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Agenda 10/25/2016 Item #16E 1 16.E.1 10/25/2016 EXECUTIVE SUMMARY Recommendation to award RFP#16-6613,Property and Casualty Brokerage Services to Insurance and Risk Management Services Inc. (IRMS). 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 of Commissioners 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 31,2016. 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 is included. On April 26, 2016 the Procurement Division released RFP#16-6613. One hundred forty two (142) firms were notified of the RFP. Twenty (20) firms downloaded the RFP. Four (4) proposals were received on May 27,2016. The four firms were: • Insurance and Risk Management Services • Public Risk Insurance Agency • Willis,Towers Watson • BB&T The Selection Committee met on July 13'and prepared an initial scoring of the proposals. The committee met again on July 22' to finalize the scoring of proposals. The consensus of the committee was to recommend an award to Insurance and Risk Management Services effective January 1,2017. The RFP does not include Aircraft and Airport brokerage services due to the specialized nature of this 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. 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 Packet Pg. 1620 16.E.1 10/25/2016 would be approximately $376,900 annually. IRMS proposed a flat fee of$75,000 annually and estimated Flood commissions earnings of$43,500 for total estimated compensation of$118,500 for calendar year 2017. This equates to annual program savings of approximately $258,400. 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 has been approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: That the Board approves the award of a contract for RFP#16-6613 to Insurance and Risk Management Services, Inc. and authorizes the Chairman to execute the contract after review and approval by the County Attorney. Prepared by: Jeff Walker, CPCU,ARM, Director, Risk Management ATTACHMENT(S) 1. 16-6613 Property Casualty Brokerage RFP(2) (DOCX) 2. 16-6613 Final Rank (PDF) 3.Agreement -approved by CAO (PDF) Packet Pg. 1621 16.E.1 10/25/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.1 Item Summary: Recommendation to award RFP #16-6613, Property and Casualty Brokerage Services to Insurance and Risk Management Services Inc. (IRMS). Meeting Date: 10/25/2016 Prepared by: Title: Division Director-Risk Management—Risk Management Name: Jeff Walker 09/21/2016 2:44 PM Submitted by: Title: Division Director-Risk Management—Risk Management Name: Jeff Walker 09/21/2016 2:44 PM Approved By: Review: Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 09/21/2016 4:25 PM Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 09/22/2016 1:27 PM Procurement Services Sandra Herrera Level 1 Purchasing Reviewer 1-4 Completed 09/29/2016 1:07 PM Procurement Services Allison Kearns Level 1 Purchasing Reviewer 1-4 Completed 10/03/2016 2:59 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/03/2016 3:11 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 10/10/2016 4:38 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/11/2016 8:38 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 10/11/2016 10:55 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2016 10:08 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2016 12:15 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM Packet Pg. 1622 16.E.1.a REQUEST FOR PROPOSAL a) L as �yL^� it ca z ca Cc is County U Administrative Ser,'ccs Department ca P=a; lent nu 1c..5 tPu sign 7, t3 a 0 L 0 To- <i) COLLIER COUNTY T BOARD OF COUNTY COMMISSIONERS a. 7. ct 0 0 Solicitation 16-6613 Property Casualty Brokerage Services E E 0 U a> Ct U, O N Rhonda Burns, FCCN, CPPB, Procurement Strategist 239-252-8941 (Telephone) rt a) 239-252-6700 (Fax) a RhondaBurns@colliergov.net(Email) o m Tria This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document as o made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any >, other legal remedies available to the Collier County Government. w 0 a cor �, ,, c, to ►� rn r;.n,,ntr .P,.,.,r i,tin r27 Trn;Pm 1 Tri 1 t I ^ r•t;m Tid .rTTI•1•, ,,;a;r h,.. ,ir.,., ,,1,....,ur m„n r.;^,rs C a) E 0 s-a Packet Pg. 1623 16.E.1.a Table of Contents a O ML LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 -a EXHIBIT II:GENERAL RFP INSTRUCTIONS 14 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 18 �a 0 L EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 22 d co- ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 31 ATTACHMENT 2:VENDOR CHECK LIST 32 T It ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 33 a. ccU- ATTACHMENT 4:VENDOR DECLARATION STATEMENT 34 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 36 ATTACHMENT 6:IMMIGRATION AFFIDAVIT CERTIFICATION 37 0 ATTACHMENT 7:VENDOR SUBSTITUTE W-9 38 :a ATTACHMENT 8:INSURANCE AND BONDING REQUIREMENTS 39 a a) ATTACHMENT 9:REFERENCE QUESTIONNAIRE 42 E E ATTACHMENT A: SUMMARY OF LOCATIONS 43 2015 PROPERTY INSURANCE COVERAGE SUMMARY 44 m 2015 PROPERTY INSURANCE PROGRAM LAYERING 45 2016 RENEWAL SUMMARY 46 inn 0 Q. W a) O) ctsL a) O L A 4.. N U a) 0 O L M (0 CO a) E RFP 16-6613 RFP_Non_CCNATemplate_01202016 r 2 Packet Pg. 1624 16.E.1.a Collier CountyT. Administrative Services Department o Procurement Services Divinion 2 co >, Legal Notice Sealed Proposals to provide Property Casualty Brokerage Services will be received until 2:30 PM c_) Naples local time, on May 23, 2016 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. 0 Solicitation ci Property Casualty Brokerage Services Services to be provided may include, but not be limited to the following: Insurance brokerage and assorted risk management services. L A non-mandatory pre-proposal conference will be held on May 4, 2016, commencing promptly at 10:00 AM, and will be held in the Purchasing Department Conference Room, Collier County o Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.. If this pre-proposal o conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. c All statements shall be made upon the official proposal form which may be obtained on the Collier o County Purchasing Department Online Bidding System website: www.colliergov.net/bid. a Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS N COLLIER COUNTY, FLORIDA, oL 0) BY: /S/ Joanne Markiewicz Director, Procurement Services o L This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Tsi Government Center on April 26, 2016. >, ra. � Pr u,mc er.M:,41tm,T 3W;:vi; Ndirst.N:As-Fom 1114_Ji.v« Moro,'.ne r.r<sang fS? CQ 4^J a-+ cN RFP 16-6613 v ccs RFP_Non_CCNATemplate_01202016 3 Packet Pg. 1625 16.E.1.a Exhibit I: Scope of Work, Specifications and Response Format rn a) As requested by the Collier County Risk Management Division (hereinafter, the "Division or ° Department"), the Collier County Board of County Commissioners Procurement Services Division m (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the ci requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. o n. Brief Description of Purchase The Risk Management Division of Collier County Government is seeking Insurance brokerage and assorted risk management consulting services.. Historically, County departments have spent approximately $90,000.00 dollars annually. Background o 0 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 and 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 .4- Aggregate Insurance program with primary layers underwritten through Princeton Excess Insurance N Company and excess layers through alternative carriers. A complete program outline of all coverage(s) included in the county's property and casualty program can be found in Attachment A. N The county also purchases certain airport, aircraft, environmental, mechanical breakdown, builders' a. risk, and other coverage independently of the All Lines Aggregate Program. These may be found in ce Attachment A as well. a, etsw 0 Detailed Scope of Work ` The successful firm shall demonstrate its ability to provide the following scope of services. 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 0 review various risk financing strategies including programs which encompass the county's current a 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) RFP 16-6613 RFP_Non_CCNATemplate_01202016 4 Packet Pg. 1626 16.E.1.a year schedule, depending upon market conditions or any other decision factors to include direction as by senior management or direction by the Board of Commissioners. L as 2) Except for those years when a complete program marketing effort is sought, the successful firm m 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 15th of each year, but in no case shall the renewal program be presented later than September 1st of each v year. 3) Assist the Risk Management staff in the development of budgeted rate structures by line of insurance; the development and maintenance of loss sensitive premium allocation systems; and o assistance with the property and casualty fund management, as needed. The selected vendor o shall coordinate and complete the following projects: a) The development of the annual Workers' Compensation budget allocation by cost center. a3 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 ft three year net paid average. b) The development of the annual property, liability, automobile, and monoline budget ca allocation. Premiums are allocated by net operating budget; buildings/structures, contracts and business income; as well as exposure. 0 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 73 and levels of coverage necessary for proposed county contracts, as needed. Conference with county vendors regarding contract issues as needed. o U 5) Request proposals from qualified third party claims administrators, evaluate these proposals, ce 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 i" claims administration issues; negotiate fees. Collier County may perform the selection of third ft party claims administrators through a Request for Proposal Process. C3 6) Review accounting data received from carriers to assess accuracy and initiate billing activity; resolve accounting differences or discrepancies. o m 7) Issue binders and insurance certificates of coverage on behalf of the county; request endorsements from carriers and issue identification cards for automobile insurance. Ta N 8) Analyze insurance market trends and report in advance on the affect that trends will have on pricing and coverage availability. a) 0 9) Perform an annual audit of the Workers' Compensation classification coding by job title. ci 10) Provide up to sixteen (16) hours of training services to county staff per year on insurance and risk management topics, as needed. a) E RFP 16-6613 �i RFP_Non_CCNATemplate_012020164(2 5 Packet Pg. 1627 16.E.1.a 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. m` 12) Coordinate an annual actuarial evaluation of the program to determine funding requirements; seek written quotations and recommend a vendor; 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 c`ay the Risk Management Director. This final actuarial report is to be completed by November 15th of 0 each year for the previous fiscal year ended September 30th. Collier County may contract separately to perform the annual actuarial evaluation. 0 0 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. n 14) Provide access to and consulting advice regarding the potential for utilizing new and emerging risk 47 financing programs including Wrap-up Programs or other types of programs. The fee for the u. implementation of such programs is not included in this proposal, however, if implemented a feecc 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 RFP. cisa 15) Provide resources and information necessary to support the County's Risk Management operations such as ACCORD forms; standard and manual rates; access to classification standards; policy forms; etc. a, 16) Provide claims management support as needed. Provide onsite claims support for functions E related to natural or man-made disasters, if needed. as 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. N 18) The successful vendor shall designate a highly qualified service team to provide services to the County's Risk Management staff. The vendor shall make staff available for a monthly planning LL meeting as well as any meetings necessary to complete assigned projects. cc a) Conditions 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. 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. t as Firms who have a financial interest in a third party administrator, insurance company, servicing o company or other entity which it intends to propose if chosen, must disclose such financial interest a and must demonstrate their ability to meet the scope of services independently of such financial interests. to The successful firm shall demonstrate a proven record of providing services of this type to clients of the same size, nature, and complexity as Collier County. E RFP 16-6613 .� RFP_Non_CCNATemplate_01202016 6 Packet Pg. 1628 16.E.1.a The successful firm must possess all necessary licenses to perform the above-mentioned services as may be required by the State of Florida. 65 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 successful firm shall be compensated on a monthly basis at 1/12th 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 o termination of the contract. 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 T or the annual fee shall be re-negotiated. The successful firm shall provide an annual statement from each carrier confirming that the insurance carrier has paid no commissions. Additionally, the County reserves the right to seek additional relevant records as a means of enforcing this provision. u_ Term of Contract O The contract term, if an award(s) is/are made is intended to be three (3) years with two (2) one (1) o year renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract anniversary date, in writing, to the Procurement o Director. Price adjustments are dependent upon the budget availability and program manager approval. •r Surcharges will not be accepted in conjunction with this contract, and such charges should be N incorporated into the pricing structure. N n U- Projected Solicitation Timetable a) c) The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP o process. Event Date Issue Solicitation Notice April 26, 2016 v Last Date for Receipt of Written Questions May 19, 2016, 4:00 PM, Naples Local Time a Pre-Proposal meeting May 4, 2016, 10:00 a AM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- TBA Proposal Conference Solicitation Deadline Date and Time May 23, 2016, 2:30 RFP 16-6613 RFP_Non_CCNATemplate_01202016 7 Packet Pg. 1629 16.E.1.a PM, Naples Local a, Time Anticipated Evaluation of Submittals June 2016 Y Vendor Presentations if Required TBD m Anticipated Completion of Contract Negotiations TBD Anticipated Board of County Commissioner's Contract August—September Approval Date 2016 0 Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms o and conditions of same, and all ordinances and policies of Collier County. The Vendor further c_ agreesthat 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 RFP. ce 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. However, any proposal that contains such variances may be considered non-responsive. 2 0 Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. 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. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary(0 points) ° 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 2 of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. To' 2. Tab II, Professional and Technical Insurance Capabilities (20 Points) Please describe the knowledge of and experience with public entity programs and markets; o 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. C' RFP 16-6613 RFP_Non_CCNATemplate_01202016 8 Packet Pg. 1630 16.E.1.a as a) Do the personnel listed on Attachment 10 have direct experience in the marketing and placement of public entity property and casualty insurance programs? 2 oxo b) Please list the number and size of public entity clients your firm has serviced. Client Premium Revenue c> 1) 2) >, 3) 4) o L 5) a- 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? a_ e) Do the personnel assigned to service the County have experience in the type of program (All Lines Aggregate) currently utilized by Collier County? 0 f) Can your firm represent the current insurance program utilized by the County or are youas prohibited from representing this program or any part thereof? c a> E E g) Do you have an established relationship with the wholesale brokers, carriers, or other intermediaries for the county's current program? cc U, h) Have you worked under a fee arrangement in the past? N_ e. LL 3. Tab III, Risk Management Consulting Capabilities (20 Points) a) Ability to provide consulting services in the areas of risk identification, contract analysis, contractual insurance language and make appropriate recommendations; premium allocation o 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? e, b) Do you provide contract analysis for your clients? Do you have experience in developing n contractual insurance language for your clients? Please describe. u _ a) E RFP 16-6613 ca RFP_Non_CCNATemplate01202016 9 Packet Pg. 1631 16.E.1.a c) Have you developed an experienced rated premium allocation program for your large clients? Please name the client and describe the allocation method? a) 2 L 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 70 ask? U 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 initated and why have you not done so? a cl0 L a. f) Does your firm have staff loss control consultants? What are the minimum credentials for ri these individuals? CD 47 g) Give three or four examples of the types of services your loss control personnel provide to LL your clients. What impact or positive result did the program produce? ce L ct h) Would loss control personnel be available to provide advice on various loss control questions o or concerns as part of this proposal (see scope of services)? o i) Have you provided consulting assistance to your clients regarding the selection or administration of a risk management information system? Please describe. E c a ai 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 years? Please refer to Attachment A: Summary of Covered Locations; 2015 Property Insurance Coverage Summary; and 2015 Property Insurance Program Layering. a U- k) Please describe a strategy or approach you might utilize to address the issue of the capacity ca and price of property insurance to the County over the next three years. m I) Have you assisted clients in the development of in house claims administration systems? If so, please describe. What was involved and what was the total of the outcome? 4. Tab IV, Customer Service (15 Points) Demonstrated communication skills of the principles and support staff; their ability to solve o problems; pro-activity; ability to think creatively; ability to listen; depth and quality of the o_ support team; compatibility; accessibility and responsiveness of senior management. a) Please describe the methods you use to keep your clients informed of changes occurring in c the insurance industry? RFP 16-6613 RFP_Non_CCNATem plate_01202016 o., 10 Packet Pg. 1632 16.E.1.a m as Ca L a) b) How do you and your staff maintain a pro-active approach to client service? 2 m c) Give two significant examples where you have instituted solutions for your clients before they were sought. U Ca d) What are the interpersonal skills or qualities you consider important in service personnel? a 0 e) Describe your philosophy of customer service delivery; how do you achieve it and measure the satisfaction. 47 a. f) To what extent will senior management(i.e. the producer) be involved in the servicing of this cc account? 5. Tab V, Managerial and Service Skills (15 Points) 0 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 a) E E a) Please describe the internal service standards you have established for servicing your clients. 8 cc b) What methods will you use to assure that you are providing the highest level of service to 0 Collier County? N d LL c) Please describe how you will approach the three-year marketing project as described in the Scope of Services? aa cad) 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? CC ns e) Please describe how you will manage the annual renewal project as described in the Scope of Services? 0 tl 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? 6. Tab VI, Proposal Price (20 Points) RFP 16-6613 U m RFP_Non_CCNATemplate_01202016 11 Packet Pg. 1633 16.E.1.a as *All program premiums and charges are to be written net of commission (or included) unless the a 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. cr, ns 0 Period Fee Proposal *Estimated Commissions Total c 1/1/17 to 12/31/17 1/1/18 to 12/31/18 1/1/19 to 12/31/19 a Describe the reason for acceptance of commissions below, if applicable. To- If you are deviating from the scope of services or the pricing structure, please describe your oe alternative pricing arrangement below: 7. Tab VII, References (10 points) 0 In order for the vendor to be awarded any points for this tab, the County requests that the o vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology c calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: ce • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). `:' • The greatest number of points allowed in this criterion will be awarded to the vendor whoce has the highest score. 0 • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. 2 • Points awarded will be extended to the whole number per Microsoft Excel. m For illustrative purposes only, see chart for an example of how these points would be N distributed among the five proposers. Vendor Name Vendor Total Reference Points Awarded Score Vendor ABC 445 20 M Vendor DEF 435 19.6 0 Vendor GI-II 425 19.1 Vendor JKL 385 17.3 .;r Vendor MNO 385 17.3 E RFP 16-6613 1-c RFP_Non_CCNATemplate_01202016 12 Packet Pg. 1634 16.E.1.a Vendor PQR 250 11.2 Note:Sample chart reflects a 20 point reference criterion. a) The points awarded by vendor will be distributed to the Selection Committee prior to their 2 evaluation of the proposals. The Selection Committee will review the vendor's proposal to m ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per 7.6 vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 8. Tab VIII, Acceptance of Conditions 0 L a Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this TD- tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee °: consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 9. Tab IX, Required Form Submittals o 0 • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement a) • Attachment 5: Affidavit for Claiming Status as a Local Business o • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Other: i.e. signed addenda, licenses or certifications, promotional materials, etc. a_ U- cc 0 0 co Ca V d.+ L a- 0 SIL LL (0 1 CO .J a) E RFP 16-6613 U RFP_Non_CCNATemplate_01202016 13 Packet Pg. 1635 16.E.1.a Exhibit II: General RFP Instructions 0 a> 1. Questions ° Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. L 2. Pre-Proposal Conference o The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will �, be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. ± 7. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 0 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 0 4. Ambiguity, Conflict, or Other Errors in the RFP cc •ct It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, N discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written a. revision and will give written notice to all parties who have received this RFP from the Purchasing ce Department. Ta L 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals 0 All proposals are to be delivered before 2:30 PM, Naples local time, on or before May 23, 2016 a to: M Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 RFP 16-6613 RFP_Non_CCNATemplate_01202016 14 Packet Pg. 1636 16.E.1.a Attn: Rhonda Burns, FCCN, CPPB, Procurement Strategist T. The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by m Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may c.a include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS c or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. a. Vendors must submit one (1) paper copy clearly labeled "Master," and 6 flash drives with one 00- copy copy of the proposal on each flash drive in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. a. 7. Validity of Proposals 11. No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. o 8. Method of Source Selection a) E The County is using the Competitive Sealed Proposals methodology of source selection for this a procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. ='- n. u. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 0 1. The County Manager or designee shall appoint a selection committee to review all m proposals submitted. 2. The Request for Proposal is issued. 3. Subsequent to the receipt closing date for the proposals, the Procurement professional will v review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 4. Selection committee meetings will be open to the public and the Procurement professional 2 will publicly post prior notice of such meeting(s) in the lobby of the Purchasing Building and °- M on the County's Procurement Services Internet site. 5. Prior to the first meeting (Organization Meeting) of the selection committee, the Procurement professional will post a notice announcing the date, time and place of the meeting at least three (3) working days prior to the meeting. At the initial organization meeting, the selection committee members will receive instructions, the submitted RFP 16-6613 v RFP_Non_CCNATemplate_01202016 15 Packet Pg. 1637 16.E.1.a proposals, and establish the next selection committee meeting date and time. After the CD first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be a) posted with at least one (1) day advanced notice. o 6. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 7. At the scheduled selection meeting, the members will present their independent findings/ conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. At the conclusion of that a 0 discussion, members of the public will be offered an opportunity(not to exceed three (3) a. minutes)to provide comments. 8. At the conclusion of public comments (provided for in number 7), the selection committee members will individually rank order each proposer. Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a u. history of successfully completing projects of this type, including, without limitation, ce P. additional information Collier County may request, clarification of proposer information, public comments, and/or additional credit information. cc 9. Once the individual ranking has been completed, the Procurement professional will direct o selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. 10. In any of the selection committee meeting deliberations, by consensus, members may E request to invite proposers in to clarify their proposals, ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all S information obtained through this method in formulating their individual ranking and ce subsequent selection committee overall ranking and final ranking. 11. The selection committee's overall rank of firms in order of preference (from highest o beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Strategist. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a LL final ranking and staff will subsequently enter into negotiations. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. m` The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights a upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. o Proposals which include provisions requiring the granting of zoning variances shall not be ` considered. M c a) E RFP 16-6613 J RFP_Non_CCNATemplate_01202016 •i12. ZC 16 Packet Pg. 1638 16.E.1.a 10. References 0a The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors (12 The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. List evaluation factors and points (see below for examples) CL 0 Tab Ii, Professional and Technical Insurance Capabilities 20 Tab III, Risk Management Consulting Capabilities 20 Tab IV, Customer Service 15 Tab V, Managerial and Service Skills 15 Tab VI, Price 20 T Local Vendor Preference 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm withco the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial o system) within the last five (5) years will receive the higher individual ranking. If there is a multiple o firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next c highest ranking and so on. E E 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. ;! Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any �, other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. o L co U) U Y 0 0. 0 L d M cp0 E RFP 16-6613 RFP_Non_CCNATemplate_01202016 17 Packet Pg. 1639 16.E.1.a Exhibit III: Collier County Purchase Order Terms and Conditions a, 03 L a) 1. Offer and to comply with all carrier 2 This offer is subject to cancellation by the regulations. Risk of loss of any goods m COUNTY without notice if not accepted by sold hereunder shall transfer to the a VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior v to actual receipt of the goods by the -a 2. Acceptance and Confirmation COUNTY nonetheless remain with a This Purchase Order (including all VENDOR. >, documents attached to or referenced b) No charges will be paid by the COUNTY a therein) constitutes the entire agreement for packing, crating or cartage unless o between the parties, unless otherwise otherwise specifically stated in this n specifically noted by the COUNTY on the Purchase Order. Unless otherwise K; face of this Purchase Order. Each delivery provided in Purchase Order, no invoices o of goods and/or services received by the shall be issued nor payments made to COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and Tt be upon the terms and conditions contained other charges are itemized, any a. in this Purchase Order. discount will be taken on the full amount ce of invoice. -a No additional terms may be added and c) All shipments of goods scheduled on the 3 Purchase Order may not be changed except same day via the same route must be as by written instrument executed by the consolidated. Each shipping container o COUNTY. VENDOR is deemed to be on must be consecutively numbered and c o notice that the COUNTY objects to any marked to show this Purchase Order . additional or different terms and conditions number. The container and Purchase 'a contained in any acknowledgment, invoice Order numbers must be indicated on bill a, or other communication from VENDOR, of lading. Packing slips must show E notwithstanding the COUNTY'S acceptance Purchase Order number and must be c o or payment for any delivery of goods and/or included on each package of less than ec services, or any similar act by VENDOR. container load (LCL) shipments and/or .. with each car load of equipment. The in 3. Inspection COUNTY reserves the right to refuse or c All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked N COUNTY'S inspection and approval and with Purchase Order numbers. a payment therefore shall not constitute VENDOR agrees to declare to the , acceptance. All payments are subject to carrier the value of any shipment made 0 adjustment for shortage or rejection. All under this Purchase Order and the full ra defective or nonconforming goods will be invoice value of such shipment. 0 returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific m information as identified on the = To the extent that a purchase order requires Purchase Order. Discounts of prompt cn a series of performances by VENDOR, the payment will be computed from the date v COUNTY prospectively reserves the right to of receipt of goods or from date of >, cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a o early in the term of the Purchase Order are proper invoice and in compliance with a. non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise r, COUNTY. known as the "Local Government o 4. Shipping and Invoices Prompt Payment Act," and, pursuant to `a' en a) All goods are FOB destination and must the Board of County Commissioners ,,,- be rbe suitably packed and prepared to Purchasing Policy. c secure the lowest transportation rates a' E RFP 16-6613 t Zi RFP_Non_CCNATemplate_01202016 18 Packet Pg. 1640 16.E.1.a 0 a 5. Time Is Of the Essence and transportation shall conform to all c Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the m essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or Fs reasonable time, as interpreted by the regulation noted on the face of the Purchase a COUNTY in its sole judgment, shall entitle Order. m U the COUNTY to seek all remedies available -a to it at law or in equity. VENDOR agrees to 9. Advertising c reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that 0 further agrees that undiscovered delivery of it has contracted with the COUNTY for o nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S CD Purchasing Department. 47 6. Changes a. a. The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification zs and specifications, shipping instructions, VENDOR shall indemnify and hold harmless as quantities and delivery schedules within the the COUNTY from any and all claims, as general scope of this Purchase Order. including claims of negligence, costs and 2 Should any such change increase or expenses, including but not limited to a 0 decrease the cost of, or the time required for attorneys' fees, arising from, caused by or 'a performance of the Purchase Order, an related to the injury or death of any person -a equitable adjustment in the price and/or (including but not limited to employees and a) delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to o the foregoing, VENDOR has an affirmative property (including property of the COUNTY 0 ix obligation to give notice if the changes will or other persons), which arise out of or are .. decrease costs. Any claims for adjustment incident to the goods and/or services to be co by VENDOR must be made within thirty(30) provided hereunder. o N days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement N be agreed upon by the parties. VENDOR represents and warrants that all a. goods sold or services performed under this a 7. Warranties Purchase Order are: a) in compliance with 0 VENDOR expressly warrants that the goods applicable laws; b) do not infringe any ca and/or services covered by this Purchase patent, trademark, copyright or trade secret; Y Order will conform to the specifications, and c)do not constitute unfair competition. 2 drawings, samples or other descriptions al furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless .a will be of satisfactory material and quality the COUNTY from and against any and all a production, free from defects and sufficient claims, including claims of negligence, costs t) for the purpose intended. Goods shall be and expense, including but not limited to >, delivered free from any security interest or attorneys' fees, which arise from any claim, a) other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or a. inspection, acceptance, passage of title and services provided under this Purchase Order r-, payment by the COUNTY. are inconsistent with VENDOR'S co representations and warranties in section 11 co 8. Statutory Conformity (a). Goods and services provided pursuant to c this Purchase Order, and their production a) RFP 16-6613 o RFP Non Z.5CCNATemplate_01202016 ;, 19 < Packet Pg. 1641 16.E.1.a a) co If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has 2 COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force m the right to continue using the goods or majeure or other conditions which will delay —>' services, or replace or modify the goods or or threatens to delay timely performance of N services so that they become non-infringing, this Purchase Order, VENDOR shall v (without any material degradation in immediately give notice thereof, including all -a performance, quality, functionality or relevant information with respects to what c ra additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. ° 0 The VENDOR, at its sole expense, shall a, provide commercial insurance of such type 15. Assignment r; and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due to Order. Providing and maintaining adequate without the prior written consent of the g7 insurance coverage is a material obligation COUNTY. Any assignment made without o. of the VENDOR. All insurance policies shall such consent shall be deemed void. LL' ct be executed through insurers authorized or -a eligible to write policies in the State of 16. Taxes o Florida. Goods and services procured subject to this as Purchase Order are exempt from Florida .2 13. Compliance with Laws sales and use tax on real property, transient o In fulfilling the terms of this Purchase Order, rental property rented, tangible personal :g VENDOR agrees that it will comply with all purchased or rented, or services purchased -a federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from m and ordinances that are applicable to the federal excise tax. E conduct of its business. By way of non- c exhaustive example, this shall include the 17. Annual Appropriations m ct American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be d- basis of race, religion, sex creed, national contingent upon an annual appropriation of N origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges cV and without exception or stipulation shall be 18. Termination a fully responsible for complying with the This Purchase Order may be terminated at re provisions of the Immigration Reform and any time by the COUNTY upon 30 days a Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated Y thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this m laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such c County shall have the discretion to breach and VENDOR has failed to cure c� unilaterally terminate said agreement within 10 days of receipt of such notice. y immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General o material and substantial breach of the a) This Purchase Order shall be governed a contract arising from this Purchase Order. by the laws of the State of Florida. The r, venue for any action brought to co 14. Force Majeure specifically enforce any of the terms and t° ccs Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall ,- responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida E E RFP 16-6613 r RFP_Non_CCNATemplate_01202016 20 Packet Pg. 1642 16.E.1.a a) b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter a' this Purchase Order by VENDOR shall 112.061, Per Diem and Travel co not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or ctr deemed a waiver of any subsequent among the terms of any Contract cco default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of a overnight courier service, or by personal this Purchase Order duplicate or overlap a delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the14. cL with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of -a any travel expenses that may be m a: U CP' lCi LL cts O i O E�. M C9 tb t9 cv RFP 16-6613 RFP_Non_CCNATemplate_01202016 as 21 Packet Pg. 1643 16.E.1.a Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements resL (s) The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. C v The County and the Vendor waive against each other and the County's separate Vendors, 0 Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all cta damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. T.; Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work a. performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this o solicitation and shall contain a severability of interests provisions. 0 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The E "Certificate Holder" should read as follows: as Collier County Board of County Commissioners o Naples, Florida c‘s The amounts and types of insurance coverage shall conform to the minimum requirements set forth a. in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO)forms and re endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or ` deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work cts until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. as o_ 0 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor to from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor RFP 16-6613 RFP_Non_CCNATemplate_01202016 22 Packet Pg. 1644 16.E.1.a hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. a, Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such 2 coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the m County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The c decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. a. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the a scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of c6- Insurance Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for cc, the County to terminate any and all contracts. a. LL 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of o the successful vendor. c 0 3. Additional Items and/or Services c) Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 0 a, tr 4. County's Right to Inspect •; The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. a. 5. Vendor Performance Evaluation 0 The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. >' 6. Additional Terms and Conditions of Contract N Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. o. The resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: 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 RFP 16-6613 RFP_Non_CCNATemplate_01202016 23 Packet Pg. 1645 16.E.1.a 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. m Ta Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times 2 hourly rate), and for materials and equipment used in the project(cost of materials plus the m contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company(or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. L 0 Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.)for a repetitive product or service delivered (i.e. installation 0.; price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). r The County reserves the right to include in any contract document such terms and conditions, as it a. deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 0 The County's project manager, shall coordinate with the Vendor/ Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. •° 7. Payment Method E E 0 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: •• • Purchase Order Number o • Description and quantities of the goods or services provided per instructions on the County's `= purchase order or contract. a. Invoices shall be sent to: cc a) Board of County Commissioners Clerk's Finance Department o m` ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 l) Or emailed to: bccapclerk@collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services o as part of this agreement. M Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. CD E RFP 16-6613 c RFP_Non_CCNATemplate_01202016 24 Packet Pg. 1646 16.E.1.a • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. T. The County may not accept any additional surcharges (credit card transaction fees) as a result of 2 using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be A submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. co Payments will be made for articles and/or 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 contract. 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. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in E association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety m C) All Vendors and Sub vendors performing service for Collier County are required and shall comply o with all Occupational Safety and Health Administration (OSHA), State and County Safety and ` Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that To may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, o property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This ri provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. c a) RFP 16-6613 ra RFP_Non_CCNATemplate_01202016 25 Packet Pg. 1647 16.E.1.a All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses n� a L The Vendor is required to possess the correct Business Tax Receipt, professional license, and any m other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal v response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract c documents. Failure on the part of any Vendor to submit the required documentation may be aj grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also 0 required to have an occupational license. M All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier 47 County. a. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at(239) 252-2431, 252-2432 or 252-2909. Questions cc regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- o 2477. Y 10. Principals/Collusion Bysubmission of this Proposal the undersigned, as Vendor, does declare that the only p 9 person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a d: Proposal, and that it is in all respects fair and in good faith without collusion or fraud. N 11. Relation of County a. It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be a} considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in o either bodily or personal injury or property damage to any individual, firm, or corporation. m 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may a terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be o sole judge of non-performance. a 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. RFP 16-6613 RFP_Non_CCNATemplate_01202016 26 Packet Pg. 1648 16.E.1.a Firms and their agents are not to contact members of the County Commission for such purposes as a, meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure m to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance c� a The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. o 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) M In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number 04 shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award o to another firm. 0 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as ° a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- cc consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 17. Survivability Purchase Orders: The Consultant agrees that any Purchase Order that extends beyond the v expiration date of the original Solicitation 16-6613 will survive and remain subject to the terms and o conditions of that Agreement until the completion or termination of this Purchase Order. 18. Protest Procedures ics Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. c) The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director a) RFP 16-6613 RFP—Non—CCNATemplate_01202016 27 Packet Pg. 1649 16.E.1.a within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. w a) Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the 2 "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime N U A person or affiliate who has been placed on the convicted vendor list following a conviction for a 0 public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or o replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. a 20. Security and Background Checks re L If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees o 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. c Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. E 0 U 21. Conflict of Interest ce Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP o document. Disclosure of any potential or actual conflict of interest is subject to County staff review `=' and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. n 22. Prohibition of Gifts to County Employees Ia L No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, o service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance 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 cc period of time; b. Prohibition by the individual and/or firm from doing business with the County for a U specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 0 L 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 0 RFP 16-6613 CO RFP_Non_CCNATemplate_01202016 28 Packet Pg. 1650 16.E.1.a The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security(DHS) in partnership with the Social Security Administration (SSA), provides an Internet- 0 based means of verifying employment eligibility of workers in the United States; it is not a substitute 2 for any other employment eligibility verification requirements. The program will be used for Collier 0 County formal Invitations to Bid (ITB)and Request for Proposals (RFP) including professional 2 services and construction services. a To Exceptions to the program: as • Commodity based procurement where no services are provided. ca • Where the requirement for the affidavit is waived by the Board of County Commissioners c cc a Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of a) their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable o evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of a the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also M required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the cn BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. w T. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all 3 purchases not covered under the "Exceptions to the program" clause above. cz 0 For additional information regarding the Employment Eligibility Verification System (E-Verify) program c 0 visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to 'T familiarize themselves with all rules and regulations governing this program. c a) E Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be o fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 a as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and w with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award o agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. N Q. LJ- 24. Collier County Local Preference Policy cc a> tz Collier County provides an incentive to local business to enhance the opportunities of local co businesses in the award of County contracts. In the evaluation of proposals, the County rewards o Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion m points. B 03 Local business means the vendor has a current Business Tax Receipt issued by the Collier Countycil ci Tax Collector for at least one year prior to bid or proposal submission to do business within Collier >, County, and that identifies the business with a permanent physical business address located within a) the limits of Collier County from which the vendor's staff operates and performs business in an area o zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- . permanent structure such as a construction trailer, storage shed, or other non-permanent structure ro- shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development to and well-being of Collier County in a verifiable and measurable way. This may include, but not be t limited to, the retention and expansion of employment opportunities, support and increase to the RFP 16-6613 u V REP_Non_CCNATemplate_01202016 29 Packet Pg. 1651 16.E.1.a County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 2 Under this solicitation proposers desiring to receive local preference will be invited and required toca affirmatively state and provide documentation as set forth in the solicitation in support of their Es status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. a) a 2 For all purchases of commodities and services procured through a competitive proposal process 0_ and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. a. u_ a: The vendor must complete and submit with their proposal response the Affidavit for Claiming Status R as a Local Business which is included as part of this solicitation. ns 0 Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. ca A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. c U a) et U, 0 N r•-.1 n. a) tlf a) 0 co W ..1 CC U) V a) a. 0 L M (19 CC G a) E RFP 16-6613 RFP_Non_CCNATemplate_01202016 30 Packet Pg. 1652 16.E.1.a c th er C01,411tY Administrative So'icos Department PfpvJrGiTl-n °es DIL'IsIJ�i Attachment 1: Vendor's Non-Response Statement m The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective c� Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please -ac indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on CS5 . the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. o We are not responding to Solicitation RFP 16-6613 Property Casualty Brokerage Services for the following reason(s): o [ Services requested not available through our company. 47 LL Our firm could not meet specifications/scope of work. [ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ti ❑ Project is too small. o Insufficient time allowed for preparation of response. Incorrect address used. Please correct mailing address: o U CL' d Lt) SV ❑ Other reason(s): LL cr w Name of Firm: o Address: City, State, Zip: Telephone: 0 Email: M Representative Signature: (-o Representative Name: Date RFP 16-6613 RFP_Non_CCNATemplate_01202016 31 Packet Pg. 1653 16.E.1.a Caber County ° Aaministrative Services'Department Proc,jremen,ber:=ces Di is 3r1 63 ° L Attachment 2: Vendor Check List 0° IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: -0 ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. (.9 ❑ The mailing envelope has been addressed to: Collier County Government ce Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn:Rhonda Burns, FCCN, CPPB, Procurement Strategist 0 (l The mailing envelope must be sealed and marked with Solicitation RFP 16-6613 Property Casualty Brokerage Services and May 23, 2016. E ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) oc ❑ If submitting a manual bid, include any addenda (initialed and dated noting understanding and o receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. a u_ cc ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. .�c Name of Firm: m`° Address: U, City, State, Zip: Telephone: a 0 L o_ Email: M ca Representative Signature: Representative Name: Date a E RFP 16-6613 RFP_Non_CCNATemplate_01202016 32 Packet Pg. 1654 16.E.1.a Collier C01414ty as Administrative Services Department FmcurenentSerrces U'sinr 2 L Attachment 3: Conflict of Interest Affidavit m r-. z By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. o n. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. a Firm: a. a Signature and Date: Ct Print Name Title of Signatory ° Ca a) E E State of a> cc County of 0 SUBSCRIBED AND SWORN to before me this day of , N 20 by , who is personally known to me to be the a. for the Firm, OR who produced the following identification a) as a> :.0 Notary Public O m` My Commission Expires U) 0 O L a_ c) CD CD c a) E RFP 16-6613 az RFP_Non_CCNATemplate_01202016 33 Packet Pg. 1655 16.E.1.a Caber Comity Administrative Services Department Procurement SeNues�I`I Slorl L O L Attachment 4: Vendor Declaration Statement m BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 to L Q� Q RE: Solicitation: RFP 16-6613 Property Casualty Brokerage Services Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or a. fraud. cc L The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: RFP 16-6613 Property Casualty Brokerage Services. O E E 0 0 N t!> O CL LL a) O7 L_ L Q) O m (Proposal Continued on Next Page) U 4- L as 0 L a m E RFP 16-6613 RFP_Non_CCNATemplate_01202016 ora, 34 Packet Pg. 1656 16.E.1.a PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of 0 Firm's Legal Name: cc Zs Address: U) U City, State, Zip Code: -a c a Florida Certificate of Authority Document Number: a Federal Tax Identification o Number o_ CCR# or CAGE Code Telephone: 47 t° m FAX: a. u. ce Signature by: (Typed and written) a Title: 0 4- c Additional Contact Information .2 Send payments to: Y f (required if different from above) Company name used as payee C Contact name: E E 0 Title: 0 0) Address: •tt u> 0 City, State,ZIP `= Telephone: a u_ et FAX: cu Email: 0 Office servicing Collier m County to place orders (required if different from above) Ta Contact name: as U Title: 0 Address: o e. City,State,ZIP cr) 0 Telephone: Email__ v E RFP 16-6613 o a RFP_Non_CCNATem plate_01202016 35 Packet Pg. 1657 16.E.1.a Collier Covrnty a) Admir s.rattve Se'v ces Department en.?.nt Sere ces Division G> O L Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: RFP 16-6613 Property Casualty Brokerage Services(Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business -0 ❑ Collier County ❑ Lee County >. Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: C- Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector ri for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the cs) vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or ft other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition ce to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing ° their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to c one year. a> Vendor must complete the following information: CG Year Business Established in ['Collier County or 111Lee County: Number of Employees(Including Owner(s)or Corporate Officers): N Number of Employees Living in ❑ Collier County or❑ Lee(Including Owner(s)or Corporate Officers): FN' a If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: O L Collier or Lee County Address: Signature: Title: ury STATE OF FLORIDA t1 (� COLLIER COUNTY n LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 °L sfl Notary Public My Commission Expires: ,a; (AFFIX OFFICIAL SEAL) CD RFP 16-6613 f RFP_Non_CCNATemplate_01202016 36 Packet Pg. 1658 16.E.1.a Coffier CoiVIty - a3 Administrative Se,vices Department Ptoairement cee Dlvisa p? O L Attachment 6: Immigration Affidavit Certification m 76Solicitation: RFP 16-6613 Property Casualty Brokerage Services as This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with U formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors / Bidders are rcs required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum o of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor I Bidder's proposal as non-responsive. 01- Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized tO alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section cfl 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) ce of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA 1.5 shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration ° Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration o at the time of submission of the Vendor's/ Bidder's proposal. Company Name ° a) ce Print Name Title er Signature Date N State of u_ County of The foregoing instrument was signed and acknowledged before me this day of , o 20 , by who has produced as identification. �+ (Print or Type Name) (Type of Identification and Number) N V Notary Public Signature A, Printed Name of Notary Public o L Notary Commission Number/Expiration Q co The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. c 0 E RFP 16-6613 U RFP_Non_CCNATem plate_01202016 37 Packet Pg. 1659 16.E.1.a Colliier County Administrative Services Department cis Procurement Ser rids Drrision a O Attachment 7: Vendor Substitute W—9 `p Request for Taxpayer Identification Number and Certification Tts In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following co information for tax reporting purposes from individuals and companies who do business with the County(including U social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and a return with your quote or proposal. r� 1. General Information (provide all information) a ri Taxpayer Name cin (as shown on income tax return) co Business Name (if different from taxpayer name) o_ Address City u_ State Zip E Telephone FAX Email Order Information Remit/Payment Information Address Address c City State Zip City State Zip FAX FAX Email Email a 2. Company Status (check only one) N Individual/Sole Proprietor Corporation Partnership a _Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) o 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) U (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 1e a> 4. Sign and Date Form ° Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge, D. Signature Date c? ccr Title Phone Number a) E RFP 16-6613 t. RFP_Non_CCNATemplate_01202016 38 Packet Pg. 1660 16.E.1.a Collier County cu s Administrat ve Services Department ca L ProcAi=er'Fr,tares ei�i,ion a) O L Attachment 8: Insurance and Bonding Requirements m lil Insurance I Bond Type Required Limits 0 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government v Compensation Statutory Limits and Requirements c 2. ® Employer's Liability $100,000 single limit per occurrence Ca" 0- 3. 3. ® Commercial General Bodily Injury and Property Damage o Liability(Occurrence Form) o_ patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury c,) ISO form Liability and Property Damage Liability. This shall include Premises and co Operations; Independent Contractors; Products and Completed Operations co and Contractual Liability 47 n_ 4. ® Indemnification To the maximum extent permitted by Florida law, the w Contractor/Vendor/Consultant shall 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 as paralegals'fees, to the extent caused by the negligence, recklessness, or 2 intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone o employed or utilized by the Contractor/Vendor/Consultant in the performance r of this Agreement. This indemnification obligation shall not be construed to o negate, abridge or reduce any other rights or remedies which otherwise may a) be available to an indemnified party or person described in this paragraph. E This section does not pertain to any incident arising from the sole negligence o of Collier County. ct 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage, v. Owned/Non-owned/Hired; Automobile Included r) 5. ® Other insurance as ❑ Watercraft $ Per Occurrence Si noted: a. ❑ United States Longshoreman's and Harborworker's Act coverage shall be tx maintained where applicable to the completion of the work. c $ Per Occurrence d C) ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to m the completion of the work. $ Per Occurrenceas N ❑ Aircraft Liability coverage shall be carried in limits of not less than `a U $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. n, $ Per Occurrence °- a a. ❑ Pollution $ Per Occurrence m Z.; cQ ® Professional Liability $1,000,000 Per Occurrence c) • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate ae a) • $2,000,000 each claim and in the aggregate E U ❑ Professional Liability $ per claim and in .12 the aggregate Packet Pg. 1661 16.E.1.a Agent Name Telephone Number C) 0 L m d-a N c4 U C 1. L a) 0 To 0 CC Q. CC Ca 0 C 0 C 0 E E 0 U 0 N N a LL 0 cis C) ,.(r) 0 ML cts i+ U 0 0. 0 L a M CO Cts C 0 E RFP 16-6613 .� RFP_Non_CCNATemplate_01202016 41 Packet Pg. 1663 Caber County Administrative Services Department L F"f4GuCPYi127F Ser/ICvS JI\'IS IOn Attachment 9: Reference Questionnaire 2 Solicitation: RFP 16-6613 Property Casualty Brokerage Services Reference Questionnaire for: = c73 (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) 2 a Email: FAX: Telephone: cn tD Collier County is implementing a process that collects reference information on firms and their key personnel to be used to in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as Ti a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the a. best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). 2 If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." 0 Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders - Dollars Added : Change Orders - Days Added: Item Citeria Score 1 Ability to provide value added solutions to manage the portfolio of services provided •r to your firm. o 2 Ability to remain on task througout the duration of the contract. cv 3 Quality of work. u. 4 Quality of consultative advice provided for the services.. R 5 Professionalism and ability to manage personnel. a) 6 Administrative Services (completed documents, final invoice, final product turnover; m invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. A 8 Abiltity to manage risks and unexpected circumstances. m 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. o 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By cu RFP 16-6613 v ca RFP_Non_CCNATemplate_01202016 42 Packet Pg. 1664 A enseo pue Apadoid `£1,99-91#dda paeMe o1 uopepuau wooa8 : b;OZ) jueN leuid £1.99-96 :luewgoe;ry in CD LLI r Co Ch T a. r a) Y 0 Cu a. 0 0 0 0 a, 0000 a, 0000 0 0 0 0 E Y 0 0 0 0 Y 0 0 0 0 E c T N cM 4 E , T N co U �_ U C !0 C To o C o C V it o LL a, a, Tu d CO CO d N N CO N O co. CO M M C) CV N M C) r N N V L d a) < a a) ' CU CU r N d' M r N et CO O 0 d 0 U) .0 CO O C a m Q m U Y C C M et r N et CO r N 0 CZ 3 c 7 733 C V O Q U —U) ii C _ o C r Co) N et = N d r CO ,-+ O a co L N CC1 -0 r d d I C 1, 2 0 I -0 Z C L N r et M CO > d r N et M CO T T t p CQ .0 0 c) O o co 7 t0 N O - J O N 2 r--- S r--- O M r N et i N r N M et Cl) V N C V rn z C.) d C C Q CD C co a) cV o -�ary o CO Ct V 1Y CD .0 Cu O a) Y CO m U N C >+ N N a) CC _ Q 0) C13 C N �_ Q C N- L LL O Ll. N Cl) µ. U Cu O C NO C a)a) n M V a) p ._,,co— a) T O s �, Ew b L N E D =f ai r U) 0 � Cu fn (CI CO a) Z 4E' -o Z c 0 1'c CO Q co a. 4) a w r E E D� L P)"- i# a �• � I- rn < D C0 0 u) .9_ w Q U [< Cep a. Et I— EL cK W0m1- a 16.E.1.c AGREEMENT 16-6613 forCO Property Casualty Brokerage Services THIS AGREEMENT, made and entered into on this day of 2016, by and between Insurance and Risk Management Services, Inc., authorized to do business in rn 2 the State of Florida, whose business address is 8950 Fontana Del Sol Way, #200, Naples, FL 34109, (the Consultant/Contractor and IRMS) and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3) year period, commencing o on January 1, 2017 and terminating on December 31, 2019, or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. CD th The County may, at its discretion and with the consent of the Consultant, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Consultant written notice of -a 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 Consultant 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 theLO issuance of a Purchase Order. 3. STATEMENT OF WORK. The Consultant shall provide property casualty brokerage (tt insurance services in accordance with the terms and conditions of RFP #16-6613, Exhibit A — Scope of Work, and the Consultant's proposal referred to herein and made -C) an integral part of this Agreement. This Agreement contains the entire understanding o 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. w w 4. THE AGREEMENT SUM. The County shall pay the Consultant for the performance of this Agreement an annual flat unit price of $75,000 to be paid in equal monthly installment payments of $6,250, as outlined in Exhibit B Fee Schedule and per the price Page l of 13 #16-6613"Property Casualty Brokerage Services" Risk Management Services,Inc. Packet Pg. 1666 16.E.1.a • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate a) C) ❑ Valuable Papers Insurance $ Per Occurrence 0 co ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Tri Payee endorsement naming Collier County. caU 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, -a cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County a Commissioners on a bank or trust company located in the State of Florida and2 insured by the Federal Deposit Insurance Corporation. a_ 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety � authorized to do business in the State of Florida and otherwise acceptable tocc Owner; provided, however, the surety shall be rated as "A" or better as to general policy holders rating and Class V or higher rating as to financial size 3 category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New o York 10038. 8. Z Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. cc 9. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. a N 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County N Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance a must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all u_ work performed on behalf of Collier County. m ca 11. ® Thirty(30) Days Cancellation Notice required. 0 Y O RLC 3/11/2016 m Vendor's Insurance Statement m N We understand the insurance requirements of these specifications and that the evidence of insurability may be required ci within five(5)days of the award of this solicitation. m Name of Firm Date 2 D. Vendor Signature c'- w (,) Print Name co Insurance Agency RFP 16-6613 f RFP_Non_CCNATemplate_01202016 40 Packet Pg. 1662 16.E.1.c methodology as defined in Section 4.1, as defined in this Agreement. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." •; L V!Y�ry 4.1 Price Methodology: rn T. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service co 2 delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification. ca 4.2 Any County agency may purchase services under this Agreement, provided c sufficient funds are included in their budget(s). 0- 4.3 Payments will be made for services furnished, delivered, and accepted, upon a receipt and approval of invoices submitted on the date of services or within six (6) T months after completion of the Agreement. Any untimely submission of invoices beyondtor 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 a timely submission of invoices under this Agreement. LY 7_ 5. SALES TAX. Consultant 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 o of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. -a 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if E mailed or faxed to the Consultant at the following Address: 0 cc. Insurance and Risk Management Services, Inc. LSI 8950 Fontana Del Sol Way, #200 CaCN Naples, FL 34109 o 239/649-1444 Telephone; 239/649-7933 Fax a William Kuhlman, CPCU, ARM-P All Notices from the Consultant to the County shall be deemed duly served if mailed or o faxed to the County to: Q Co Collier County Government Center Procurement Services Division E 3327 Tamiami Trail, East Naples, Florida 34112 c Attention: Director, Procurement Services Division E' Telephone: 239-252-8407 Facsimile: 239-252-6480 Page 2 of 13 o m #16-6613`Property Casualty Brokerage Services" I Risk Management Services,Inc. liV Packet Pg. 1667 16.E.1.c The Consultant 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. .> L d 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating i) a partnership between the County and the Consultant or to constitute the Consultant as 0 an agent of the County. 2 L 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits m necessary for the prosecution of the Work shall be obtained by the Consultant. The To County will not be obligated to pay for any permits obtained by 0 Subcontractors/Subconsultants. c co 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 0 procured and paid for by the Consultant. The Consultant shall also be solely 2 0. responsible for payment of any and all taxes levied on the Consultant. In addition, the M Consultant shall comply with all rules, regulations and laws of Collier County, the StateCD of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant 6 agrees to comply with all laws governing the responsibility of an employer with respect Tt to persons employed by the Consultant. a. 72 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to 3 use in any manner whatsoever, County facilities for any improper, immoral or offensive c 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 o effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of c the Consultant to be objectionable or improper, the County shall have the right to E suspend the Agreement of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four w (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence N operation during the suspension period until the violation has been corrected to the satisfaction of the County. d a 10. TERMINATION. Should the Consultant be found to have failed to perform his services _0 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 2 0. convenience with a thirty (30) day written notice. The County shall be sole judge of non- Ta. performance. 5 In the event that the County terminates this Agreement, Consultant's recovery against w the County shall be limited to that portion of the Agreement Amount earned through the 8 date of termination. The Consultant shall not be entitled to any other or further recovery 4 E Page 3 of 13Zs #16-6613"Property Casualty Brokerage Services" c Risk Management Services,Inc. CAO Packet Pg. 1668 16.E.1.c against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. CD 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: 2 co A. 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. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. o a. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. v; C. Professional Liability: Shall be maintained by the Consultant to ensure its legal a liability for claims arising out of the performance of professional services under this Agreement. Consultant 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 in the aggregate. o Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration ry date. Coverage afforded under the policies will not be canceled or allowed to expire a until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. 0. Consultant shall ensure that all sub-Consultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall 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 Page 4 of 13 #16-6613"Property Casualty Brokerage Services" Risk Management Services,Inc. c�® Packet Pg. 1669 16.E.1.c attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 2 m This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being a. provided to Consultant. Consultant's obligation to indemnify and defend under 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 County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. u_ 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Risk Management Division. 0 15. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and 0 shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 0 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the rr following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Consultant's Proposal, Insurance Certificate(s), Exhibit A Scope of N Work, Exhibit B Fee Schedule, RFP #16-6613-Property Casualty Brokerage Services Scope of Services and Addenda. 17. 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 o Commissioners. a 18. 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 CD item of value to any County employee, as set forth in Chapter 112, Part Ill, 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 Page 5of13 #16-6613"Property Casualty Brokerage Services" Risk Management Services,Inc. E.;?) Packet Pg. 1670 16.E.1.c 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. Cn 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the E 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, m 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 -r vi at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be fC amended; taxation, workers' compensation, equal employment and safety (including, '0 but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida co c Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: o L a. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ue CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO T THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS u AT: L Communication and Customer Relations Division 3 3299 Tamiami Trail East, Suite 102 ,13 Naples, FL 34112-5746 0 Telephone: (239) 252-83830 The Contractor must specifically comply with the Florida Public Records Law to: E E o 1. Keep and maintain public records required by the public agency to perform the service. fx 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 N inspected or copied within a reasonable time at a cost that does not exceed the o cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from > public records disclosure requirements are not disclosed except as authorized -0 by law for the duration of the contract term and following completion of the o contract if the Contractor does not transfer the records to the public agency. 2 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 E records required by the public agency to perform the service. If the Contractor E transfers all public records to the public agency upon completion of the contract, 0 the Contractor shall destroy any duplicate public records that are exempt or a confidential and exempt from public records disclosure requirements. If the E; Contractor keeps and maintains public records upon completion of the contract, `) U Page 6of13 as #16-6613"Property Casualty Brokerage Services" g Risk Management Services,Inc. CG Packet Pg. 1671 16.E.1.c 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 co agency. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and 2 conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. as 21. 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. L 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to 2 a. this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by a 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 Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached o 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 0 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 Consultant with full decision-making authority and by E County's staff person who would make the presentation of any settlement reached at Cll mediation to County's board for approval. Should either party fail to submit to mediation re as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 0 24. 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 v jurisdiction on all such matters. o a. a. 25. AGREEMENT STAFFING. The Consultant'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 E competent persons will be utilized in the performance of the Agreement. The Consultant shall assign as many people as necessary to complete the required services on a timely Q basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. Page 7 of 13 #16-6613"Property Casualty Brokerage Services" Risk Management Services, Inc. (07& Packet Pg. 1672 16.E.1.c 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Consultant's Proposal, and/or the County's Board approved Executive Summary, this u Agreement shall take precedence. 0 27. ASSIGNMENT. Consultant shall not assign this Agreement or any part thereof, without c the prior consent in writing of the County. Any attempt to assign or otherwise transfer Y this Agreement, or any part herein, without the County's consent, shall be void. If 2 Consultant does, with approval, assign this Agreement or any part thereof, it shall Z‘ require that its assignee be bound to it and to assume toward Consultant all of the Tts obligations and responsibilities that Consultant has assumed toward the County. u) c.) 28. SECURITY. The Consultant is required to comply with County Ordinance 2004-52, as 0 amended. Background checks are valid for five (5) years and the Consultant shall be >, responsible for all associated costs. If required, Consultant shall be responsible for the Q costs of providing background checks by the Collier County Facilities Management 2 a. Division for all employees that shall provide services to the County under this M 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, co education, residence and employment verifications and other related records. T Consultant shall be required to maintain records on each employee and make them ft available to the County for at least four (4) years. w All of Consultant's employees and subConsultants must wear Collier County 3 Government Identification badges at all times while performing services on County 2 facilities and properties. Consultant ID badges are valid for one (1) year from the date of o issuance and can be renewed each year at no cost to the Consultant during the time ea period in which their background check is valid, as discussed below. All technicians shall c have on their shirts the name of the contractor's business. E 0 The Consultant shall immediately notify the Collier County Facilities Management 0 Division via e-mail (DL-FMOPScolliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the LO 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. 0 a c.> a) * * * * * o Y o.. a. 0? 0 C) a> c E U Page 8 of 13 'c #16-6613"Property Casualty Brokerage Services" Q Risk Management Services,Inc. Packet Pg. 1673 16.E.1.c IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. Q1 BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts 0 L By: By: Donna Fiala, Chairman Dated: (SEAL) 0 Insurance and Risk Management Services, Inc. �. Consultant 2 a. By: First Witness Signature a TType/print witness name TType/print signature and title 0 Second Witness 0 TType/print witness name CL) C4 •proved as to Form and Legality: ssistant County Attorney Print Name Q 4 Q! - Q i.+ Page 9 of 13 m #16-6613"Property Casualty Brokerage Services" Risk Management Services,Inc. cA® Packet Pg. 1674 16.E.1.c Exhibit A— Scope of Work 1) Every three (3) years, Insurance and Risk Management Services, Inc. (IRMS) shall solicit insurance coverage proposals and programs from interested markets. The goal of this n project shall be to evaluate and recommend the most effective risk-financing program in CD 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 2 sensitive programs or other programs which would be appropriate for review. The Consultant shall prepare a project timeline and shall be responsible for developing (with Ta staff) a marketing strategy; making presentations; and implementing the program to v include negotiations with carriers and other appropriate parties. The County reserves the -r right to alter this three (3) year schedule, depending upon market conditions or any other c decision factors to include direction by senior management or direction by the Board of Commissioners. 0 2 0. 2) Except for those years when a complete program marketing effort is sought, IRMS shall M manage the insurance renewal process. IRMS 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 15th a of each year, but in no case shall the renewal program be presented later than Septembercc 1st of each year. 3) Assist the Risk Management staff in the development of budgeted rate structures by line o of insurance; the development and maintenance of loss sensitive premium allocation c systems; and assistance with the property and casualty fund management, as needed. The Consultant shall coordinate and complete the following projects: 0 a� a) The development of the annual Workers' Compensation budget allocation by cost E o center. This project includes the development of the current loss sensitive o allocation system which allocates rates through a traditional manual rating formula rE as well as on the basis of a three year net paid average. Cr b) The development of the annual property, liability, automobile, and mono-line N budget allocation. Premiums are allocated by net operating budget; o buildings/structures, contracts and business income; as well as exposure. a v 4) Provide consulting assistance to Risk Management staff regarding the development and o maintenance of contractual insurance standards and provide advice as to the appropriate o types and levels of coverage necessary for proposed county contracts, as needed. Q Conference with county vendors regarding contract issues as needed. T 5) Request proposals from qualified third party claims administrators, evaluate these ? proposals, participate in interviews, and make a recommendation to the Risk a, Management Director; coordinate the approval of selected third party administrators with Q 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; v Page 10 of 13 ry #16-6613"Property Casualty Brokerage Services" ",i Risk Management Services,Inc. /"^ Packet Pg. 1675 3 16.E.1.c 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. 0 } L a) 6) Review accounting data received from carriers to assess accuracy and initiate billing activity; resolve accounting differences or discrepancies. 0 L a) 7) Issue binders and insurance certificates of coverage on behalf of the county; request m 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 0 on pricing and coverage availability. c 9) Perform an annual audit of the Workers' Compensation classification coding by job title. L W a 10) Provide up to sixteen (16) hours of training services to county staff per year on insurance a and risk management topics, as needed. M r 11) Provide consulting advice and assistance regarding the maintenance of the County's Risk Management Information System to include desirable program characteristics and data IT a. maintenance such as policy information updating. Provide annual policy data entry rt services to keep the policy archive current. 72 12) Coordinate an annual actuarial evaluation of the program to determine funding o requirements; seek written quotations and recommend a vendor; 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 0 report is to be completed by November 15th of each year for the previous fiscal year g ended September 30th. Collier County may contract separately to perform the annual E actuarial evaluation. 0 ce 13) Provide routine verbal consulting advice on safety and loss control matters as they relate LO to the county's risk management program. Onsite inspections, written programs and N training programs may be negotiated for an additional fee. o a 14) Provide access to and consulting advice regarding the potential for utilizing new and emerging risk financing programs including Wrap-up Programs or other types of TS programs. The fee for the implementation of such programs is not included in this o proposal, however, if implemented a fee will be negotiated and an amendment to the 0- contract shall be executed. The ability to analyze, recommend and access such services 11 is expected as part of this Agreement. E 15) Provide resources and information necessary to support the County's Risk Management 2 operations such as ACCORD forms; standard and manual rates; access to classification Q standards; policy forms; etc. E 0 Page 11 of 13 #16-6613"Property Casualty Brokerage Services" 4 Risk Management Services,Inc, Packet Pg. 1676 16.E.1.c 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) IRMS shall designate a highly qualified service team to provide services to the County's m Risk Management staff. The Consultant shall make staff available for a monthly planning meeting as well as any meetings necessary to complete assigned projects. CtiU Conditions IRMS shall have the capability of accessing insurance markets on a national basis to maximize the availability of coverage for the County's consideration. n IRMS shall demonstrate that it possesses the resources at its disposal as are necessary to fulfill the requirements of the scope of services. IRMS shall demonstrate a proven record of providing services of this type to clients of thecc same size, nature, and complexity as Collier County. IRMS must possess all necessary licenses to perform the above-mentioned services as may o be required by the State of Florida. 0 Compensation and Transparency: 0 IRMS shall be compensated on a monthly basis at 1112th 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 Agreement. 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 N 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. IRMS shall provide an annual statement from each carrier confirming that the insurance carrier has paid no commissions. Additionally, the County reserves the right to seek additional relevant records as a means of enforcing this provision. o L .W Q) 3.. Page 12 of 13 #16-6613"Property Casualty Brokerage Services" Risk Management Services,Inc. CI Packet Pg. 1677 1 16.E.1.c Exhibit B - Fee Schedule N d U Period Annual Unit Price Payable in 1/12th *(1) Estimated Commissions monthly payments to be Paid by the Carrier 0 1/1/17 to $75,000 $6,250 $43,500 co 12/31/17 3 1/1/18 to $75,000 $6,250 $45,600 m 12/31/18 >, 1/1/19 to $75,000 $6,250/ $47,900 12/31/19 ct U *(1) No agent or broker is permitted to write Flood policies in the National Flood Insurance Program (NFIP) net of commission. The Estimated Commissions are for NFIP Flood policies only are based on the current policy schedule and IRMS history of writing ?- these policies for Collier County. a M (2) The future estimated commissions are very hard to predict because of the changes NFIP makes and the changes that IRMS constantly make to the policies. The estimated commissions could actually come in lower than what is stated above. At the end of each o. contract period IRMS will provide an annual commission statement to the County for all NFIP policies. F. 3 (3) The cost to handle the negotiation and placement of mono-line Builders Risk policies 0 is included the fee schedule above. c 0 Co : c 0 E E 0 U 0 W [# a N 0 a 0 U > 0 L 0. 0. B c a) C) 0 L 0) a C) 0E Page 13 of 13 #16-6613'Property Casualty Brokerage Services" e Risk Management Services,Inc. C4O Packet Pg. 1678