 Falls Lake Insurance Co) plus applicable Florida State Taxes ☐ Accept ☐ Reject Airport Liability Insurance, Member Companies of Global Aerospace, $2MM Liability Limit; $14,943 Annual Premium plus applicable Florida State Taxes ☐ Accept ☐ Reject Airport Liability Insurance, ACE Property & Casualty Insurance Company, $2MM Liability Limit; $5,000 Annual Premium plus applicable Florida State Taxes ☐ Accept ☐ Reject Aircraft Hull & Liability Insurance, Westchester Fire Insurance Company; $229,796 Annual Premium plus applicable Florida State Taxes ☐ Accept ☐ Reject Provide Quotations or Additional Information on the Following Coverage Considerations Gallagher recommends that you purchase the following additional coverages for which you have exposure. By checking the box(es) below, you are requesting that Gallagher provide you with a Proposal for this coverage. By not requesting a Proposal for this coverage, you assume the risk of any uncovered loss Cyber Liability Employment Practices Liability Crime The above coverage(s) does not necessarily represent the entirety of available insurance products. If you are interested in pursuing additional coverages other than those listed in the Additional Recommended Coverages, please list below: Producer/ Insured Coverage Amendments and Notes: 16.E.13.a Packet Pg. 2949 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & Collier County Board of Commissioners 2022 Arthur J. Gallagher & Co. All rights reserved. 22 Client Authorization to Bind Coverage Other Services to Consider By checking the box(es) below, you are requesting that Gallagher provide you with additional information for the following services: ☐ Gallagher STEP ☐ eRiskHub Exposures and Values You confirm the payroll, values, schedules, and any other information pertaining to your operations, and submitted to the underwriters, were compiled from information provided by you. If no updates were provided to Gallagher, the values, exposures and operations used were based on the expiring policies. You acknowledge it is your responsibility to notify Gallagher of any material change in your operations or exposures. Additional Terms and Disclosures Gallagher is not an expert in all aspects of your business. Gallagher’s Proposals for insurance are based upon the information concerning your business that was provided to Gallagher by you. Gallagher expects the information you provide is true, correct and complete in all material respects. Gallagher assumes no responsibility to independently investigate the risks that may be facing your business, but rather have relied upon the information you provide to Gallagher in making our insurance Proposals. Gallagher's liability to you arising from any of Gallagher’s acts or omissions will not exceed $20 million in the aggregate. The parties each will only be liable for actual damages incurred by the other party, and will not be liable for any indirect, special, exemplary, consequential, reliance or punitive damages. No claim or cause of action, regardless of form (tort, contract, statutory, or otherwise), arising out of, relating to or in any way connected with the Proposal, any of Gallagher’s services or your relationship with Gallagher may be brought by either party any later than two (2) years after the accrual of the claim or cause of action. Gallagher has established security controls to protect Client confidential information from unauthorized use or disclosure. For additional information, please review Gallagher’s Privacy Policy located at https://www.ajg.com/privacy-policy/. You have read, understand and agree that the information contained in the Proposal and all documents attached to and incorporated into the Proposal, is correct and has been disclosed to you prior to authorizing Gallagher to bind coverage and/or provide services to you. By signing below, or authorizing Gallagher to bind your insurance coverage through email when allowed, you acknowledge you have reviewed and agree with terms, conditions and disclosures contained in the Proposal. By: _______________________________________________________________________ Print Name (Specify Title) _______________________________________________________________________ Company _______________________________________________________________________ Signature Date: _______________________________________________________________________ 16.E.13.a Packet Pg. 2950 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & 23 16.E.13.a Packet Pg. 2951 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft & 24 16.E.13.a Packet Pg. 2952 Attachment: Collier County Board of Commissioners - 2022 Aviation Insurance Renewal Proposal (23082 : Approval to Purchase Aircraft &