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HomeMy WebLinkAboutBack-Up DocumentsCity of Miami RFP No. 1471386 Insurance Brokerage Services Response Prepared By: Risk Management Associates, Inc. A wholly owned subsidiary of Brown & Brown, Inc. Brown & Brown Public Sector FEIN: 59-2445801 Contact & Contract Liaison: Michelle Martin, CIC - Senior Vice President 300 North Beach Street Daytona Beach, FL 32114 (386) 239-4047 Business Phone (386) 239-4049 Business Fax Submittal Date: May 21, 2024 at 5:00 PM ELECTRONIC COPY Brown & Brown Section 4.1.1: Cover Page City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.2 Table of Contents City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.2: Table of Contents Solicitation Number 1496386 RFP Number 1471386 Insurance Brokerage Services Page Number Section 4.1.1: Cover Page Cover Section 4.1.2: Table of Contents 1 Section 4.1.3: Executive Summary 2 Section 4.1.4: Proposer & Proposer's Key Personnel, Qualifications, Experience & Past Performance 2.6 Proposer's Minimum Qualifications 4 69 Section 4.1.5: Proposer's Approach to Providing Services 75 Section 4.1.6: Proposed Price 107 Required Forms Reference Submittal Form (Attachment C) Price Proposal (Attachment D) Local Office Certification (Attachment E) Certification Statement Addendum Acknowledgements (1-6) Page 11 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.3 Executive Summary City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.3: Executive Summary On behalf of Risk Management Associates, Inc., also known as Brown & Brown Public Sector, a wholly owned subsidiary of Brown & Brown, Inc., we are pleased to submit this RFP response. Brown & Brown Public Sector is honored to serve as the City's incumbent Insurance Broker, providing 14 years of quality service to the City. Brown & Brown Public Sector has delivered industry -leading programmatic results and administrative services and will continue to expound our services into future contracts. The key components of those efforts and the management of the program include: • Risk Management program philosophy with short- and long-term planning objectives • Risk exposure identification and analysis • Insurance program design, marketing, and placement within budgetary objectives • General Risk and contract consulting • High-level quality -controlled service protocols with immediate response times • Claims Advocacy with extensive hurricane experience • Safety & Loss Control Representative and coordination with outside resources • Insured asset schedule management, including valuation trending • Constant communication of legislative impacts, industry trends and market conditions • Professional, customized written and oral presentations to staff and officials Overall Experience, Qualifications, and Technical resources and abilities include: Team Experience & Qualifications As the incumbent broker, our institutional knowledge produces value-added expertise that must be considered in your review of our proposal. Although our base team has been devoted to the City for 14 years, our team is NOT complacent. We constantly add to the human and technical resources assigned to the City's account to enhance your service experience. ✓ Project Manager - 25 years' experience with self -insured governmental risks ✓ Account Executive - 15 years' strategic governmental management experience ✓ Account Manager - 20 years' industry experience overseeing large public self -insured risks ✓ Public Risk Specialist - 10+ year veteran providing analytics and other technical support for governmental risks ✓ Loss Control Resource - Two 30+ year veterans with public entity risk reduction expertise ✓ Clients from this SERVICE OFFICE include 200+ Florida public entities, including the following: State of Florida, City of Jacksonville, City of Ft. Lauderdale, Palm Beach County BOCC Corporate Resources ✓ Publicly traded Florida Corporation formed in 1939 (85 years in business) ✓ Over 3,000 Brown & Brown teammates based in Florida ✓ Financial strength - $4 Billion annual revenues Page 12 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Corporate Resources (continued) ✓ Customer -focused, ethical, transparent, and long-term operating model ✓ Stringent internal quality control requirements and operating system security ✓ Significant investment in people and technological development to best serve our clients ✓ In house public entity, property, cyber, aviation, marine, and other subject -matter experts Results -Focused Performance ✓ $40 Billion of premiums placed with hundreds of contracted insurer options for our clients ✓ Our premium volume and quality market relationships allow us an aggressive negotiation platform with insurers on your behalf ✓ Enhanced insurance company relationships & market access to governmental programs ✓ Concierge -level service and administrative support to save your staff time ✓ Claims advocacy, including complex casualty issues and Hurricane claims ✓ Coordination of Risk/Loss Control resources for self -insured fund management ✓ State-of-the-art technology and analytics ✓ Benchmarking utilized to ensure your insurance program is the best in class The core broker service provided to the City of Miami is the placement and maintenance of the insurance program, which consists of 113 policies currently. Policy expiration dates span over 7 months of the year. Brown & Brown Public Sector has proven excellent past performance in the proficient account management, billing, policy maintenance, and marketing/placement of the City's insurance program. We have developed relationships within the City to effectively communicate and react to existing and emerging exposures. We have employed subject -matter experts throughout our tenure to provide guidance on a myriad of matters from exposure valuation to claims advocacy to contractual risk transfer. Brown & Brown Public Sector has a 98% client retention rate and has grown our client base because we have consistently improved our services resulting in an impeccable reputation. Our philosophy is, and always will be, to exceed our clients' expectations while maintaining high professional and ethical standards. You will find in our response many compelling reasons why our company is best suited to continue to serve the City's risk management needs. Sincerely attliew Montgomery Executive Vice President (Authorized Company Officer) Matt.Montgomery@bbrown.com (386) 239-7245 Direct Office Submitted: May 21, 2024 Michell Y Martin, CIC Senior ice President (Contact & Project Manager) Michelle.Martin@bbrown.com (386) 566-3484 Mobile Page 13 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.4 Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.4: Proposer and Proposer's Key Personnel, Qualifications, Experience and Past Performance a) Describe the Proposer's organizational history and structure and the number of years the Proposer has been in business providing a similar service(s). Company Overview Brown & Brown, Inc. was founded in 1939 in Daytona Beach, FL and has since grown to be the largest insurance intermediary in Florida and the 6th largest in the United States. That growth has pushed our company beyond 500 locations worldwide, housing more than 16,000 teammates. Our diverse team of decentralized companies provides a wide range of innovative risk management and insurance solutions to protect our customers. We provide products and services to many industries in the United States and abroad. Powered by a culture that values high performance and perseverance, Brown & Brown is arguably the most efficient operating platform in the insurance brokerage business. We consistently deliver high -quality solutions and services to a broad array of customers. Our culture is built on integrity, innovation, superior capabilities, and discipline. We view insurance differently and use our experience, carrier relationships, and principled customer focus to deliver first-class service and solutions. to O d 19.1% Total Revenue Growth 20%-'- of Crown & Brown, Inc. is Corned by Teammates i -500 Global Locations LJ oftfi $4.3 Total Revenue 92% of Teammates Say We're a Great Place to Work 16K+ Talented Teammates Brown & Brown began in Florida, and Florida remains one of our largest operations, including: ➢ 60 Florida offices with 3,000+ teammates ➢ $2.6 Billion of insurance premiums placed in Florida ➢ Local Tri-County presence within Palm Beach County, Broward County, Miami -Dade, and Monroe County. Miami -Dade operations include offices in Homestead, Doral, and Coral Gables. Our company is publicly traded on the New York Stock Exchange (Symbol: "BRO"). Additional information is publicly available at www.bbinsurance.com or upon request. Page 14 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Footprint 111., — iiii iiirts. 0, 9 kit Canada 11.1 4ti 6 AW 8 Locations 11111FRINTA" Cayman Islands 1 Location 9 te, w"Al United States 9 s 6, 322 Locations Bermuda 1 Location 9 4401111r United Kingdom 147 Locations 9 Netherlands �UAE r Belgium 1 Location 1 Location 1 Location Ireland-0 10 Locations 'vGermany 1 Location 9 France 1 Location Italy 2 Locations 111 �Mataysia 1 Location 9Hon I4on I� 9 2 Locations Page 15 City of Miami RFP #: 1471386 - Insurance Brokerage Services Governmental Practice Brown & Brown Nationally, our Governmental insurance portfolio contains a large volume of property and casualty exposures and $175 Billion in total insurable values (TIV) represented by our team of insurance professionals. This has been accomplished by balancing our strong local and state presence with corporate expansion into national and international insurance markets. Brown & Brown provides world class insurance services and product offerings to public entities of all shapes and sizes. Our representation of public entities includes Cities, Counties, Special Taxing Districts, School Districts, Charter Schools, Tribal Nations, State Government, and Universities and Colleges. We also have the expertise to place insurance on behalf of jumbo public entity pools in Florida, Washington, New York and Illinois. These placements cover the gamut of insurance lines from property, casualty and workers' compensation to life and health and span the range of risk management strategies from first dollar to self -insured retentions and alternative risk financing. Our subject matter specialists collaborate to provide our clients the best possible financial solutions. About Brown & Brown Public Sector - Servicing Office Brown & Brown Public Sector is Brown & Brown's retail public entity specialist operation in Florida and will remain the servicing office for the City. Our Daytona Beach corporate headquarters is centrally located to serve our Florida clients. The Public Sector division offers the distinct combination of a "boutique" public entity brokerage offering concierge -level service with direct access to C-Suite leadership of a large national broker. Our team's focus and Brown & Brown's international reputation and size allows us to negotiate better terms and conditions to create unique service plans based on our client's goals and objectives. Our laser -focused staff of 30 professionals design, place and service in excess of $250 Million of written insurance premiums. City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown In Florida, Brown & Brown Public Sector represents public entities to include small towns and special taxing districts, to large cities and counties, including the State of Florida. Lines of insurance placed include Surety/Bonds, Accident & Health, Life, Medical, Property, Casualty, Workers' Compensation, and all specialty and ancillary lines. We utilize a variety of risk transfer products, from 1st dollar package programs to Public Entity Client Profile 70 Cities 24 Counties 6 School Districts 7 Public Universities State of Florida 100 Special Taxing Districts multi -carrier self -insured program designs. Brown & Brown offers a myriad of alternative risk transfer resources including captive management, risk control, and advanced analytics. For self - insureds, the appropriate strategies and expertise are readily available to provide necessary analytics, value-added resources, and consultative servicing staff. ✓ Only retail agency in Florida 100% committed to public entities. ✓ Brown & Brown Public Sector has served Florida governments exclusively since 1992 ✓ $250 million of annual premiums placed for our public entity Florida clients Brown & Brown Public Sector provides Risk Management Services with Property, Excess Casualty and Excess Workers' Compensation insurance programs for over 40 self -insured public entities in Florida, including (but not limited to): • State of Florida • City of Miami • City of Ft. Lauderdale • City of Naples • City of Ocala • Brevard County • Marion County • City of Tallahassee • Florida International University • City of Jacksonville • City of Sarasota • Tampa Bay Water • Collier County Schools • Lee County Schools • Collier County • Lee County • Palm Beach County • Florida Atlantic University Page 17 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown b) Provide a list of all principals, partners, officers, owners and/or directors of Proposer, including joint ventures and/or sub-consultant(s), if applicable. Brown & Brown's Corporate Officers: Operating Committee uldirAltik J. Powell Brown, CPCU President & Chief Executive Officer K. Gray Nester 'II Executive Vice President & Chief Information Officer R. Andrew Watts Executive Vice President, Chief Financial Officer & Treasurer J. Scott Penny, CIC Executive Vice President & Chi& Acquisitions Officer Steve M. Boyd Executive Vice President & President —Wholesale Brokerage Segment Julie L Turpin Executive \Ace President & Chief People Officer P. Barrett Brown Executive Vice President & President —Retail Segment Chris L. Walker Executive Vice President & President —Programs Segment Our CEO, Powell Brown, and Mike Bruce of Brown & Brown Europe, were both recently honored as the Global 100 Best Insurance Professionals and Brokers Worldwide for their contributions to our industry Page 18 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown c) Indicate whether the City has previously awarded any contracts to the Proposer. If so, discuss the nature of contract, types of services performed, and the term of the contract. Current Contract - Past Performance Brown & Brown Public Sector has managed the City's Property & Casualty brokerage services since 2010. Together with the City's Risk Management staff, we have administered the City's insurance program and successfully navigated a volatile insurance market and risk exposures unique to the City over the past 14 years. A few specific recent successes are listed below: General Services Overview • Structure insurance programs conforming to financial and budgetary conditions of the City's operational organization. Currently, our team manages 113 insurance policies with expiration dates throughout the year to include: o Property, Liability & Workers' Compensation o Automobile Liability & Automobile Physical Damage o Accident insurance o Aircraft & Drone Liability o Foreign, Travel Accident, and Kidnap & Ransom o Marina Operations & Vessel Hull coverages o Fuel Storage Tank Pollution Liability o Grapeland Water Park o Flood, including National Flood Insurance Program & Terrorism • Ongoing in -person meetings with Staff on a quarterly basis, including coordination of current and prospective underwriter meetings with Staff. We have arranged for many off -site meetings, including in London, which is an important marketplace for the City. Underwriter relationship building is important to present the City's risk in the most complimentary light to both existing and prospective insuring partners. • Brown & Brown Public Sector regularly provides quote options from multiple insurance companies to achieve the best insurance terms & rates available in the marketplace. • Discussions of emerging exposures and insurance products including; Crime, Cyber, Active Assailant, and Parametric options. • Claim review meeting coordination with insurers, insurers' representatives, and City staff to manage expectations and coordinate appropriate reserving/payment practices. • Ongoing communications with Property Executive Adjuster and Casualty TPA to clarify insurer claim reporting instructions and favorable claims resolution. Page 19 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown • Contractual risk transfer consulting, including commercial/private sector account expertise utilized from the hundreds of associates located in our corporate office. This expertise is also utilized to advise on vendor insurance requirements and Certificate of Insurance compliance. • Analytics provided for Property exposures using RMS & AIR software contracts. • We follow the City's unique accounting requirements for payment of premium invoices. Insurance Program Design Results Below we highlight a few accomplishments with insurance marketing and program design during our tenure. Property • From 2020 to present, we have successfully navigated a hard property market. Rate increases, if any, have been minimal. o 2021 rate increase less than 7.5%; maintain limit. o 2022 slight rate DECREASE o 2023 was a time of rate increases and coverage limitations for ALL markets. Based on our benchmarking, the City of Miami's increase was less than most, particularly with an $11 Million Hurricane loss (Irma) within the last 10 years. o 2024 Master Property rate DECREASE of approximately 5% o Vetted a new qualified Executive General Adjuster for all Property insurance. Also correspond with Engle Martin at least annually to ensure priority claims service delivery. • From 2007 to 2020, Brown & Brown has produced effective rate reductions every year for the City's Master program, while increasing coverage. Notably, o 2011: Rate increase of 48.1% in 2011 was due to a 67% limit increase o 2014: Flat premiums with 40% limit increase o 2017: Flat premium with 14% limit increase o 2018: 10% rate increase following $11 million Hurricane Irma loss (400% loss ratio comparing Premium/Loss. 10% was considered minimal under 2018 market conditions.) o 2019: Minimal increase considering hardening market and extensive Irma loss. o 2022 Master Property rate 9.7% LESS than in 2007, with 250% higher Cat (Hurricane/Wind/Flood) limits. Page 110 City of Miami RFP #: 1471386 — Insurance Brokerage Services Brown & Brown Property (Cont'd) • Since 2020, have been providing advice for trending valuations to ensure adequate coverage and to improve negotiations with insurers. • Request quotes from third -party Property Appraisal companies • Procure an Elevation Certificate for a specific building to satisfy underwriters • We have also employed creative use of multiple insurers and specialty market capacity in our program design to provide maximum insurance limits available. The 2023/2024 program provides the following limits: Overall Program, Various Effective Dates INSURED PROPERTY LIMITS As of 4/18/2024*** TIV AOP Named Wind** Flood Master City Property $ 653,007,957 $ 100,000,000 $ 25,000,000 $ 30,000,000 Utilities Property $ 30,224,149 $ 10,000,000 $ 10,000,000 $ 10,000,000 EDP /Scheduled IT Equipment $ 28,262,241 $ 28,262,241 $ 28,262,241 $ 3,000,000 Marlins Garages Property* $ 97,329,726 $ 97,329,726 $ 97,329,726 $ 25,000,000 Auto PD-Comp/Coll-ACV/$1M Max* $ 79,054,176 $ 1,000,000 $ 1,000,000 $ 1,000,000 NFIP Flood 64 Policies ............................ $ 33,079,000 Total Limits $ 887,878,249 $ 236,591,967 $ 161,591,967 $ 102,079,000 Legend for Exhibits Utilities = Solid Waste buildings and pump stations JLK = James L. Knight Center TIV = Total Insured Values EDP = Electronic Data Processing Equipment NFIP = National Flood Insurance Program • In 2019, following a $100,000 claim, mitigated a 30% premium increase for Equipment Breakdown by marketing coverage and recommending a change in insurer. • Placed Dinner Key Marina's Builders Risk for the rebuild following Hurricane Irma within our contract (no additional broker fee charged to City). Favorable terms and conditions negotiated include: o 21-month term (two hurricane seasons) o Rate well below market for this hard -to -insure exposure o Broad terms and conditions, including Delay in Opening • The 2024 Property Renewal provided the following enhancements: o Negotiated 5.20% rate decrease per expiring Master program o Bound an additional $5,000,000 Named Windstorm coverage. o Provide alternative to Non -Renewed Inland Marine/EDP coverage for over $28 million of equipment values. o Added Nuclear, Biological, Chemical, Radiological (NCBR) coverage to Terrorism policy. Page 111 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Automobile Physical Damage • In 2015, developed a unique market relationship to insure physical damage for high -valued vehicles including Fire & EMS units. Immediately following the insurance placement, a $400,000+ claim occurred involving a collision with 2 owned Fire/EMS units. • Negotiated Excess Auto Physical Damage renewals with no rate increases for 2 years following the claim. • In 2019, inevitable hardening market increases were applied to the renewal. Provided option with strategic market partner Preferred Governmental Insurance Trust to provide a 14% premium savings for primary coverage. Casualty • In 2018, took advantage of a favorable underwriting relationship to provide and bind a Marina Operators Legal Liability policy option with a 32% decreased premium. • In 2019, marketing of Excess Liability program produced 10% lower premium with an alternate insurer. Due to coverage and differences in claims handling philosophies, the City decided to renew with the incumbent. • In 2022, designed an appropriate excess package policy with a new insurer. Brown & Brown Public Sector has presented to various City staff consistently during our tenure, including Stewardship meetings twice annually during the major renewals of the Property insurance (5/1) and Casualty insurance programs (moved to 11/1 expiration in 2020). We have made several program design changes in the past few years to address various risk exposures, claims experience, and market availability. We have managed the City's budget and coverage expectations with constant communications with the City's insuring partners and City concerning the changing marketplace. Both specific insurer developments and general marketplace/economic challenges are communicated to the City's Risk Management Department and at the upper levels of City administration as needed to proactively manage risk and budget. Specific Project Highlights • Engage vendors for various services, including Property Appraisals. Property Appraisal quote process includes providing Scope of Services, negotiations, and service needs comparisons. • General Risk Management Consulting to review risk exposure and provide ideas for risk transfer, whether operationally via risk avoidance, via insurance, or via contract to another party. • Constant engagement with both existing and prospective underwriters. • Claims advocacy - Assist in expediting claims adjustments, including complex casualty claims, Hurricane Irma, and a total building loss property claim. Page 112 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown • In 2017-18 involved several corporate and outside subject -matter experts for Claims Advocacy recommendations following the Hurricane Irma claim. • Maintain the tail of the City's Owner Controlled Insurance Program (OCIP) for Marlins Garages, including Liability, Workers' Compensation, and Pollution. • Property Asset Evaluation, including Insurance to Value (ITV) updates each year since 2020. Our ITV suggestions resolved insurers' desire to require higher rates. Discussion and implementation of long-range valuation update strategies is on our current project list also. • Involvement of Forensic Accountant for Business Income valuation expertise and discussion with City in 2018. (No additional fee to the City). • Coordinate and oversee on -site Law Enforcement operations audit with specialized law enforcement consultant and underwriters in 2017. • 2019 - Research and identify source of coverage for potential USAR South Florida Task Force 2 (FL-TF2) exposures in the event of foreign deployments of this City -sponsored Search and Rescue Task Force. Such a deployment occurred following the Haitian earthquakes in 2010. The Federal Government rules have changed recently to shift risk federally to requirements that the Task Forces must procure their own insurance for out of country operations. • Discussions of risk exposure and insurance products available to cover increased financial exposure mandated by legislative changes, including those resulting in increased benefits for Firefighters and EMS, other First Responder benefit increases, and proposed changes in Florida Sovereign Immunity protections via FS 768.28. d) Describe the Proposer's organizational history including years in business, current structure, and the current number of employees, and primary client markets served. Also, see Section 4.1.4. Part a. above that provides a complete Company Overview, including our Florida and national Public Entity focus. 6th $47B 250 85 largest insurance Design, place and Employs more than Providing superior brokerage firm in service in excess of 17,000 teammates service to our the US as ranked by $47 Billion of Florida with 250 locations customers since Business Insurance Public Entity across the globe 1939 Property Values Page 113 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown e) Describe the Proposer's past performance with a focus on Public Entity risks. Florida Public Entity Footprint - Brown & Brown Public Sector The Brown & Brown Public Sector team is a highly specialized unit of insurance advisors 100% trained to deliver industry -leading brokerage services to public entities in the State of Florida. Since 1992, we have continuously refined that specialization and enhanced our services. Our team provides Property & Casualty and Employee Benefits advisement and insurance services to over 200 Florida governments, including more than 100 Cities, Counties and School Boards. Complex Risk Management clients include: Cities of Tallahassee, Ft. Lauderdale, Miami, Sarasota, and Jacksonville, Palm Beach County, The State of Florida, Lee County, and Hillsborough County We are a highly organized and accountable team of insurance professionals, laser -focused on providing both world -class brokerage services and concierge -level support to our clients. Our strong reputation was built by empowering our governmental clients to outperform their industry peers, lower total cost of risk, and enhance risk management programs - all within annual budgetary constraints. These capabilities are only enhanced by our team's commitment to serve those who serve the public. j PUBLIC ENTITY MARKET LEADERS I • Largest Public Entity broker in FL • 25 Counties • 70 Cities • 100 Special Districts • 12 Governments with over $1B TIV I EXPERIENCE • 85+ Years in Business • 30+ Years Government Expertise • $250 Million Public Entity Premiums Placed • Exclusively Public Sector • Risk Management Program Design • 24 Hour Response Time Page 114 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Our team includes industry leaders within the Florida public entity insurance and risk management space. We have consistently grown our client base because we have consistently invested in our personnel and infrastructure to bring more resources and quality service to our customers. Our customers agree - we encourage you to reach out to our client references. We are proudly involved and committed to the top Public Entity industry organizations and professional affiliations, including: priiNd Public Risk %pip Manatiktimoannt Ail Ai -- -. F belle FLOR II3 COUNTIES (%\ MO" AQ1JtAr amv FERN b ,. "�ekvan�rrn•r rm rf.��. JRiMs p o,.dda POPE Page 115 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown f) Provide documentation and other detailed information validating that Proposer is duly licensed by, and in good standing with the State of Florida, as an Insurance Broker, as of the Proposal due date. DEPWINIENT Of FINANCIAL RISK MANAGEMENT ASSOCIATES, INC. DBA PUBLIC RISK INSURANCE ADVISORS 220 S RIDGEWOOD AVE SUITE 210 ❑AYTONA BEACH FL 32114 Agency License Number L018706 Location Number': 133164 Issucd On 09/1412006 Pursuant To Section 626.O428, Florida Statutes, This Agency Location Shall Be In The Active Full -Time Charge Of A Licensed And Appointed Agent Holding The Required Agent Licenses To Transact The Lines Of Insurance Being Handled At This Location_ Pun uant To Subsection 626.172(4), Florida Statutes, Each Agency. Location Must Display The License Prominently In A Manner That Makes It Clearly Visible To Any Customer Or Potential Customer Who Enters The Agency Location. Jimmy Patronis Chief Financial Of%oer State of Florida Page 116 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown State of Florida I)epartm en 1 of .State I certify from the records of this office that RISK MANAGEMENT ASSOCIATES. INC. is a corporation organized under the laws of the State of Florida. filed on August 14. 1984. The document number of this corporation is H16549. I further certify that said corporation has paid all fees due this office through December 31, 2024, that its most recent annual reportlunifoi711 business report was filed on April 23. 2024. and that its status is active. I hir7ther certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twentieth day of May, 2024 Tracling Number: 4521O273710E; To authenticate this certificate,visit the following site.enter this number, and then follow the instructions displayed. ht fps: //s civic es sunbix.orgiFilings/C: ertifica to cif Sta tusiC ertifica teAut hentica tion Page 117 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown g) Provide documentation and other detailed information proving that Proposer has worked in the capacity of Insurance Broker for at least three (3) governmental entities within the State of Florida. Brown & Brown Public Sector's client base exceeds 200 Florida government clients. Including the City of Miami, Brown & Brown Public Sector currently controls risk management programs for 39 large public entities that have self -insured casualty and workers' compensation programs as well as large property insurance placements. Many of these have been Brown & Brown clients for over 10 years, including: The State of Florida Palm Beach County Hillsborough County Lee County Collier County Volusia County Brevard County Marion County City of Jacksonville City of Miami City of Ft. Lauderdale City of Sarasota City of Tallahassee City of Naples City of Marco Island City of North Port City of Palm Bay City of Ocala City of Lake Worth Beach Town of Davie Town of Jupiter Collier County Schools Lee County Schools Volusia County Schools Pinellas Suncoast Transit Authority Hillsborough Area Transit (HART) See Section 4.1.4. Part i) below for documentation and results of existing clients for which we have represented as insurance broker. Page 118 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown h) Provide a detailed list of three (3) comparable contracts with governmental clients (similar in scope of services to those requested herein), which the Proposer has either ongoing or completed within the past ten (10) years. The description should identify for each project: 1) Client; 2) Description of work; 3) Total dollar value of the contract; 4) Dates covering the term of the contract; 5) Client's contact person and phone number; 6) Statement of whether proposer is/was the prime contractor or subcontractor. If Proposer was the subcontractor, name the prime contractor. 7) Detail Proposer's responsibilities and the results of the project; 8) Was the Scope of Work fulfilled? If so, then describe any highlights of the project. If not, then describe why the Scope of Work was not fulfilled. Client Name: Palm Beach County BOCC Address: 100 Australian Avenue, Suite 200, West Palm Beach, FL 33406 PRIME CONTRACTOR Description of Work: Insurance Brokera • e for all lines of Pro • ert & Casualt Total Dollar Value of Contract: Over $15,000,000 Insurance Premiums Term of Current Contract: 2021 - Present Client Contact: Scott Marting - Director of Risk Management Telephone Number: (561) 233-5422 Email: smarting@pbcgov.org Responsibilities & Results: Insurance Placement and Risk Management Consulting similar to services requested in this RFP. Results are favorable for a broad array of successful projects completed over the past 3 years continuous relationship. Service team includes those providing and proposed to •rovide services for Cit 's •ro'ect. Completion Time Met: Yes - See highlights of the project in Section 4.1.4. Part i) Page 119 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Client Name: City of Ft. Lauderdale Address: 100 N. Andrews Avenue, 3rd Floor, Fort Lauderdale, FL 33301 PRIME CONTRACTOR Description of Work: Insurance Brokera:e for all lines of Pro • ert & Casualt Total Dollar Value of Contract: $6,000,000 Insurance Premiums Term of Current Contract: 2009 - Present Client Contact: Guy Hine - Risk Manager Telephone Number: (954) 828-5177 Email: ghine@fortlauderdale.gov Responsibilities & Results: Insurance Placement and Risk Management Consulting similar to services requested in this RFP. Results are favorable for a broad array of successful projects completed over the past 15-year continuous relationship. Service team includes those providing and proposed to •rovide services for Cit 's •ro'ect. Completion Time Met: Yes - See highlights of the project in Section 4.1.4. Part i) Client Name: City of Jacksonville Address: 117 West Duval Street, Jacksonville, FL 32202 PRIME CONTRACTOR Description of Work: Insurance Brokera:e for all lines of Pro • ert & Casualt Total Dollar Value of Contract: Over $15,000,000 Insurance Premiums Term of Current Contract: 2018 - Present Client Contact: Tracy Flynn, AIC, AIS - Chief of Risk Management Telephone Number: (904) 255-5310 Email: tflynn@coj.net Responsibilities & Results: Insurance Placement and Risk Management Consulting similar to services requested in this RFP. Results are favorable for a broad array of successful projects completed over the past 6 years continuous relationship. Service team includes those providing and proposed to •rovide services for Cit 's •ro'ect. Completion Time Met: Yes - See highlights of the project in Section 4.1.4. Part i) Page 120 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown i) Where possible, list and describe those projects performed for government clients (excluding any work performed for the City of Miami). In the event that the Proposer has not performed three (3) comparable contracts within the past ten (10) years, the Proposer should provide information that demonstrates its ability to perform the required services. Brown & Brown Public Sector's client base exceeds 200 Florida government clients. Our team currently controls risk management programs for 39 large public entities that have self -insured casualty and workers' compensation programs as well as large property insurance placements. Many of these have been Brown & Brown Public Sector's clients for over 10 years. Clients with over $3 Million Insurance Premiums Palm Beach County BOCC School District of Lee County Lee County BOCC Hillsborough County BOCC Collier County BOCC District School Board of Collier County State of Florida Brevard County BOCC City of Fort Lauderdale Marion County BOCC Osceola County School District Property Placements $500M+ in Total Insured Value (TIV) Public Entity TIV State of Florida - Division of Risk Management $27,306,500,000 Preferred Governmental Insurance Trust $10,000,000,000 City of Jacksonville / JAXPORT $4,500,000,000 Palm Beach County & Palm Beach Int'l Airport $2,970,000,000 School District of Lee County $2,900,000,000 Hillsborough County $2,570,000,000 Lee County BOCC $1,894,500,000 District School Board of Osceola County $1,750,000,000 District School Board of Collier County $1,800,000,000 Collier County $1,400,000,000 Leon County School Board $948,000,000 Brevard County BOCC $880,000,000 City of Miami $888,000,000 City of Fort Lauderdale $628,000,000 Page 121 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown City of Fort Lauderdale Total Insured Property $628M - 2,800 employees Brown & Brown was awarded the city's Agent of Record in a statewide Request for Qualifications process in 2009, 2013, 2017 and in 2021. We manage all property, casualty, and workers' compensation insurance programs. Since becoming the city's Agent of Record, we have accomplished the following: • In April 2010, we reduced the total property premium by $167,288 (8%) while also increasing the overall property insurance limit from $100M to $150M (50%). This was achieved by utilizing a specialty insurance market relationship. • Identified the need to put NFIP Flood policies in place and successfully coordinated the placement of 71 NFIP policies. By doing so, the City obtained an additional $40,921,000 of flood coverage. • Provided an accurate wind and flood model which resulted in putting the City in a much better position to negotiate favorable terms with property insurance carriers. • Provided significant improvement in the property schedule by providing secondary building characteristics and thereby improving wind model output and accuracy. • We provided a comprehensive wind and flood model report that disclosed the top 9 locations whose potential for wind loss was the greatest. The model also included flood zones and most importantly, proximity to flood zones. • Brown & Brown improved the insurance requirements and indemnification language for all City contracts by drafting standardized insurance requirements and procedures for all departments to follow. The review and improvement of contract language is a continuous process and changes are made regularly. • In the 2023 property insurance renewal (February 2023) we were able to negotiate a very low rate increase of only 12.3%. This compares very favorably with other risks that are experiencing 40% and higher rate increase. • We also exceeded expectations in the 2024 renewal with a minimal rate increase, despite a $10M flood loss in April 2023. This renewal also resulted in improved coverage terms. Page 122 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown City of Jacksonville Total Insured Property $4.5B - 12,000 employees Brown & Brown was initially awarded Broker of Record in 2018, changing from a long-term contract with AJ Gallagher, as a result of a statewide RFQ process. We currently manage all the property, casualty, excess liability, and excess workers compensation insurance programs. Accomplishments and improvements include: • Renewed 8 general liability and two excess workers compensation policies with mostly flat rates and provided significant coverage improvements. • Provided rate stabilization with several multi -year policy options. • Cyber Security & Privacy - Secured, placed and service this additional line of coverage. • Special Event - Secured, placed and service this additional line of coverage for higher -risk short-term events to provide effective risk transfer from the self -insured fund. • Marine - Through an RFP process successfully secured and placed coverage for the City's marine exposures. This currently includes the various department's watercraft, wharfinger liability, and excess. • Special Excess Medical Professional Liability - Through an RFP process, secured and placed $10M limit policy for detention centers and jails. • In each of the above cases, we were able to achieve premium reductions and broader coverage terms and conditions. Our achievements and immediate successful results for the City led to Brown & Brown being chosen as the City's Broker of Record for Property through a separate RFP process in 2019. Notable achievements include: • Implementation of a formal Property and Fine Arts Insurance To Value Appraisal conducted by third parties. The Brown & Brown team performed a full review and comparison of the existing property and fine arts exposures, then produced an updated statement of values for the 2020 renewal. This necessary review resulted in discovery of unscheduled items, removal of duplications and demolished buildings and ultimately lead to a 12.8% increase in values. • Full property market solicitation, including coordination of city's Risk Management team attending meetings with the individual existing and prospective insurance company underwriters. Domestic meetings with over 20 interested markets occurred in Atlanta and formal presentations were made to the London marketplace in December. This ultimately drove a very successful renewal given the current state of the marketplace. • Coordinate annual meetings in London to maximize relationships and communications with the international marketplace which drives more favorable results and coverage for unique exposures of the City. • Annual valuation trending and coordination of Property appraisal process. Page 123 City of Miami RFP #: 1471386 - Insurance Brokerage Services 1i. Brown & Brown Palm Beach County Total Insured Property $2.9B - 12,000 employees Brown & Brown was chosen in 2021 to manage all property and casualty insurance for the County in a statewide RFQ process. AJ Gallagher was the County's incumbent broker. Our entire team conducted a detailed analysis of the County's property exposures, coverages and losses. We were able to accomplish the following results despite the headwinds of a very hard property market. • Through driving competition and new carriers, reduced the property insurance rate by 2% resulting in annual premium savings of $390,860 • Negotiated improvements in 22 sublimits. • Removed the margin clause limitation and placed Blanket coverage for all insured locations. Considering the impact of Demand Surge in construction costs after a major loss this is a significant improvement. • Improved the definition of Named Windstorm to include storm surge. • Increased the Extra Expense limit from $10M to $25M per occurrence. • Increased the Errors & Omissions from $1M to $10M. • Coordination of annual Property valuation trending and third -party Appraisals. onsite Property Page 124 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Hillsborough County BOCC Total Insured Property $1.8B - 5,200 employees Brown & Brown Public Sector was awarded the County's Agent of Record in a statewide Request for Qualifications process in 2022. The former agent was AJ Gallagher. We manage all property, casualty, and workers' compensation insurance programs. In 2 years, we have accomplished the following: • In the first Casualty renewal, we reduced the overall program premium by 13% o Provided the County with a $55,000 premium savings on the Cyber Liability and ensured a $15,000 risk management stipend for ongoing security improvements o Secured a 2-year rate guarantee and provided a $143,000 premium savings on the County's Excess Workers Compensation o Met the County's ongoing goal of placing lines of business with County approved MBE/WBE/SBE • Conducted a detailed flood audit, identifying County assets at risk • Maintained the expiring Property loss limits including Named Storm despite the hard market conditions Page 125 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown City of Sarasota Total Insured Property $320M - 900 Employees Brown & Brown was awarded the City's Agent of Record in a statewide Request for Qualifications process in 2009, 2014, and in 2019. We manage all property, casualty, and workers' compensation insurance programs. Since becoming the city's Agent of Record, we have accomplished the following: • In April 2010, we reduced the total property premium by $200,000 (15.4%), while also increasing the overall property insurance limit from $75M to $110M. This was achieved by utilizing a specialty insurance market relationship. • Identified the need to put NFIP Flood policies in place and successfully coordinated the placement of 9 NFIP policies. By doing so the city obtained an additional $3,500,000 of flood coverage. • Provided significant improvement in the property schedule by providing secondary building characteristics and thereby improving wind model output and accuracy. • In 2021 we performed a comprehensive analysis of the city's liability risk retention and transfer program resulting in a more cost-effective strategy for risk financing. • Brown & Brown improved the insurance requirements and indemnification language for all City contracts by drafting standardized insurance requirements and procedures for all departments to follow. The review and improvement of contract language is a continuous process and changes are made regularly. • In the 2023 property insurance renewal we were able to negotiate a very low rate increase of only 25%. This compares very favorably with other risks that are experiencing 40% and higher rate increases. • The 2024 property renewal resulted in a flat rate and a new self-insurance structure that generated significant savings without significant financial risk to the City. Page 126 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 1) Provide three (3) client references as set forth in Section 2.7 of this RFP using Attachment C, Reference Submittal Form. These references can include contracts listed in item h. above. The City reserves the right to verify any such information submitted in this process. Such verification may include, but is not limited to, speaking with client references, reviewing any and all documentation for the same, site visitations, and any and all other independent confirmation of dates as the City may deem necessary, in its sole discretion. Failure to submit Reference Submittal Form, as required, shall disqualify Proposer from consideration. Please find our references provided on the required form: • City of Jacksonville • City of Ft. Lauderdale • Palm Beach County Board of County Commissioners and Constitutionals Page 127 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown City of Miami - Attachment C City of Miami Insurance Brokerage Services - Reference Submittal Form FIRM NAME: Risk Management Associates, Inc. Solicitation 149638,6 RFQ 1471386 Reference Section 2.7 Summarized Requirements: Refer to the details in Section 2, Special Conditions, to verify that the Information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: Palm Beach County BOCC Address:100 Australian Avenue; Suite 200, West Palm Beach, FL 33406 Contact Person:Scott Marting - Director of Risk Management Contact Phone Number:(561) 233-5400 Contact Email (if applicable): Smarting@pbcgov.org Date of Contract or Sale: 10/01/2021 (Current Contract) Prime or Subcontractor: Prime Other (Description of Service, Total dollar value of Contract, etc.): Insurance Placement and Risk Management Consulting similar to services requested in this RFP. Results are favorable for a broad array of successful projects completed over the past 3 years continuous relationship. Service team includes those providing and proposed to provide services for City's project. Annual insurance spend is over $15,000,000. Past Performance Reference Check #2 CompanylOrganizatian Name: City of Ft. Lauderdale Address:100 N. Andrews Avenue, 3rd Floor, Fort Lauderdale, FL 33301 Contact Person:Guy Hine - Risk Manager Contact Phone Number:(954) 826-5177 Contact Email (if applicable):ghine@fortlauderdale.gov Date of Contract or Sale:12/19/2021 Prime or Subcontractor: Prime Other (Description of Service, Total dollar value of Contract, etc.): Insurance Placement and Risk Management Consulting similar to services requested in this RFP. Results are favorable for a broad array of successful projects completed over the past 15 year continuous relationship. Service team includes those providing and proposed to provide services for City's project. Annual Insurance Spend is over $6,000,000_ 1 3/412024 1.31 PM p_ 13 Page I 28 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown City of Miami - Attachment C City of Miami Insurance Brokerage Services - Reference Submittal Form Solicitation 14963a6 RFQ 1471386 Past Performance Reference Check #3 CompanytOrganizatian Name: City of Jacksonville Address: 117 West Duval Street, Jacksonville, FL 32202 Contact Person: Tracy Flynn. AIC. AIS - Chief of Risk Management Contact Phone Number: (904) 255-5310 Contact Email Of applicable):tflyn n @coj. net Date of Contract or Sale: 2018 Prime or Subcontractor: Prime Other (Description of Service, Total dollar value of Contract, etc.): Insurance Placement and Risk Management Consulting similar to services requested in this RFP, Results are favorable for a broad array of successful projects completed over the past 6 years continuous relationship. Service team includes those providing and proposed to provide services for City's project, Annual Insurance Spend is over $15,000,000. 2 3/4/2024 1,31 PM p. 14 Page 129 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown k) Provide information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Proposer, any of its employees is or has been involved within the last five (5) years. Risk Management Associates, Inc. a wholly owned subsidiary of Brown & Brown, Inc., has no pending or any prior litigation within the last five years. In the spirit of full disclosure and transparency, we offer the following information concerning our parent company. Risk Management Associates, Inc. is not directly involved with nor aware of any such litigation with our parent company, nor is there any reason performance of our services would be affected. Brown & Brown, Inc., a publicly traded company on the New York Stock Exchange (NYSE: BRO), is involved in claims and litigation in the ordinary course of their business and descriptions of legal matters can be obtained through the public filings available through the federal Securities and Exchange Commission. You may also access Annual Reports, Quarterly 10-Q forms, and other documents at Brown & Brown's website: www.investor.bbinsurance.com Additionally, Brown & Brown has a Quality Control division with interdisciplinary teams lead by internal auditors. These auditors perform financial, agency operations and information technology audits of each office to assure proper accounting, records management, and client services are performed in accordance with the company's policies and procedures. The results of these audits are made directly to Brown & Brown's Board of Directors. 1) Describe any relevant industry/subject matter expertise, including any experience in the requested services listed herein, and any unique or proprietary project methodologies relevant to the requested services. Family of Resources Brown & Brown's decentralized structure is unique in that it allows each of our subsidiaries to create exceptionally unique service models designed to deliver customized results for each our clients. In addition to the City project team highlighted herein, we have access to Brown & Brown's international operations for client support, subject matter expertise and carrier relationships, including; > London Brokerage > Bermuda, Grand Cayman, and other International offices > Litigation Specialists and legal support > Actuarial Services > Alternative Risk Transfer and Captive management > Enterprise Risk Management (ERM) > Financial & Property Modeling Page 130 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown > Actuarial Services > Analytics and Modeling > Program administrators with distinctive expertise > Wholesale specialists in public entity, property, and professional liability > Loss Control and Safety Resources > Surety/Bond Practice > Personal Lines insurance practice > National Retail Brokerage/Marketing and Support > National Specialty Wholesale Brokerage and National Programs with underwriting resources and public entity programs. > Strategic partnership with previously owned Third Party Claims Administrators, including Medicare Set -Aside, Cost Containment, Medical Bill Auditing and Review, Loss analysis, and Specialty claim experts > National Cyber division > National Aviation division > Alternative Risk/Captives division Brown & Brown Public Sector will coordinate the company's resources from all divisions within this contract. Industry and subject matter expertise from these divisions are included in our proposal, however, specific services may be subject to additional contracts/fees depending on the scope. We also have relationships with organizations that may or may not be Brown & Brown subsidiaries. We recommend the service provider that will most benefit the client and fulfill their needs, whether a subsidiary or not. Brown & Brown's decentralized culture allows for this flexibility. Page 131 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Loss Control & Safety Resources Safety initiative is a key objective to control our clients' Total Cost of Risk. A tailored loss control plan is the key to lowering the long-term cost of risk for the City. We will coordinate highly qualified loss control representatives for on -site training, safety audits, policy review, workers' compensation claim reduction and other activities at the direction of the City. We are an active partner in assisting the City's loss control, safety and claim reduction efforts, and are committed to providing meaningful risk control tools and analysis. As such, our efforts will be tailored to the specific needs of the City and measured for cost effectiveness. We believe the City will greatly benefit from additional resources to control the Cost of Risk. To assist in budgeting and administrative ease, we will provide a $10,000 Risk Management Support Fund for each year of this contract. Reimbursements must be requested, approved, and paid within each contract year. Funds may be utilized for: Elevation Certificates Property Appraisals Loss Control training/initiatives Safety Equipment/Personal Protective Equipment Other related expenses, as approved An example of robust internal collaboration, we offer a plethora of subject matter experts from within our company to provide guidance. Christopher Kittleson, an employed 30-year safety veteran, has provided services to the City staff including: Claims 101 Virtual - focus on Auto Claims management Vector Solutions Learning Management System (LMS), including o Professional Development o Human Resources -Employment Practices o OSHA & Compliance o Motor Vehicle Safety o Fire & Emergency Medical Services o Cybersecurity In addition to directing insurer loss control resources, we have added an additional resource, Gary Raia. Gary offers 30 years of experience in Enterprise Risk Management, Safety, and Loss Control. Upon notice of continuance of our contract, we will arrange a meeting with Gary to discuss additional resources for the City. Our Team will obtain, analyze, and monitor workers' compensation loss reports regularly and establish meetings with staff to review loss trends. We participate in claims reviews, mitigate claim issues, work directly with adjusters and defense counsel when necessary, and always seek to serve as an extension of our client's risk management staff. Page 132 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Our team stays plugged -in on a continual basis with each of our clients' risk control programs. Not only do we facilitate the services, but we actively participate in in -person meetings, teleconferences, and safety review meetings to stay up to date with our clients' operations. Standard training topics include (but are certainly not limited to): Emergency and Hurricane Preparedness Defensive Driving Workplace ergonomics Employment Practices Mental Health/PTSD in the Workplace We provide timely topical updates including current market trends by line of business, legislative updates, and white papers of emerging topics. These are available via email and on our website, but we also discuss directly with the City how these may impact your specific environment. » White Papers » Legislative and market updates » Florida public -entity focused newsletter (The Weekly Rundown) Supreme Court Rules Sexual Orientation and Gender Identity Discrimination Violates Title VII In a highly anticipated decision issued on June 15, 2020, the U.S. Supreme Court has ruled that Title Vil of the federal Civil Rights Act (Title VII] protects individuals against employment discrimination based on their sexual orientation or gender identity. June 15, 2020 The U.S. Supreme ruled that federal law protects gay and transgender individuals from being discriminatl, against in the workplace, PRIA PUBLIC RISK INSURANCE ADVISORS Hurricane Dorian — What You Need to Know As Hurricane Oman approaches, Public Risk Insurance Advisors (PRIA) is pending you with informatwn you reed to monitor the storm mood claims, and siayon communication with or team. ' You can track Hurricane Dorian using these (inks Attached are Hurricane Claims Kit from Preferred S omen imom-tent document • 2019 Property Vendors List— PRIA cdienls can use pre -approved vendors or vendors of your choice. Pre -approved vendors will be pad dlredly from Preferred Remember to expedite repairs ASAP and document everything, • Blank Acord loss notkes— Used far filing stool claims. • Current copies or your property and inland manna schedules — this should help you track assets and notate any damage. PRIA Leadership Contacts — Please reach out to us with any questions or needs Mad Montgomery Executive Vice President 850-528-7423 mmonr8omeryatibona. him Paul Dawson M1Aelle Martin Brian Cottrell Senor Vice President Vice President Vice President 407496-0989 388586-3484 561-346-2723 pdawson15Wpr60 cam mmartln(olbboriflcom bcotkellObboria corn Kyle Stookel Public Risk Advisors 380-405-2444 Michele Peery Public Risk Advisors g78-500-8215 Below is an overview of hills that will potentially affect local governments in Florida's current legislative session: SOVEREIGN IMMUNITY (per FS 768.28 — tort cap for FL governments is now $200k per person/$300k occurrence): • CS/H B 401— attached is a current Staff Analysis proposing an increased cap to $2.5M/$5M House Bill 401 (2023) - The Florida Senate (flsenate.gov) • SB 604 is the "companion" and currently proposes a $400k/$600k cap. Senate Bill 604 (2023) - The Florida Senate (flsenate.gov) Page 133 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Brown & Brown See The Latest The Weekly Rundown The latest news and topics within the public insurance marketplace. January 16. 2024 Auto premiums could increase another 12% in 2024 These rate increases will be driven by more frequent severe weather events and elevated repair costs. Read More From Al to 1-9: 3 hiring and compliance changes to manage in 2024 As technology transforms the hiring landscape, legislation works to catch up — and employers will have to reckonuvith the compliance changes that come with the Read More Workplace Violence & Active Shooter Guidelines AUTHORED BY: Bruce Dortort Managing Director, Risk Control Jim Zoda Senior Lice Pr Market Trends Commercial Insurance & Risk Management I Response Plan Key Components of an active shooter response/action plan include: Active Shooter Incidents by Location House of _Healthcare Vliorship_, ? 59 Residence 4% Govern ment/ Military 9% Exhibit 2 — Source: Federal Bureau of Investigation. 2022 I WHITE PAPER 2 OF A Case Study Using Advanced Stochastic Modeling ALTHC1:=D B": Caleb Blodgett Analytic& and 'R&D Act.2cry. Thomas Scott Analylics and R&D Acwary Page 134 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown PROPERTY & CASUALI...� Artificial Intelligence, Hiring Practices & EPLI AUTHOIIEd BY: Adanaala Adadigba Claims Analyst Christina Wunsch Managing Director Jane K. Hahn 5eraior Mbneigrng Director Michael DAmbrise Senior lAce President Artificial intelligence (AI) has an increasing presence in the workplace as technology continues to evolve, offering new methods to ease administrative burdens for employers. Employers now have a wide variety of data -driven decision -making tools to assist them in making employment decisions, such as recruitment, hiring, promotions and dismissals. Despite the many benefits of Al, employers may inadvertently run the risk of violating existing federal and state civil rights laws that could lead to employment discrimination claims. Artificial Intelligence and the Hiring Process According to a survey conducted by the Society, for Human Resource Management (SHRM), around 79%of employers were projected to use Al software in recruitment and hiring'. Companies may rely on various software tools to scan resumes for relevant work experience or venture onto the web, monitoring sites like Linked In for potential applicants the company can target directly_ Some employers use virtual assistants or chatbots to screen job candidates for their qualifications. rejecting those who do not meet set requirements. Hiring platforms, Eke HireVue, a video interviewing software, can evaluate candidates based on their facial expressions and speech pattems to determine it the applicant will be a good frt for the organization_ Proponents of using Al software in the hiring process say that it allows employers to process more resumes and applications faster and helps eliminate the risk of biases that can occur during human interaction_ However, without adequate safeguards, there are also risks that employers can encounter under federal and state employment statutes. Title V1 l of the Civil Rights Act of 1964 provides federal protections for employees and applicants against discrimination based on certain characteristics, including race, religion and gender. The Age Discrimination in Employment Act ADEA) also prohibits age discrimination_ However, an employer relying on Al to pre-screen applications could inadvertently disqualify an applicant based on a protected class. For example. an Al software screening application could disqualify applicants outside of a specific geographic radius, which might inadvertently discriminate against a particular racial or ethnic group2. Potential Exposures for Employers Several state and city governments have attempted to regulate the use of artificial intelligence in hiring procedures in response_ Illinois and Maryland have enacted laws limiting `Society for Human Resource Management, Automation & Ail in HR (2D22), hapshirddvccarl'-shrm.tr+c+°51-1 h1-20,22-,4trtomalian a'1! nesea-€ka. tom`. 2U5 Equal' Employment Opportunity Commission. Sefect ksues: Assessing AdverseImp:lain Software. 4kgarithms, and AreiboiIntell gence Used in Employment Selection procedures l nder Titreof the Cia tights Act of 1954. (2O23j Page 135 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Surety/Bonds Resource We have utilized our Surety Practice Leader on several occasions during our tenure with the City to provide advice and negotiations on large projects, and to qualify the City's vendor bond requirements. Tyler DeBord, the Surety Practice Leader for the Daytona Beach Brown & Brown Office, is responsible for all our clients bonding related needs. His experienced team of professionals focus exclusively on surety placement and are up to date on current industry and local market trends through their involvement with the National Association of Surety Bond Processionals (NASBP) and Florida Surety Association (FSA). Tyler and his team manage the surety needs for a vast range of industries, ranging from Construction to Attorneys to Financial Services with nationwide surety needs, to name a few. Licensed in all 50 states, our office has the carrier partnerships and capabilities to provide options for any bond for which our clients qualify. Tyler has been with Brown & Brown since 2010 and holds the prestigious Associate in Fidelity and Surety Bonding (AFSB) and Chartered Property Casualty Underwriter (CPCU) designations along with a General Lines Property & Casualty License. Web Based Training Platform Streamery/Trainery is an online streaming solution provided to Brown & Brown customers to facilitate the training of employees on the policies and procedures that build a safe workplace. This resource is provided by Brown & Brown Public Sector to our clients at no cost. Streamery/Trainery serves as a leader in the distribution of Safety, Management, Technology, and Human Resource training programs. They offer a variety of tools and solutions to help organizations comply with HR regulations and requirements, including OSHA, DOT and the EEOC. The innovative training platform includes over 700 videos on demand that can be streamed anytime, anywhere. The included Training Support Materials make this valuable resource the perfect tool for instructor led or individual training. Notable subjects include: * Defensive Driving * Emergency Planning * Active Shooter and Workplace Violence * Evacuation Procedures * Accident Investigation * Using Fire Extinguishers * First Aid- Until Help Arrives * Hazard Recognition * HIPPA Rules and Compliance * Harassment in the Workplace These work best when led by a supervisor or trainer from an individual department. The trainings are short (5-20 minutes on average), so they're perfect for use in weekly safety meetings and employee orientation! Page 136 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown OVERVI EW New. IJ5eY5 Abaea LI lb 2 TS Usa3 AaT11n vm.ar Loa .0 M1+nc 14.1 Hwldh.ow. 171 95 Ns.a L.116 laI lamb. 141 TOTAL ENTIT1EStrEPT. TOP a USER BY tr OF LOGINS !of wo1 sof Cswp Er.o1.1 Cmwi..1 ...od.i. .W1 14 a 13 .49-51 310 3 IA €1 D 5 50 S-1 36 15 IS :HL31 I0- 9 10 TOTAL ACTIVE COURSi5 MEWS USED RIDGENTLT VIEWER COL1955ES Toul CauseNan, du.. e[.. .,x...._ a a.d..1 .os .r Y. rt oap. • 351 Yfa 2, 01.1 2.11.31ss i-1w Sr..awu.n tlw.,T... oS] VS, 1w Su.a.IFl.�arwa.5..,n�Iw.arl Y+ ifl COMPLETIONS Page 137 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Cyber Expertise The cyber liability insurance market has been in a volatile state the past few years. To offset this market condition and constantly evolving risk exposure, we offer a deep analysis of our clients' risk via a vulnerability and response report. In addition to many Cyber specialists on staff, including assigned team member Kyle Stoekel, a free resource available to the City is access to our Coalition vulnerability and response report. Cyber Liability has become an extremely relevant and important coverage. Brown & Brown has innovated a new approach to cyber liability insurance by first identifying, and then providing resources to control real exposures. Via this resource, we will provide the City a report of vulnerabilities and loss recommendations, highlighted below: 4 CRITICAL 2 Vulnerabilities Domains Last Scanned Industry Incident likelihood compared to average Coalition insured 0.4x as likely Using demographic data on your organization. together with Coalition's global claims data. we've modeled the probability that organizations in your peer group will experience a cyber loss over the next 12 months. as well as the expected severity of loss using a statistical model derived from 10,000 simulated years of cyber incidents. By comparison. we've also included benchmarking on the insurance limits purchased by your peer group. Your rank relative to all Coalition policyholders acme.com Nov 8, 2022 Professional Services Employees PHIIPCl/PII Revenue Your Company 0 so Estimated loss based on your organization's risk profile Typeof loss Median I in 10 years 1 in 100 years Composite j/9,iuy S596.524 Sa.072.35O Ransomware S144,700 S882,081 S3.844212 Funds Transfer Fraud S70.148 S461.806 S2.I42.707 Data Breach S50.522 S392924 S2,088114 Limits purchased by peer organizations Up 10 S1M S1M - S2M S2M - S5M S5M - S1OM ® 6 Page I 38 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Brown & Brown Aviation Resources Brown & Brown PROPERTY & CASUALTY Aviation Services Supporting the Navigation of Your Flight Path Overview Aviation risks are unique and complex— regardless of your scope of operation. Brown & Brown has a risk management team dedicated to aviation that works with you .and your team to gain a better understanding of your needs and identify, assess and help to manage the potential risks in your flight path. How We Can Help Our team consists of experienced aviation professionals who are not only licensed pilots. but also have the specialized knowledge needed to navigate the aviation insurance marketplace. We use this knowledge to consult on a diverse spectrum of aviation risks. Direct Access: We do not use domestic wholesale brokers, which allows our team to negotiate directly with insurance companies. As a result, you receive prompt service and expedited delivery of time -sensitive documents. • Accidents Happen: immediate first response is crucial in the aviation industry_ Our team is accessible to help coordinate with claims professionals and deploy resources. We are accustomed to NTSB and FAA protocols, which enable us to communicate effectively in accident scene investigations. ▪ Commitment To show our team's passion and commitment. we are actively involved with national and regional aviation organizations. These include the National Business Aircraft Association (NBAA), Aircraft Builder's Counsel ABC) and the Aviation Insurance Association {AIA)_ • Safety Safety is the cornerstone of our industry. Through select insurance partners, we offer state-of-the-art aviation safety programs for flight departments. Some of these include: • Emergency Response Planning (ERP) • Safety Management Systems (SMS) • ISO-BAO Certification Phases I through 111 Imp.lamentation Specialties • Aircraft Hull & Liability • Airport Liability • Agricultural Aviation • Aviation Products Liability 4 Aviation General Liability • Government & Municipal Aircraft & Airports • Non -Owned Aircraft Liability • Workers' Compensation • Environmental Coverage • Unmanned Aircraft Systems {UAS} Page 139 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown FEMA Public Assistance Coordination Our vast experience in managing large property claims has led us to develop unique programs such as our FEMA Coordination program. This service was created in response to the difficulty that most public entities experienced in dealing with FEMA after the major storms in 2004. FEMA Our first initiative was to gain an intimate understanding of the Stafford Act and its implications in providing public assistance funds in Florida. We then met directly with FEMA representatives in the Lake Mary Long Term Disaster Recovery office and quickly established a procedure and protocol with FEMA personnel that improved their ability to quickly pay public assistance funds to our clients. For example, we have provided a current client property policy and schedule to FEMA in advance of any losses so that FEMA will not need to request this information directly from our clients. We have also coordinated the efforts of the insurance company's loss adjusters to better align with the data that FEMA requires on their Project Worksheets. These Project Worksheets are an integral part of FEMA's reimbursement process and can significantly slow the process if they are not completed accurately. We are committed to working with FEMA representatives and consultants to expedite every aspect of the public assistance process. In the event of a major loss we will be assisting in every step of the insurance company claims process as well as the FEMA reimbursement process. With the protocols in place, we can effectively improve the expediting of claim payments and cash flows. Page 140 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Captive Management and Consulting* Brown & Brown CAPABILITY OVERVIEW Captive Management and Consulting A Holistic Approach to Alternative Risk Financing Overview In todays highly competitive. margin -driven market, it is important to explore the alternatives to traditional insurance_ One alternative is the use of a captive to increase your return on investment Brown & Brown's Captive practice can review your insurance buying trends and analyze your data to help you determine if a captive fits your needs. You will receive insights to help you design and deliver an effective and efficient captive solution thataddresses your insurance cost, core rage and profit goals. How We Can Help Brown & Brown's Captive Management and Consulting team takes an innovative approach to address your insurance cost, coverage and profit goals. Strategies to help meet those goals can include increased risk retention, use of a captive. increasing or decreasing limits of insurance. blending various lines of coverage in an integrated program or possibly transferring more risk Our services include: • Captive pre -feasibility and feasibility • Application and licensing • Alternative risk and strategic consulting • Critical analyses on program structure and risk retentions • Captive optimization • Ongoing management, including financial and regulatory reporting and compliance • Audit and actuarial support • Brokerage and analytics support • SOC1 audit of your internal policies and procedure — the ONLY manager to make such an investment Page I 41 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Enterprise Risk Management Resources* We have a myriad of analytics and resources, including Risk Mitigation and Risk Financing Analytics*, some of which may have additional costs. PROPERTY & CASUALTY Casualty Claims Helping You Through Each Stage of the Claims Cycle Overview The Brown & Brown Casualty Claims team provides comprehensive claims management and advocacy to help you manage the cost of loss through all stages of the claims cycle. Our consultants and specialists will help you identify the claims trends driving your retained Toss costs, develop strategies to address these trends, help implement those strategies and measure the impact of the actions. We also advocate for you in disputes with insurers for the programs we manage. Our Casualty Claims team strives to lower your retained Toss costs and maximize the recovery you are due under the insurance policies we place. How We Can Help Our Casualty Claims team offers a broad range of services to help you throughout the claims process. Services: ▪ CAPE Operational Assessments • Claim Review Management • FOCUS Claim Audit • Claim Inventory Reduction In addition, we offer: • Claim Benchmarking Priority and Red Hag Score • Interactive Dashboard with Emergence Sched ule Collateral and Escrow Requirement Reviews • Claim and Managed Care Vendor Selection Large Loss Strategy Analytics {Dashboards, KPI Tracking) • Due Diligence for Customer Mergers and Acquisitions ▪ Loss Forecasting in Conjunction with Actuary Page 142 City of Miami RFP #: 1471386 - Insurance Brokerage Services In -House Property & Casualty Actuaries* Overview Large accounts that retain a significant amount of risk need sophisticated analysis. The Actuarial team collaborates with you to evaluate risk transfer options to help minimize your expected total costs of risks. Our analytics can help identify new and significant trends, quantify the impact that changes may have an the business portfolio and offer solutions to meet your risk tolerance needs and strategic business goals. Brown & Brown has an Actuarial team dedicated to working with you to better understand risk financing options and costs. • • • • • • • • • • *Some services may require additional fees. Brown & Brown How We Can Help The Actuarial team is comprised of four Casualty Actuarial Society (CAS) credentialed actuaries and five analysts that regularly provide our brokers, captive managers and customers: • Loss reserve reports and actuarial opinions • Loss forecasts, including retention and variability analysis (simulation and confidence levels) • Economic (NPV) comparisons for insurance program options • Emergence schedules to monitor actual versus expected loss development • Premium determination and allocations studies • Captive feasibility and new Tine of business analytics Brown & Brown actuaries differentiate themselves by working with you and our brokers to understand what goes on behind the numbers, We recognize that historical patterns only sometimes provide an accurate picture of current exposures, Our team values an open dialogue so that our analysis will reflect the current program and future expectations where possible. Our goal is to provide technically sound analytics that help meet your current needs. Page 143 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Strategic Relationships/Outside Resources Brown & Brown Public Sector also has relationships with organizations that may or may not be Brown & Brown subsidiaries. We always utilize and recommend the service provider that in our opinion will most benefit the client and fulfill their needs, whether a subsidiary or not. Brown & Brown's decentralized culture allows for this flexibility. Our customers' opinions and directions on vendor use are always welcome! Centurisk - Asset Management One such entity is Centurisk (parent company and f/k/a Asset Works), 111 an international asset management solutions company. In business for CenturisHf1 over 30 years, we have access to their valuation and risk management consultants and subscribe to their innovative and unique Asset Management Platform (AMP) technology. Risk-Meter/CoreLogic - Reliable Hazard Risk Data A completely online resource providing on -demand hazard risk data. This in-house subscription is utilized to be sure the most accurate and complete underwriting data is provided to the property underwriters via the Property Schedule. Real Time Data Available for individual sites includes: Co re Log i • Distance to Coast • Flood Zone Determination including distance from SFHA zone • Storm Surge Score • FEMA Flood Insurance Rate Map and panel number AIR - Property Modeling & Risk Analytics We have a national contract with AIR Worldwide for access to their Touchstone Platform. The Touchstone Platform provides proprietary software -driven program analytics of individual client risk exposures on multi -layered interactive maps. These highly sophisticated analyses provide actionable data via Interactive mapping and client -specific geographic risk profiles, including: • Data analysis to reduce uncertainty, ensure accurate underwriting data, and preempt modeling formulas utilized by insurers to evaluate risk, set rate and coverage terms • Custom catastrophe and non -catastrophic modelling analysis • Visualize severe thunderstorm and windstorm risks • Quality data analytics which measure true risk profiles • Geo-visualization tool - Spatial Key wA R `� A Verisk Business Dependent upon the need and scope, certain resources may require a unique proposal and additional fees. Page 144 City of Miami RFP #: 1471386 - Insurance Brokerage Services 400_00 300.00 5 200.00 100.00 ▪ $3 • 52 5 52 51 51 50 Brown & Brown Sample of AIR Touchstone v10/2024 analytics. PML- Named Windstorm 20 25 50 100 250 500 1000 5000 100:0 ■ Grou nd1Jp_u 15 • Gnoss_VAS PML- Flood 20 25 50 100 250 500 1000 5000 10003 • Graundup FL • Gros5_11 560 O sou 510 520 50 PML-Convective Storm 20 25 50 100 250 500 ■ GrnundUp_C5 Grass_CS II 1000 5Ci00 1000D 51 v 5i 5 51 51 50 50 50 PML - Winter Storm •.11III 20 25 50 100 250 500 1000 5000 10DCO ■ Gioundup_EQ Gross_EQ Exposure by Flood Zone 0.12% :-3_4496 soft Rock • Fi rm Ruck • soft to Firrn Rock (stiff soil) Exposure by WindStorm Risk • haiildEratE Page 145 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown North ®ay VII[age We also provide access to the RMS modeling analytics and provide comparisons between AIR and RMS to the City, such as the below for 2024 overall Probable Maximum Loss (PML's). $200,000,000 $150,000,000 $100,000,000 $ 50,000,00O so Avg Annual Loss Std Deviation 50 Year 100 Year 250 Year 500 Year 1000 Year ■ R NE (2024) - Grt+ss adih 5% de]" • AIR [2024} - Gross with 5% ded Page 146 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown m) PART 1: Certify that Proposer has access to insurance markets and can provide all property, casualty and special (such as cyber) insurance required for the City. Brown & Brown certifies that it places approximately $25 Billion of premiums with hundreds of insurance markets. Brown & Brown Public Sector provides all lines of property and casualty insurance and currently places all the City of Miami's property and casualty insurance. We have valuable relationships with, and access to, all insurance markets currently comprising the City's program. Brown & Brown's market philosophy has always been to develop relationships and place business with as many markets as possible vs. other brokers who focus on placing business with select "preferred" carriers. Our style is to maintain professional relationships with all markets. This strategy delivers our clients options, open market representation, and great results of the most effective leveraging of terms and conditions available in the marketplace. Our team maintains excellent market relationships that survive and flourish in hard, soft, and stable markets. The challenge in designing and implementing custom insurance programs, however, is maintaining a thorough understanding of the market as it evolves. The evolution of the marketplace creates both challenges and opportunities for brokers to deliver for their clients. In Florida especially, the market changes quickly. Below are some of the factors which drive the consistent change and necessitate top -tier broker performance: 1. Catastrophic Losses 2. Windstorm Modeling 3. Changes in Carrier Appetite 4. New Carrier Entrants & Departures 5. Shifts in the Legal Environment 6. Regulatory Changes 7. Emerging Exposures 8. Insurance Product Trends 9. Investment Capital 10. Global Capacity Fluctuations On the following page, we provide a sample listing of major insurers which may be utilized in the placement of the City's program. Page 147 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Property Markets Domestic Access Domestic Access Domestic Access Affiliated FM/FM Global AGCS (IFC) AgRisk AIG (Lexington) Allianz AmRisc (MGA) Arch Arrowhead (MGA) Aspen Assurant Ategrity Avondale Insurance Company AWAC AXA XL Axis Barbican Beazley Berkshire Hathaway BH Homestate BH Specialty Insurance Canopius Catalytic Chubb (ACE) CM Vantage CNA Colonial Group Colony Commonwealth Continental/Fidelis CoreSpecialty Crum & Forster CV Starr Diamond State Direct Fac Everest Re EC3 Brokers LTD Endurance (Sompo) EQOne (formerly SIU) Equinox Ethos Floodwatch GenStar GEP Golden Bear (NACRe) Great American Great American Risk Solutions Guideone Hallmark Hudson Specialty Ironshore Indian Harbor Liberty Mutual Markel Munich Re Philadelphia Risk Smith RSUI Seneca Insurance Company Sigma Sompo International Southern Hospitality (SHU) SRU Starr Surplus StarStone Swiss Re The Hartford Tokio Marine Travelers TRU (Hannover) USLI Velocity Ventus Westfield Zurich VIKCO WKFC WNC First (flood only) XL E&S Zurich Specialty London Access Aegis AFB 2623 (Beazley) AMA 1200 (Argo) AML 2001 (Amlin) APL 1969 (Apollo) ARG 2121 (Argenta) ARK ASC (Ascot) AUL 609 (Atrium) AXS 1686 (Axis) BRT (2987) (Brit) BUW (Blenheim) CGM 2488 (Chubb) CHN 2015 (Channel) CNP (Sompo Canopius) DUW 1729 (Dale) ENH 5151 (Sompo Int'l) FDY 435 (Faraday) Fidelis HAM 3334 (Hamilton) Hannover Re HCC (Tokio Marine HCC) HDY (CNA Hardy) HIS 33 (Hiscox) Inigo Inter -Hannover Ki Kiln 510 Lancashire Lexington Liberty Page 148 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown London Access Bermuda Access Bermuda Access MAP 2791 (Managing Agency Partners) MMX 2010 (Cathedral) Munich Re Neon 2468 ONE 1743 Scor Re Skyward Alcor Allied World Arch Re Bermuda Argo Bermuda AXA XL Chubb Bermuda Fidelis Hamilton Re Liberty Specialty Markets Markel OCIL Sompo Casualty and Workers Compensation Markets The following list of markets are those that are typically the most competitive for our Florida government clients within Casualty and Workers Compensation and Excess Casualty and Workers Compensation placements. These carriers have consistently delivered competitive rates and expansive coverage terms specifically designed for public entities. We have established meaningful relationships and significant program placement volume with the insurance carriers listed below which have historically exhibited a strong appetite and sufficient capacity for large City exposures. Please note this is not an exhaustive list of all carriers but a list of currently competitive markets. We are always evaluating new and emerging markets that can provide our clients with efficient terms. Carrier Carrier Carrier AIG Allianz Allied Public Risk Allied World Assurance AmTrust Argonaut/Argo Arch Aspen Berkley Berkshire Hathaway Brit / Lloyds Chubb / ACE Cincinnati CNA Darwin Employers Re Euclid/Scottsdale Fairfax Fortegra Global Aerospace Genesis Hanover Hartford Hiscox / State National Hudson Liberty Mutual Midwest Employers Midlands Management (MGU) Munich Re Nautilus Old Republic One Beacon Preferred Governmental Insurance Trust QBE Safety National/Tokio Marine Selective Starr Aviation Trident/Paragon Travelers / Discover RE US Specialty XL/Catlin XL Aerospace Western World Zurich Page 149 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Brown & Brown Key Market Volumes Brown & Brown has significant premiums with insurers serving our clients, therefore bringing automatic market leverage to our clients. Key Market Volumes Market Brown & Brown Placed Premiums Lloyd's Zurich Berkshire Hathaway Hartford Chubb Travelers QBE Liberty Mutual Safety National/Tokio Marine Munich Re AIG Markel Arch $1,112,000,000 $572,000,000 $552,000,000 $550,000,000 $544,000,000 $450,000,000 $450,000,000 $380,000,000 $350,000,000 $273,000,000 $254,000,000 $253,000,000 $240,000,000 While we maintain and access all options available, we also take advantage of Brown & Brown management of industry -leading programs for public entities nationwide. It has been a significant advantage to the City of Miami to have priority/high-level access to these markets, including: • AIG - National Professional Liability program for public entities • Preferred Governmental Insurance Trust - Property, Liability, Workers Compensation • Catalytic - Property Capacity • Arrowhead - Property Capacity Page 150 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown m) PART 2: Identify if Proposer has taken any exception to the terms of this solicitation. If so, indicate what alternative(s) is being offered and the cost implications of the exception(s). Unless otherwise indicated in the specified forms or areas, we are confident that we can meet and exceed the terms of this solicitation. We reserve the right for our Legal Team to review and approve final contract terms. n) Provide an organizational chart showing all key personnel, including their titles, to be assigned to this project. All key personnel include all partners, managers, seniors and other professional staff that will perform work and/or services in the project resulting from this solicitation. The chart must clearly identify the Proposer's employees and any subcontractors or sub -consultants. This information shall include the general functions to be performed by key individuals and the subcontractors or sub -consultants. Below is Brown & Brown Public Sector's organizational chart, noting a flat structure with direct access to Brown & Brown President & CEO Powell Brown. Page 151 City of Miami RFP #: 1471386 - Insurance Brokerage Services Organizational Chart (City's designated Team shown in Red) Brown & Brown Brown 8 Brown J. Powell Brown President & Chief Executive Officer Michael Keeby Regional President RISK MANAGEMENT ASSOCIATES, INC. Matt Montgomery Executive Vice President Property & Casualty Account Advisors Michelle Martin, CIC Senior Vice President Public Risk Advisor Bill Wilson, MBA Public Risk Advisor Kyle Stoekel, ARM-P, CIC, CRM Public Risk Advisor Paul Dawson, ARM-P Senior Vice President Public Risk Advisor Molly Grande, CPCU, ARM, CISR Public Risk Advisor Devyn Donley Public Risk Advisor Property & Casualty Service Team Robin Russell, ARM-P, CISR, CSRM Director of Operations Emily Bailey Public Risk Specialist Melody Blake, ACSR Senior Public Risk Specialist Taylor Brodeur Public Risk Specialist Maricela Calderon Public Risk Specialist Jessica Conway Public Risk Specialist Patricia "Trish" Jenkins, CPSR Senior Public Risk Specialist Page I 52 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown Sr Brown Key Service Team Member Responsibilities for City of Miami * Executive oversight of Brown & Brown servicing office Matthew Montgomery * Authorized to execute contracts Executive Vice President * Governmental operations specialist Estimated Time for City: As Needed * Executive level communications and presentations * Interaction with legislative developments * Daily communication and policy servicing Robin Russell, ARM/CISR/CSRM * Monitor processes and procedures Director of Operations * Maintain quality control standards Estimated Time for City: Weekly * Development of customer service resources * Oversees all aspects of insurance program placements and broker services Michelle Martin, cic * Claims advocacy resource Sr. Vice President/Public Risk Advisor Estimated Time for City: Weekly * Oversees technical approach, strategy, program review, analysis, insurance program design, marketing and negotiations * Execute all aspects of insurance program placements Bill Wilson, MBA and broker services Public Risk Advisor/Account Executive Estimated Time for City: Weekly * Risk Management service and analysis, claim review and response advocate, overall program implementation * Analytics and other technical/special projects. Kyle Stoekel * Marketing liaison Public Risk Specialist Estimated Time for City: As Needed * Creation and assembly of reports, claims data and loss history summaries * Backup to Ms. Russell * Senior account manager backup to assist in Service and Melody Blake, ACSR Marketing Senior Public Risk Specialist Estimated Time for City: As Needed * Quote/Binder/Policy review for accuracy * Invoicing, certificates and general inquiries * Property, Auto and Inland Marine schedule maintenance * Backup to Ms. Blake Jessica Conway * Additional contact for all service & Certificates of Public Risk and Claims Specialist Insurance Estimated Time for City: As Needed * Claims processing and handling * National Flood Insurance Program (NFIP) specialist Gary Raia, ARM * Expert in safety and loss mitigation techniques Director of Loss Control * Loss trending and recommendations Estimated Time for City: As Needed * Available on -site Page 153 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown o) Describe the experience, qualifications and other vital information, including number of years of relevant experience on previous similar projects, of all key personnel who will be assigned to this project. Our Team We are a team of passionate, motivated, hard-working insurance industry leaders who are extremely excited and ready to work with the City on a new partnership focused on long-term goals and improvements to the City's current program with an injection of expertise, energy, and fresh ideas. Our entire team of insurance professionals is cross -trained and educated on all accounts, which provides continuity and exceptional service standards. Our proactive approach includes establishing a calendar of events with our clients which maintains the insurance program in real- time and assures that we are aware of and available for important meetings, events and deadlines. This includes communication expectations and reporting requirements. It is our service model to immediately identify and document client expectations and to meet those needs on a daily and ongoing basis. Part of the Brown & Brown culture is our endless pursuit of learning. All teammates within Brown & Brown are required to maintain required national, state and local licensures. All teammates also are mandated to complete annual training programs and other focused education requirements. 2023 required courses include cyber risk management, ethics, and licensure requirement review. These requirements ensure higher knowledge and consistency of our professionals, and therefore consistency of quality service for our clients. Brown & Brown University (BBU) has been developed over the past 10 years to provide in-house education to ensure teammates receive technical training, advanced learning, market navigation, leadership skills, product and presentation innovations, and best practices within our culture. Increasing our knowledge of the insurance industry helps us to stay focused on our core operations and enhance the company's ability to sell and service insurance. In addition to obtaining and maintaining the proper state licenses, teammates and leaders are encouraged to pursue insurance related designations. The educational programs that encompass these designations serve two important needs. First, the coursework provides insurance professionals with an in-depth understanding of industry practices. Second, having achieved these designations illustrates an insurance professional's expertise in their field to prospective clients. Page 154 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Brown & Brown has partnered with some of the organizations that offer continuing education ad designation programs for the insurance industry including The Institutes, The National Alliance for Insurance Education, The National Association of Benefits and Insurance Professionals, The National Underwriter Company, and The American College. These partnerships give teammates discounts on their education costs. In addition, we reimburse employees for all education costs. Our team's collective experience exceeds 300 years, and all teammates are encouraged to continue their pursuit of knowledge by continuing educational endeavors. As a result, most teammates hold professional insurance/risk designations, including: • Bachelor of Science - Risk Management/Insurance • AIDA - Associate in Insurance Data Analytics • ARM-P - Associate in Risk Management for Public Entities • RMPE - Completion of Risk Management for Public Entities • CIC - Certified Insurance Counselor • CISR - Certified Insurance Service Representative • CPCU - Chartered Property Casualty Underwriter • CRM - Certified Risk Manager • GBA - Group Benefits Associate • GBDS - Group Benefits Disability Specialist • GWPC -Certified Wellness Program Coordinator • VBS - Voluntary Benefits Specialist • CEBS - Certified Employee Benefits Specialist Page 155 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Team Leader and Project Manager Michelle Martin, CIC Senior Vice President/ Public Risk Advisor LOCATION: Corporate Headquarters Daytona Beach, FL Michelle Martin will serve as the Team Leader and Project Manager for the execution of the City's risk management plan. She will direct our team providing deliverables for this project. Michelle's professionalism and expertise in the industry has been exemplified by his commitment to and representation of Florida's large self -insured governmental entities over the past 25 years. Throughout the contract year, Michelle will oversee insurance submissions, marketing, negotiation, and presentation of insurance program design. She will be directly involved and responsible for the delivery of related resources including claims advocacy, asset and other insurable financial analysis and valuations, loss control, property appraisal, and other services. It is important to note that Michelle's workload has been tailored to provide the extra attention deserved by our Risk Management accounts. Her ability to effectively manage these projects have been developed from a unique background and subject -matter focus highlighted below. Lead Account Executive for 11 FL public entity self -insureds 33 years' experience includes Marketing Manager for corporate office, negotiation, and placement of alternative risk transfer mechanisms for US and European commercial business. Since 2005, sole focus on public entity program management. Large multi -layered property design and placement Insurance and self-insurance program and policy design Local government financing and budgeting Public entity law (FL Statues, procurement, court rulings, etc.) Claims advocacy, including extensive hurricane recovery experience. Informational and educational presentations to public entities and industry organizations. Involved and committed to keeping on the cutting edge of our business and client interests via industry organizations, including PRIMA, FERMA, FCCMA, FLC and RIMS. Michelle's qualifications include the following: Certified Insurance Counselor (CIC) Risk Management for Public Entities (RMPE) Advisory Board Member - SW Florida PRIMA 2-20 General Lines Agent License, State of Florida 29 years of Florida Public Entity Insurance Experience 33 years Insurance Brokerage Experience Page 156 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Executive Vice President Matt Montgomery Brown & Brown Public Sector Practice Leader LOCATION: Corporate Headquarters Daytona Beach, FL Mr. Montgomery leads Brown & Brown Public Sector with almost 20 years of experience in Federal and State Government. Matt's expertise is particularly valuable for direct assistance with government agencies, presentations to executive staff and Boards, and other executive meetings as needed. Matt also provides high-level support to all aspects of client services. Matt's qualifications include the following: Florida State University, BS Degree, Philosophy Brown & Brown - 2013 to Present Florida DHSMV - 2012 to 2013 Southern Strategy Group - 2007 to 2012 US Senate Office - 2002 to 2007 2-20 General Lines Agent License, State of Florida 2-15 Life, Health, & Variable Annuities License, State of Florida 9 years Florida Public Entity Insurance Focus 20 years of Florida Governmental Experience Account Executive and Back Up Team Leader Bill Wilson, MBA Public Risk Advisor LOCATION: Broward County satellite of Corporate Headquarters Daytona Beach, FL As the Account Executive and Back Up Team Leader, Bill will serve as back up to the Team Leader and Project Manager for the execution of the City's risk management services. He will act as the primary contact on occasions when Ms. Martin is unavailable. Throughout the contract, Bill will engage in insurance submission, marketing, negotiation, presentation of coverage, program design and financial analysis. Bill's Public Entity and Risk Management experience is inclusive of leading service and marketing teams, data analytics & stewardship reporting, and providing contract review and recommendations. Bill's qualifications include the following: Florida International University, BA in Finance Florida International University, MBA in Finance Brown & Brown - 2022- Present State & Local Government Independent Consultant 2021-2022 Miami -Dade County (BOCC) -2017-2021 State of Florida (Florida House and Florida Commerce) - 2006-2017 State University System (FIU) - 2000-2006 20 years of Government experience Active in South Florida RIMS & PRIMA 2-20 General Lines Agents License, State of Florida Page 157 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Critical Support and Service Team As Primary Account Manager, Ms. Russell would oversee day-to-day customer service for the City. With a Risk Management degree from Florida State University, Robin has focused in public entity insurance and risk management for 20 years. She is also charged to constantly improve Brown & Brown Public Sector's service offerings, including technological efficiencies to assist our clients. Her individual account workload is limited to just a few VIP accounts. This special focus allows for immediate resolution of unique needs of our clients. Ms. Russell is well versed in providing solutions for large accounts with the utmost professionalism, including: • Customized service delivery plan • Asset schedule and policy management • Contract and coverage expertise • Legal and quality control Robin Russell, ARM-P, CISR, CSRM Director of Operations LOCATION: Corporate Headquarters Daytona Beach, FL Ms. Russell's qualifications include the following: Florida State University, B.S. Risk Management/Insurance Brown & Brown - 2004 to Present State Farm - 1998 to 2004 Certified Insurance Service Representative (CISR) Certified School Risk Management (CSRM) Associate in Risk Management for Public Entities (ARM-P) Midwest Employers Agent's Advisory Council 2024-5 2-20 General Lines Agent License, State of Florida 2-15 Life, Health, & Variable Annuities License, State of Florida 1-20 Surplus Lines License, State of Florida 20 years of Florida Public Entity Experience Page 158 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Melody Blake ACSR Senior Public Risk Specialist LOCATION: Corporate Headquarters Daytona Beach, FL Ms. Blake will serve as backup for the daily service support needs and special project requests for the City. With her 30+ years of insurance background, she is a valuable resource that frequently steps in to assist the designated team as needed. She will provide support for routine service functions, including response to service requests, maintain property, vehicle, and equipment schedules, and handle general requests for service in a multitude of other areas as needs arise or as requested. Key functions include but are not limited to: Quote/Binder/Policy review for accuracy Proposal/Binder/Policy delivery Invoicing, Certificates and general inquiries Audits and premium adjustments Carrier premium payments Property, Auto and Inland Marine Schedule maintenance Provide up-to-date Schedules of Insurance coverage Creation and assembly of reports, claims data and loss history summaries Securing alternative needs such as performance bonds, additional coverages, etc. Melody's qualifications include the following: Accredited Customer Service Representative (ACSR) Brown & Brown - 2010 to Present Beskin & Associates - 1990 to 2010 2-20 General Lines Agents License, State of Florida 32 years Commercial Insurance Experience 12 years of Florida Public Entity Experience Page 159 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Jessica Conway Public Risk and Claims Specialist LOCATION: Corporate Headquarters Daytona Beach, FL Kyle Stoekel, ARM/CIC Public Risk Advisor Reporting/Analytics LOCATION: Corporate Headquarters Daytona Beach, FL Ms. Conway is responsible for front line claims reporting (fully insured policies) and advocacy for the City. She will also assist with Certificate of Insurance issuance, claims file management, and NFIP Flood program policy administration. Jessica provides backup for Certificate -related questions and other administrative projects. Jessica's qualifications include the following: Stetson University, Bachelor of Science Brown & Brown - 2023 to Present 2-20 General Lines Agents License, State of Florida Kyle Stoekel has excelled during his 10-year tenure with Brown & Brown with full understanding of advanced risk exposure identification and the financial analytics of self -insured programs. Kyle has developed many of the reports and benchmarking utilized on behalf of our self - insured Risk Management clients. Kyle's qualifications include the following: University of Florida, Bachelor of Science Brown & Brown - 2014 to Present 2-20 General Lines Agents License, State of Florida Associates in Risk Management for Public Entities (ARM-P) Certified Insurance Counselor (CIC) Page 160 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Specialty Marketing Team Liz White, CPCU, ASLI President Peachtree Special Risk Brokers, a Division of Bridge Specialty LOCATION: Bridge National Headquarters Atlanta, GA Liz is the President of National Property Brokerage, assisting in the formation of Peachtree Special Risk in 2000. She is responsible for writing and managing over $60 million in wholesale property premium. Liz specializes in layering large public entity, real estate, technical, and habitational schedules, placing reinsurance for captive programs and risk pools, negotiating manuscript forms, wrap around coverages and developing programs for large groups. Liz's expertise is on catastrophic exposed risks and hard to place loss leaders. She manages a team of brokers and assistants along with the property brokerage training program for Peachtree. Her focus is on carrier relationships, marketing and customer service to retail agency base. Liz has been directly involved in the favorable property program placement strategies for the City of Miami for over 15 years. Liz's qualifications include the following: Georgia State University - MBA Risk Management & Insurance University of Miami - BS Communication CPCU, Chartered Property and Casualty Underwriter ASLI, Associate Surplus Lines Insurance Started career at Marsh & McLennan and Gresham & Associates Founding member of Peachtree Special Risk Property Division Holds insurance licenses in 34 states Risk Management Foundation Trustee - GA State University President's Council - University of Miami Involvement in industry organizations, including NAPSLO, RIMS, and WSIA 30 years of Florida and US Governmental Property Experience Page 161 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Justin Gelati Executive Vice President Apex Insurance Solutions, a Division of Bridge Specialty LOCATION: Mt. Laurel, NJ and Chicago, IL Justin Gelati began his career with Apex in 2010. In 2021 he was promoted to Executive Vice President of Apex and currently oversees their national brokerage operation which is excess of $500M in written premiums. He is currently the Public Entity Practice Group Leader of Bridge Specialty. With 14 year' experience in developing national programs and services for public entities, he has placed all types of insurance products, including pooling arrangements, small entities, and self -insured Individual Risk Placements. He has worked with risks to include countrywide School Districts, Counties, many Cities, including some of the largest urban cities in the USA. Coverages placed include Primary and Excess Workers Compensation, Law Enforcement Liability, Automobile, Public Officials Liability, and other alternative risk management programs. He also manages a team of public entity Cyber specialists. Justin currently places over 50 public entity self-insurance programs and 20 public entity risk pools throughout the country. Program design proficiencies include buffers, corridors, and manuscript coverages. His niche specialty is Law Enforcement and Public Officials Liability. Justin has been directly involved in casualty program placement strategies for the City of Miami for over 5 years. Justin's qualifications include the following: Steven's Institute of Technology Top Specialty Broker - 2023 Insurance Business America Supporter of PRIMA, AGRIP, and WSIA Licensed in all 50 states 14 years National Public Entity placement specialist Page 162 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Randle Baxter Marine Specialist Broker Hull & Co., a Division of Bridge Specialty LOCATION: Ft. Lauderdale, FL Hull & Company has been a leader in the marine insurance industry since it was formed in 1962. Due to special marine -related exposures such as Marina Operators Legal Liability, Hull and Protection & Indemnity exposures facing the City, we have included Randle in our Marketing Team. Randle leverages Hull & Company's national volume and Florida relationships to provide optional quotes annually, thereby always providing the best coverage terms and premiums for the City. With a wide range of access to multiple carrier partners, understanding each carrier's appetite is a major proficiency. Randle utilizes this knowledge to negotiate with the City's best interests in mind. Randle has been directly involved in the marine program placement strategies for the City of Miami for 2 years. Randle's qualifications include the following: Troy University - BS in Risk Management Insurance Commercial Marine Insurance Professional (CMIP) Associate in Insurance (AINS) 2-20 General Lines Agent License, State of Florida 1-20 Surplus Lines License, State of Florida Page 163 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Alison Wynne Aviation Practice VP Brown & Brown LOCATION: Minneapolis, MN Alison Wynne serves as the Aviation Practice Leader for Brown & Brown. Prior to joining the Brown & Brown team, she managed an aviation specialty brokerage in Minneapolis, Minnesota. Her experience in the industry includes the placement and servicing of insurance for airlines, corporate flight departments, aviation products liability, EMS operations, charter operators, fixed based operators, airports, flight schools, aerial applicator, commercial rotor wing and governmental entities. Her professional experience also includes work as a flight dispatcher at Western Michigan University College of Aviation, an internship at Gerald R. Ford International Airport, and as a service representative at a full -service fixed base operation in Grand Rapids, Michigan. She is an active member of several national and regional aviation associations and is currently serving on the Brokers Committee for the Aircraft Builders Council and was voted by a group of her peers to be on the Executive Board of the Minnesota Business Aviation Association (MBAA). Alison is currently serving as the President of the MBAA. In 2022, Alison was awarded the National Business Aviation Association (NBAA) 40 Under 40 Award Allison's qualifications include the following: Western Michigan University Hay Companies - Aviation Practice Leader NationAir Aviation Insurance Agency 18 Years of Aviation Experience 14 Years as an Aviation Insurance Broker Page 164 City of Miami RFP #: 1471386 - Insurance Brokerage Services Loss Control and Safety Christopher Kittleson, ARM, CPSI Director of Loss Control Service, Public Risk Underwriters LOCATION: Boca Raton, Florida Brown & Brown Christopher provides loss control and risk management services in the Public Risk Underwriter's group (Brown & Brown subsidiary) which serves over 400 public entities in the State of Florida. He brings expert advice regarding risk identification and control in the field and at the employee level. His work has been exclusively focused on South Florida public entities for 13 years. Areas of focus include: Safety Training Safety Inspections Safety Program Review & Evaluation Safety Committee Development and Guidance Accident Review Board Development and Guidance Christopher's qualifications include: 30 years' experience in the insurance industry Public Risk Underwriters - 2007 to Present Risk management policies and procedures Safety Committee meeting organization, agenda format, and direct participation for topical discussions or leadership needs. Claims monitoring and mitigation through training programs, OSHA Certified National Safety Council Instructor B.S. Engineering Technology, St. Cloud State University, MN Page 165 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Gary Raia, ARM Senior Safety & Loss Control Manager LOCATION: Palm Coast, Florida Gary is a Senior Safety and Loss Control Manager offering 30 years of experience in Enterprise Risk Management, Safety, Loss Control and Insurance Coverage for Fortune 500 companies and Public and Governmental entities. Past employment include employment with PMA Insurance, Walt Disney World, and Port Canaveral Florida. He has a strong background in enterprise level hazard identification, risk control development, safety committee management, and claims assessment and strategy. His strengths include implementing proven methods to decrease both frequency and severity of claims, budgeting and cost control, strategic planning, staff training, and analysis and protection of assets. Gary will be made available to City of Miami in addition to Chris Kittleson. Gary's background includes: 30+ years' experience in Safety/Loss control and Risk Management. Claims monitoring and mitigation through training programs ARM Designee OSHA Certified B.S. - Industrial Engineering/Safety Systems Management from New York University NJ Governor's Award for "Outstanding Safety Performance" Page 166 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown p) Provide any other information or documentation for the Proposer's qualifications and experience from which the City of Miami can benefit under this contract. Brown & Brown provides a superior team for your marketing and daily service needs. Sr. Vice President - Project Manager Michelle Martin is ultimately responsible for the City's satisfaction with products and services utilized by the City. She interacts daily with her clients to maintain our office's commitment to concierge -level service. She currently handles a lower -than -average account load of 25 clients to allow adequate time for risk management consulting and project management for large, sophisticated accounts such as the City of Miami. Account Executives In order to ensure outstanding service delivery for all Michelle's clients, Bill Wilson and Kyle Stoekel provide Account Executive services to Michelle's client base. Bill's unique background including employment with Miami -Dade County government provides the City with a unique strategic perspective to risk management. Bill is located in South Florida and actively supports the local community. Kyle has been working on Michelle's team for over 5 years to address specific developing issues as needed. For example, one area of Kyle's focus is the understanding and communication of risk management and transfer of the constantly evolving Cyber Risk. Kyle is also proficient in managing asset schedules and assisting public entities with strategies for asset trending and application of Property Valuations. Valuation updates has become a driving issue in today's current hard market, and our valuation trend review services have been invaluable to our clients. Public Risk Specialists (Daily Customer Service) Our highly qualified Director of Operations, Robin Russell, oversees excellent service delivery for the City. She provides extra assistance in the area of exposure identification, assistance with insurance company applications for the 113 insurance policy renewals annually, and guarantees professional written correspondence and proposal documents. Melody Blake, our 30-year veteran Senior Public Risk Specialist, and her team provide backup to Ms. Russell. Ms. Blake has a deep understanding of insurance, accounting, and agency operational systems to ensure no administrative mistakes. Our Service Team is available to execute daily service requirements Monday -Friday from 8 AM to 5 PM. Our entire service team is cross -trained and available to assist in times of high -volume. Page 167 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Specialty Marketing Team Our brokerage/marketing Team is comprised of the best Public Entity coverage specialists in the country. The City of Miami deserves the attention of a true team of insurance placement specialists due to unique risk exposures in the urban City of Miami. In addition to the catastrophic property exposure in South Florida, the casualty exposures also provide challenges to the market. Unique exposures include marine -related exposures, population and size of the City, and first - responder liabilities. PROPERTY: Liz White is among the best Property brokers in the United States and heads our Property division of Bridge Specialty. Liz will continue to be personally involved with the City of Miami, and lends a team of property specialists and industry relationships to the value of our partnership with the City. CASUALTY: Justin Gelati has an impressive background with strategic insurance placements for urban Cities throughout the United States. Particularly, his national insurer relationships, business acumen result in unique self-insurance and alternative risk transfer program design. He and his team currently provide service to the City of Miami. AVIATION: Alison Wynne's aviation team will bring excellent results to the Police Department rotorcraft and Unmanned Aircraft (Drone) insurance policies, and provides coverage and claims advocacy for our clients. MARINE: For Marina Operator's Legal Liability, Hull and Protection & Indemnity and Pollution for Police and Fire Vessels, and other marine -related exposures, the City must depend on a 100% marine specialist to keep apprised of market changes and emerging coverage advantages. Randle Baxter's passion for marine risk management makes him a perfect fit to our team. CYBER: We have many specialists within Brown & Brown focusing in emerging Cyber exposures, and will utilize all resources available as needed for placement, coverage, and exposure identification. Safety/Loss Control Veterans We offer the services of two 30+ year veterans to consult with the City's Safety staff, Gary Raia and Christopher Kittleson. Page 168 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 2.6 Proposer's Minimum Qualifications For a Proposer to be deemed responsive the following minimum qualification requirements cited below shall be satisfied. In determining said responsiveness, each such minimum qualification requirement shall be addressed in detail in the Proposal submittal. Failure to meet each such following minimum qualification requirements and/or failure to provide sufficient detailed documentation concerning the same, shall result in the Proposal being deemed non -responsive. Proposers interested in responding to this Request for Proposals must provide information on the firm's qualifications and experience, qualifications of the project team, and previous similar projects. Additionally, Proposer must: 1. Be an established firm providing Insurance Brokerage Services for a minimum of three (3) consecutive years (as a business with the same Federal Employee Identification Number; not just individual employees), and its owners and/or principals, must have a minimum of three (3) years related experience; Yes, per the attached, we have been in business since 1984. Page 169 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown f Yfyfrjfrq rea 4frrru*1 irrrit A{iRrxJdu cotterire peoartrnent o& State ! ;Vision of CorooratioN 1 a5earoh Recou4 I „earsh by FEt'EIN Nunher f Detail by FEUEIN Number Florida Profit Corporation RISK MANAGEMENT ASSOCIATES, INC. Filing Information Document Number FEUEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date H 16549 59-2445801 08/14/19 I4 FL ACTIVE NAME CHANGE AMENDMENT 04/1512003 NONE Principal Address 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Changed: 0311812021 Mailing Address 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Changed: 0311812021 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Name Changed: 0911812019 Address Changed: 0911812019 OffrceriDirectar Detail Name & Address Title DIRECTOR, PRESIDENT BROWN, P. BARRETT 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Title VICE PRESIDENT WATTS, RICHARD ANDREW 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Title TREASURER STANTON, JOSEPH 300 NORTH BEACH STREET DAYTONA BEACH, FL32114 Appl wl Renorr Report Year 2022 2023 2024 Filed Date 04125/2022 04/09/2023 04123/2024 Document lobes. J1477a.7124 —ANNUM REPORT View image in PDF femme 0410gi2023 —ANNUAL REPORT Y image in PDFfamal j4252g22 —ANNUAL REPORT View image in PDF fennel! JIl1RrA771—ANNIIAI REPORT Meer image in PDF tarsi J44/29)O717—ANNUAI REPORT V image in Ramat fa71Rt9O1g—Rm Acierrt Ctwene nR771p01g-ANNIIAI REPORT JI4APJ701R—ANNIIAI REPORT J4/170017—ANNIIAI REPORT V.image in PDFfanak Y image in PDFfamai View image in PDFfamal. image in PDFfamal Page 170 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 2. Be duly licensed by, and in good standing with the State of Florida, as an Insurance Broker, as of Proposal due date; Agree. Proof of current licensure: DEPARTMENT of FINANCIAL I DES RISK MANAGEMENT ASSOCIATES, INC. DBA PUBLIC RISK INSURANCE ADVISORS 220 S RIDGEWOOD AVE SUITE 210 DAYTONA BEACH FL 32114 Agency License Number LO18706 Location Number 133154 I ssucd On 09} 1412006 Pursuant To Section 626.O42€3, Florida Statutes, This Agency Location Shall Be In The Active Pull -Time Charge OfA Licensed And Appointed. Agent Holding The Required Agent Licenses To Transact The Lines Of insurance Being Handled At This Location_ Pursuant To Subsection 626.172(4), Florida Statutes, Each Agency Location Must Display The License Prominently in A Manner That Makes it Clearly Visible To Any Customer Or Potential Customer Who Enters The Agency Location. Jimmy Patronis Chief Financial Officer State of Florida Page 171 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown State of Florida Department of State I certify from the records of this office that RISK MANAGEMENT ASSOCIATES, INC. is a corporation organized under the laws of the State of Florida, filed on August 14, 1984. The document number of this corporation is 1116549. I further certify that said corporation has paid all fees due this office through December 31, 2024, that its most recent annual report/uniform business report was filed on April 23, 2024, and that its status is active. I fiirther certify that said corporation has not filed Articles of Dissolution. Given under tny hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twentieth day of May, 2024 Tracking Number: 4:5210273710E; To authenticate this certificate,xisit the following site,enter this number, and then follow the instructions displayed. Ihttps:llservices.sunbiz.orgiFilings/CertificateOfStatusit ertificateAuthenticatIOD Page 1 72 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 3. Have served in the capacity of Insurance Broker for at least three (3) governmental entities within the State of Florida within the past 5 years; Brown & Brown Public Sector client base exceeds 200 Florida government clients. Including the City of Miami, Brown & Brown Public Sector currently controls risk management programs for 39 large public entities that have self -insured casualty and workers' compensation programs as well as large property insurance placements. Many of these have been Brown & Brown Public Sector clients for over 10 years including: The State of Florida Palm Beach County Hillsborough County Lee County Collier County Volusia County Brevard County » Marion County » City of Jacksonville City of Miami City of Ft. Lauderdale City of Sarasota City of Tallahassee City of Naples City of Marco Island City of Palm Bay » City of Ocala » City of Lake Worth Beach Town of Davie Town of Jupiter Collier County Schools Lee County Schools Volusia County Schools Pinellas Suncoast Transit Authority Hillsborough Area Transit 4. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City; Risk Management Associates, Inc., aka Brown & Brown Public Sector has not filed for bankruptcy, is in sound financial condition, has no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude and has no conflicts of interest with the City. Risk Management Associates, Inc. is not directly involved with nor aware of in any such litigation with our parent company, nor is there any reason performance of our services would be affected. Brown & Brown, Inc., a publicly traded company on the New York Stock Exchange (NYSE: BRO), is involved in claims and litigation in the ordinary course of their business and descriptions of legal matters can be obtained through the public filings available through the federal Securities and Exchange Commission. In the spirit of full disclosure and transparency, we offer the below link to the Investor Relations section of the Brown & Brown website where a myriad of information, including Annual Reports and quarterly 10-Q forms: www.investor.bbinsurance.com Page 173 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 5. Not have a member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Risk Management Associates, Inc., aka Brown & Brown Public Sector does not have a member, principle, officer or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Page 174 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.5 Proposer's Approach to Providing Services City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.5: Proposer's Approach to Providing Services a) Describe Proposer's approach to project organization and management, including the responsibilities of Proposer's key personnel and the key personnel of any subcontractor that will perform work in this project. The Mechanics of our Practice Establishing our distinguished client base while building our reputation and enhancing our capabilities has taken many years of finetuning and systematic process development. We have placed our focus on growing the right team and giving that team access to world -class resources to deliver to our clients. Our team and resources are highlighted in subsequent sections, but underlying those critical efforts are the mechanics of our practice. These mechanics are the underpinnings of our success and work in harmony through major practice areas aimed at focusing our efforts on our clients' needs and ensuring our team's success. Our practice is broken down into the following major focus areas: 1. Philosophy and Direction of Overall Risk Management Program 2. In -Depth Exposure & Coverage Analysis and Consultation 3. Insurance and Risk Transfer Design, Marketing, and Placement 4. Self -Insured Retention Analysis and Coverage Options 5. Concierge -Level Service and Administrative Support 6. Safety & Loss Control 7. Claims Assistance, Advocacy and Pre -Loss Preparedness 8. Asset and Exposure Management and Tracking 9. Real -Time Communications on Industry Trends and Market Conditions Most of the services, including London and wholesale brokerage, will be performed by Brown & Brown entities based upon our level of public entity and other specialized expertise. By holding critical institutional knowledge of the City of Miami, our team is best suited to continue serving the City. As your service team is affiliated with the same company, the City will continue to be provided professionals aligned to provide innovative, proactive and immediate results to finance complex risk management exposures and challenging coverage placements. Our corporate goals are focused to enhance our customer experience, and we continuously develop new resources available to our customers. The practices outlined herein are executed following one of our core business principles: Always deliver what is best for the client. Page 175 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Brown & Brown provides a superior team for your marketing and daily service needs. Sr. Vice President - Project Manager Michelle Martin is ultimately responsible for the City's satisfaction with products and services utilized by the City. She interacts daily with her clients to maintain our office's commitment to concierge -level service. She currently handles a lower -than -average account load of 25 clients to allow adequate time for risk management consulting and project management for large, sophisticated accounts such as the City of Miami. Account Executives In order to ensure outstanding service delivery for all Michelle's clients, Bill Wilson and Kyle Stoekel provide Account Executive services to Michelle's client base. Bill's unique background including employment with Miami -Dade County government provides the City with a unique strategic perspective to risk management. Bill is located in South Florida and actively supports the local community. Kyle has been working on Michelle's team for over 5 years to address specific developing issues as needed. For example, one area of Kyle's focus is the understanding and communication of risk management and transfer of the constantly evolving Cyber Risk. Kyle is also proficient in managing asset schedules and assisting public entities with strategies for asset trending and application of Property Valuations. Valuation updates has become a driving issue in today's current hard market, and our valuation trend review services have been invaluable to our clients. Public Risk Specialists (Daily Customer Service) Our highly qualified Director of Operations, Robin Russell, oversees excellent service delivery for the City. She provides extra assistance in the area of exposure identification, assistance with insurance company applications for the 113 insurance policy renewals annually, and guarantees professional written correspondence and proposal documents. Melody Blake, our 30-year veteran Senior Public Risk Specialist, and her team provide backup to Ms. Russell. Ms. Blake has a deep understanding of insurance, accounting, and agency operational systems to ensure no administrative mistakes. Our Service Team is available to execute daily service requirements Monday -Friday from 8 AM to 5 PM. Our entire service team is cross -trained and available to assist in times of high -volume. Page 176 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Specialty Marketing Team Our brokerage/marketing Team is comprised of the best Public Entity coverage specialists in the country. The City of Miami deserves the attention of a true team of insurance placement specialists due to unique risk exposures in the urban City of Miami. In addition to the catastrophic property exposure in South Florida, the casualty exposures also provide challenges to the market. Unique exposures include marine -related exposures, population and size of the City, and first - responder liabilities. PROPERTY: Liz White is among the best Property brokers in the United States and heads our Property division of Bridge Specialty. Liz will continue to be personally involved with the City of Miami, and lends a team of property specialists and industry relationships to the value of our partnership with the City. CASUALTY: Justin Gelati has an impressive background with strategic insurance placements for urban Cities throughout the United States. Particularly, his national insurer relationships, business acumen result in unique self-insurance and alternative risk transfer program design. He and his team currently provide service to the City of Miami. AVIATION: Alison Wynne's aviation team will bring excellent results to the Police Department rotorcraft and Unmanned Aircraft (Drone) insurance policies, and provides coverage and claims advocacy for our clients. MARINE: For Marina Operator's Legal Liability, Hull and Protection & Indemnity and Pollution for Police and Fire Vessels, and other marine -related exposures, the City must depend on a 100% marine specialist to keep apprised of market changes and emerging coverage advantages. Randle Baxter's passion for marine risk management makes him a perfect fit to our team. CYBER: We have many specialists within Brown & Brown focusing in emerging Cyber exposures, and will utilize all resources available as needed for placement, coverage, and exposure identification. Safety/Loss Control Veterans We offer the services of two 30+ year veterans to consult with the City's Safety staff, Gary Raia and Christopher Kittleson. Page 177 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown b) Provide Proposer's Operational Plan that clearly indicates how the Proposer plans to provide the services requested in this Solicitation. The Proposer's operational plan must detail how the Proposer intends to fully satisfy the service requirements outlined within Section 3, Specifications/Scope of Work, of this RFP. As the incumbent broker, we have worked with the City to develop the current program design. There are certain coverage and program design characteristics which we may address herein, but which are not part of the current program for various reasons. We encourage you to consider the current program design was built and maintained with the City's input when considering other brokers' comments in this process. We agree that we have and will continue to support the City's program as requested in Section 3, Specifications/Scope of Work of this RFP. Comments to each item outlined in the Scope of Work are included below: 1. Function as the City's primary contact with the insurance marketplace by identifying and analyzing viable insurers to meet the insurance needs of the City. Agree. The Brown & Brown team strategically leverages market forces, creates competition, and as a result, can consistently bring the most viable and cost-effective insurance placements to our clients. We are perpetually focused on the balance between holding the markets' interest while driving competition. That balance requires high levels of skill, experience, clear communication, and market relationships capable of countering the market's desire to build profitable and long-term insurance contracts. Our team consistently drives this balance through a combination of critical market performance attributes. ENGAGEMENT & ACCESS Giving you more control, more evidence, and more options through our exclusive market relationships PROACTIVE PERFORMANCE Our collective success is earned by creating the perfect solution for you through our unrestricted market access and leverage SPECIALIZATION Valuing depth of industry and providing Public Entity specific expertise & market relationships loll BENCHMARKING Utilizing advanced analytics to quantify the impact on your business with our powerful market volume INNOVATIVE Generating evidence - based solutions to provide quality results Page I 78 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Brown & Brown's market philosophy has always been to develop relationships and place business with insurance markets that bring the most value to our clients. Our style is to maintain professional relationships with ALL viable markets. This strategy delivers our clients options, open market representation, and great results of the most effective leveraging of terms and conditions available in the marketplace. As the largest Public Entity broker in Florida, we have developed strong partnerships with multiple markets specific to the industry. These relationships allow us to provide more options while strengthening our negotiating power to provide the City with the highest quality results at the most cost-efficient risk transfer program. 2. Consult with City's Risk Management Department ("Risk") to formulate a marketing strategy that focuses on delivering a cost-effective risk management strategy and structure, based upon current market conditions. This will include thoroughly advising the City of current and anticipated market conditions on the applicable lines of insurance as well as advising on any new and evolving insurance coverages or policies that are available in the marketplace that could apply to the City's operations, enhance current coverage and/or any current gaps in insurance coverage. Brown & Brown places over $25 Billion in annual premiums with hundreds of insurance markets. We have valuable relationships with, and access to, all insurance markets currently able to write cities in Florida. We provide market updates throughout the year via our Weekly Rundown, direct communication, White Papers, and Quarterly corporate Market Updates. There is consistent direct communication with staff concerning potential impacts of both internal and external environment changes to the self- insurance strategies and available risk transfer programs. In addition, based on the City's current renewal dates, we provide full executive summaries of market conditions, claims trending, and options available twice a year for the Property renewal dates of May 1 and Casualty renewal dates of November 1. Page 179 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 3. Suggest alternative risk financing vehicles to reduce the City's cost of risk. Agree. Examples of viable alternative risk financing presented to the City include simplified additional self-insurance opportunities, Parametric programs currently available in the marketplace, and more administratively complex Captive arrangements. Self -Insured Quota Share strategy can be utilized for budget management in the event the Insured has interest in increasing self-insurance exposure within the layered Property program. The City's current Property insurance structure includes layers of insured limits provided by various insurance companies. The City could decide not to purchase part or all of certain layers, thereby in effect self - insuring a quota share of the layered insurance program, thereby not paying premium to an insurance company for that portion of the program. A simplified illustration of a self -insured quota share in purple is below: RSUI/Landmark $20,000,000 Excess $20,000,000 Arch $5,000,000 part of $20 000 000 Lexington $5,000,000 part of $20,000,000 City of Miami Self -Insured Share $5,000,000 part of $ 20, 000, 000 Markel/ Evanston $5,000,000 part of $20,000,000 Page 180 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Parametric Insurance has become more attractive recently due to the shortened risk exposure for insurers and the immediate cash flow payment for insureds. As an example, if a Hurricane was to pass through designated locations within the City, a specific "Trigger Circle" identifying the radius in which impact would trigger payment under a parametric policy is identified. The amount of payment is determined by the intensity and proximity of the Hurricane. Payments of limits can be made without regard to physical loss. Illustrations are below. Trigger Circles (20-Mile Orange Circle and 40-Mile Yellow Circle as a radius from designated locations) Payout Table (Assume $1M/$5M/$10M limit options Category Option 1 Option 2 20-mi Circle 40-mi Circle 20-mi Circle 40-mi Circle 1 0.0% 0.0% 0.0% 0.0% 2 0.0% 0.0% 0.0% 0.0% 3 20.0% 10.0% 0.0% 0.0% 3.5 40.0% 20.0% 0.0% 0.0% 4 60.0% 30.0% 60.0% 30.0% 4.5 80.0% 40.0% 80.0% 40.0% 5 100.0% 50.0% 100.0% 50.0% Captive arrangements - Our Captive Management and Consulting team will be available for initial consulting to address insurance costs, limits of insurance, and funding of self -insured risk exposures. This type of alternative arrangement can be utilized to review formation and maintenance regulations, reinsurance options, and risk -sharing alternatives to risk financing. Single -cell and shared captive arrangements traditionally are considered for Liability/Casualty lines, but could also be utilized to provide Property loss financing. Advantages would include increased flexibility in coverage and potential long-term cost savings. In general, risk financing advantages are realized from a long-term multiple year commitments. Captive arrangements will also require up -front investment in both time and money. Based on historical financial strategies and multiple year commitment vs. one-year budget cycles, Captives have not been a top priority for research and development for the City's purposes. However, if the need arises, we will be ready and willing to assist with professional consultation on these types of arrangements. This type of arrangement may become more attractive as the City's operations and assets expand. Page 181 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 4. As evaluation continues through the review of insurance policies, make detailed notes of where to recommend appropriate or advantageous changes. We have provided alternative ideas to the current program structure below. We will note that as the incumbent, we have strategically developed the program design with the City of Miami staff and in consideration of current market conditions. Our comments below do not constitute deficiencies in the current program. Our comments below also characterize the City's historical risk financing and risk transfer strategies. Property We have diversified the current Property -related coverage placements to provide best premiums, limits, and coverage terms and conditions. There are six (6) major components to the City's property program currently including: • High Valued Vehicles - Comprehensive and Collision Auto Physical Damage • "Master" City Property for typical municipal structures • Utility -related property including pump stations throughout the City • IT/EDP/Computer Equipment • Marlins Garages • FEMA's National Flood Insurance Program (NFIP) Flood policies After a tumultuous 2023 property insurance market, the 2024 market provided us an opportunity to aggressively negotiate and improve coverage terms and conditions overall. The following enhancements were discussed with the market: • Concurrency of terms on Master Program • Increased Margin Clause (with the ultimate goal to reinstate Blanket coverage) • Maximum Deductible caps for percentage deductibles such as Named Windstorm. • Maximize NFIP Flood placements for eligible structures in Special Flood Hazard Areas (A/V zones). Perform Flood Audit to address recent FEMA zoning updates. • Valuation strategies, including trending and review of third -party property appraisals Flood Audit - Regarding Flood exposure, FEMA has recently re -mapped areas within Miami -Dade County. We will perform a proprietary process we describe as "Flood Audit" to evaluate the City's structures and exposure to updated Special Flood Hazard Areas as defined by FEMA. In that process we will note any discrepancies between NFIP-generated data, current property values, current building addresses and descriptions, and any FEMA flood zone changes to provide the City an opportunity to risk transfer or self -insure. This is a unique process that Brown & Brown Public Sector has developed to follow FEMA's rate, rule, and flood mapping changes. We regularly review anticipated flood zone changes (which can employ a variety of methods) to determine impact to structures located in Special Flood Hazard Areas (SFHA's). The importance of this exercise is to determine and communicate the implications of FEMA Page 182 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown and the Stafford Act to our clients. This is an extremely important service due to the rules regarding FEMA public assistance for flood losses in Special Flood Hazard Areas. ZONE. X ZONE AE —11 ZONE A ZONE AE (EL 8) ZONE X Property Valuation - It is important to recognize how economic and construction cost changes impact Property risk transfer strategies. For the past four (4) years, we have been recommending and applying (with the City's agreement) conservative property trending to the City's Statement of (property) Values (SOV). Not only does this project ensure ease of claim recovery in the event of a loss, updated valuations have been critical to negotiate terms and conditions with underwriters. Underwriters have demanded adjustments in declared insurance values to meet current replacement value the past few years, following many years of complacency with values. Reasons for the importance of updated valuations include the market's experience with "loss creep" - property losses that have ultimately settled for higher than the values reported to the insurance companies. Insurance company's perceived impact of this is that the portfolio's reported risk exposure is significantly understated. Economic factors such as inflation, interest rates, and availability/increases in labor and material costs have risen in this decade, justifying the value adjustments. Our approach has satisfied underwriters to provide reasonable terms given the challenging marketplace. Strategies to Limit self -insured Property exposure 1) Named Windstorm Maximum Deductible Cap - The City's current Property policy includes Storm Surge in the Named Windstorm definition. A customary 5% per Unit (building) Named Windstorm deductible applies. If all the City's property (Master Property Schedule) were damaged in a Hurricane, a—$32,650,000 Deductible would apply currently. Maximum fixed - dollar deductible cap options may be available, thereby reducing the City's maximum under deductible exposure. In fact, the City's program prior to 2023 supported a deductible cap of between $7.5-$10 million. Unfortunately, this coverage was not offered by the recent hard Page 183 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown market; however, we are confident and would work toward adding this coverage enhancement to the City's program in the future. 2) Named Windstorm Deductible Buy -Down /Difference In Conditions (DIC) - In order to provide less self -insured exposure under the deductible, we have and will provide options for a lower deductible from 5% to 3%. This premium is well above current budgeted premium expenses, but we will continue to review as directed. 3) Deductible Buy -Down Option - Another option for the Deductible buy -down would be to review FEMA Obtain and Maintain (O&M) requirements on specific structures that have received FEMA Public Assistance funds in the past. The buy -down could be applied to only facilities with Obtain and Maintain requirements from prior Public Assistance grants. 4) Analyze limits purchased - Additional limit options, as available in the marketplace will always be presented. With this will include a review of the modeling analytics. For the Master Property limits, the modeling analytics suggest that the City is currently purchasing limits approximately equal to a 50 Year Probable Maximum Loss event. Return Periods Aug Annual Lass Std DeUation 50 Year 100 Year 250 Year 500 Year 1000 Year EV SD 2% PE 1% PE 0,4°r% PE 0.2% PE 0.1% PE RMS (2024) - Gross with l ded S2,581,210 $14,872,282 $3S,568A26 $61,657,381 $103,043,764 $143,167,807 $194,074,941 AIR (2024)-Gross with 5% ded $2,142,304 $11,834,736 $27,554,654 $50,720,833 $87,846,691 $114,903.907 $186,414,314 Page 184 City of Miami RFP #: 1471386 - Insurance Brokerage Services Casualty Brown & Brown The City of Miami has an operating budget of over $1.5 Billion and is financially capable of managing self -insured risk. The City has traditionally taken a fairly conservative approach to self-insurance. Our historic goal has been to provide lower Self -Insured Retentions to protect the City's funds from future adverse claims development. Of special consideration is the potential Workers Compensation claim severity potential due to Florida presumption laws. These laws presume that certain acute heart and lung maladies result from employment in these job descriptions. Therefore, the potential medical and lost -time benefits can be very costly under Florida's Workers Compensation law. Police and Fire payroll constitute approximately 61% of the City's payroll, and therefore this exposure is significant to self -insure or to transfer to an insurer. The Excess Casualty and Excess Workers' Compensation premiums could be reduced by implementing higher Self -Insured Retentions. We review impacts to claims trends vs. reduced premiums available for insurers' higher attachment points, or Total Cost of Risk (TCOR). View a simple TCOR analysis in Section 6 of the Scope of Work. 1) Lowest Self -Insured Retentions (SIR's) - We have identified and engaged insurers of "buffer" products to expand the Self -Insured Retention (SIR) options available to the City. 2) Increased Claims involvement and advocacy - Throughout our tenure, Brown & Brown Public Sector has been involved directly with claims adjusters via specific severity and open claim reviews. We receive claims reports periodically to review trends, and serve as Claims Advocates for the City on large and/or contentious claims. We will be as involved as the City requests, and suggest our involvement will result in better claims outcomes. 3) More Loss Control/Safety Resource - We introduce an additional resource to the Team, Mr. Gary Raia. The goal of any loss control resource is to reduce overall losses, but specifically frequency of self -insured losses in the City's case. Gary has over 30-years' experience, including being a Risk Manager at a Florida governmental entity. He has expertise in using claims analytics to identify trends, defensive driving techniques, claims assessment and strategy. Gary's first action with the City will be to discuss needs and determine solutions and deliverable action plan. To assist in budgeting and ease of administrative, we will provide a $10,000 Risk Management Support Fund for each year of this contract. Reimbursements must be requested, approved, and paid within each contract year. Funds may be utilized for: • Elevation Certificates • Property Appraisals • Loss Control training/initiatives • Safety Equipment/Personal Protective Equipment • Other related expenses, as approved Page 185 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Other Coverages: In addition to the self -insured casualty program, we frequently review and present other areas of risk transfer for specific risk exposures that may have insurance products of interest. These include: • Review of Cyber application/coverage/response with IT staff • Deadly Weapon/Active Shooter - First- and Third -Party Coverage • Nuclear, Chemical, Biological and Radiological (NCBR) - emerging coverage to be included, and as addition to Terrorism/Sabotage coverage. • Pollution exposure, noting emerging PFAS (forever chemicals) exclusions • Review of Travel exposure for employees and City officials; we currently have a "Foreign Liability/Travel Accident/Sickness" policy, but suggest it is worthwhile to re-evaluate exposure following COVID-19 travel restrictions. Policies' effective date Continuity: Management of the City's 113 policy renewals requires diligence throughout the year, both by your broker and City staff. We provide a few comments below concerning potential alignment of effective dates via policy extensions and long-term policies. NFIP policies comprise 63 of the total policy count. NFIP requires one policy for each eligible structure. Due to rules of the NFIP, effective dates vary. In order to change effective dates, brand new policies would be required to be bound, including premium payment. This is problematic as many of the City's policies have subsidized rates under the current Risk Rating 2.0 rules. Issuing new policies would remove subsidies, and therefore produce higher premiums. We are willing to discuss, but do not recommend changing NFIP effective dates at this time. Outside of NFIP, consider that the main coverage effective dates are 5/1 for Property and 11/1 for Casualty. The 5/1 date is important as we are not renewing during Hurricane Season and therefore are not at risk of moratoriums on quotes or binding coverage. Bifurcating the Casualty effective date to 11/1 allows for full concentration on both major coverage renewals. Varying effective dates of Ancillary policies also allows more time for risk exposure analysis and marketing of policies. There is also a cash -flow consideration for changing effective dates. For example, if an extension is desired on a non-NFIP policy, pro -rated premiums may be due which increases the expenditure for the coverage during the same fiscal year. A long-term policy period would generate higher premiums than for an annual policy. Certainly, we are open to discussions and action concerning consolidation of effective dates if there is a benefit to the City to implement, and if the City desires. Page 186 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 5. Address renewals in a timely manner to meet the City's internal time requirements and also maintain coverage. Agree. See our General Workflow Schedule in answer to Scope of Work, Question 10. 6. Provide advice to the City on retention for various policies based upon market conditions or other stress factors. Agree. A simplified*, easy to understand Total Cost of Risk analysis is illustrated below. This exhibit takes into consideration current claims trends and cost of insurance at various retention levels. *Does not include time value of money calculations. City of Perfect, Florida SIR Variance Analysis Line of Coverage: Excess Workers Compensation Time Period Reviewed: 2024-2025 Losses valued as of: 3/31/2024 Fabulous Ins Co- $500,000 SIR Total Cost of Risk 10 Year Claim History Total Incurred Claims Entity Insured Pays Insurer Pays Annual Excess Premium TOTAL COST OF RISK Total $ 42,595,090 $ 41,684,305 $ 910,785 $ 3,199,360 $ 44,883,665 Average $ 4,259,509 $ 4,168,431 $ 91,079 $ 319,936 $ 4,488,367 Even Better Ins Co - $550,000 SIR Total Cost of Risk 10 Year Claim History Total Incurred Claims Entity Insured Pays Insurer Pays Annual Excess Premium TOTAL COST OF RISK Total $ 42,595,090 $ 41,784,305 $ 810,785 $ 2,900,000 $ 44,684,305 Average $ 4,259,509 $ 4,178,431 $ 81,079 $ 290,000 $ 4,468,431 Average TCOR Difference $550k vs $500k SIR $ (19,936) This illustration shows that Even Better Ins. Co. would have the least amount of "Average Cost". Consideration should be made for the $550,000 SIR vs. the $500,000 SIR. Page 187 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 7. Provide to the City, at no additional cost , on an annual basis, copies of computer catastrophe modeling studies to be used in the marketing of the property insurance program. Agree - we provide both AIR and RMS models and analytics associated with both within our standard contracts. In addition, our team offers the following extensive CAT analytics: Overview Successfully managing your property insurance program requires powerful analytics. Catastrophe (CAT) models are designed to quantify the financial impact of a range of potential future disasters, informing you where future events are likely to occur and how intense they are likely to be. Through intersecting a customer's property exposure data (SOV) with probabilistic catalogues of natural catastrophe event footprints, CAT models estimate loss potential from Direct, Indirect and Residual sources. Direct Loss Results from physical damage to buildings or contents Indirect Loss Results from business interruption Residual Loss Results from post -catastrophe demand surge for reconstruction labor and materials How We Can Help Brown & Brown's Analytics team has the knowledge and resources to provide modeling services through relationships with leading model vendors. Modeling services are provided for Earthquake, Hurricane and Severe Convective Storm. Modeling for other perils is available upon request. The Four Basic Modules within a CAT Model (Includes all perils) 1. Exposure Represents location, policy and portfolio Module level risk information. 2.Hazard Generates thousands of possible random Module event scenarios based on historical data and parameters that attempt to represent reality. The intensity, footprints nifhin this moduled[errnine to levet of physical hazard specific to kid Vdualfyaffscted geographical lxa orrsforeachsimulatedevent 3.Vulnerability Module 4. Financial Module Quantifies the expected damage from an event conditioned upon insured location exposure characteristics and event intensity. Measures monetary loss from the damage estimates. Insured and retained loss estimates are generated for different policy conditions, such as deductibles, limits and attachment points. Page 188 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 8. Assist the City in developing and maintaining the underwriting information necessary to market the insurance coverages. Assist the City to aggregate comprehensive underwriting data and criteria for insurance carrier negotiations. Agree. In addition to assisting with inter -departmental communications to update applications for quotes, we also utilize historical analysis that has been developed in our office. For carrier negotiations, this information is extremely useful to provide the best results. 9. Function as City's insurance broker regarding the negotiation of best terms, rates, and conditions of coverage terms, premiums and the placement of coverage with insurers. Agree, this is the basis of our duty as insurance Broker. Evaluate the financial condition of insurers, including their ability to pay claims promptly. Although we cannot predict the future results of any company, we offer only financially secure insurers to our clients. Per corporate mandate, Brown & Brown is not authorized to provide quotes to our clients from unauthorized insurers, insurers with a less than AM Best rating of A-, or insurers not rated by AM Best. However, it may be in the best interest of our clients to review and bind quotes from certain alternative risk transfer or new providers. Brown & Brown has an established Market Security Committee which reviews and monitors insurers falling into these categories: Risk Retention Groups, Captives, Self -Insured Groups, Trusts, State Funds, and Joint Underwriting Associations. Insurers who are not rated by AM Best can be submitted for review and require prior approval of our Market Security Committee prior to providing quotes to our clients. We provide detailed AM Best insurer financial information with insurance quote presentations. In addition to the Financial Strength and Size (i.e. A+, XV) categories, we also review effective dates of those ratings and future outlook. In fact, this information Brown & Brown presented regarding a "u"-rating (Under Review) was pivotal in the City's decision -making process between several excess casualty insurers in 2021. Also, industry reputation of an insurer's process and claims management philosophy is investigated and reviewed with our clients. This is an illustration of the basic current rating information of the City's Excess Casualty Package carrier, Hudson Excess Insurance Company, which has been reviewed: Bests Credit Ratings Financial Strength View Definition Rating (Rating Category): Affiliation Code: Outlook for Implication): Action: Effective Date: Initial Rating Date: Long -Term Issuer Credit View Definition A+;Sco=_r g IGocci State Ucg-aced :Lily ]8. 2C23 March 22, 2013 Rating [Rating Category}: aa-;Superior) Outlook (or Implication): Siatile Action: Upgraded Effective Date: July Oa,. 2023 Initial Rating Date: March 28. 2013 Financial Size Category View definition Financial Size Category: ;N [C-neater than or Equal to USD 2.00 6irmn) c Devotes Urde• Renew Best's Rating Page 189 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 10. Provide marketing proposal requests from insurers and a Cyber Strategy, no less than 120 and no more than 150 calendar days prior to renewal of individual coverages. Successful Proposer must begin with review of individual in force coverages because this is the ideal juncture to analyze the insured property for trended values for property insurance policies. The foregoing must be thorough and presented effectively in subsequent meeting(s). The following page is a summary of our General Workflow Schedule specifically designed to serve Florida's public entities is below. Page 190 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown General Workflow Schedule 120-150+ days prior to policy expiration • Initiate Marketing Process • Current market conditions analysis and impact to program • Estimate Pricing • Discuss Budget Constraints and Goals • Written request for underwriting data • Assist in collection of risk exposure information • Establish competitive markets to be approached • Identify desired coverage, terms, and conditions goals • Provide written premium estimates for all coverages 90 to 120 Days prior to policy expiration • Scrub Statement of Values/Trending recommendations • Approval of Submission by client • Submit all underwriting data to chosen and/or all interested carriers • Update risk management on progress and early pricing indications 60 to 90 days prior to expiration • Written summary of quotes received, and markets responses • Provide Premium Comparison with expiring and renewal terms. • Include Cost of Risk Analysis • Obtain Catastrophic Modeling Results • Develop recommendation for most effective program • Budget recommendations and allocation 30 to 60 days prior to expiration • Attend Meetings and Workshops • Assist in preparation of Board Agenda items • Complete required signed documents • Submit Requests to Bind to chosen carriers Inside 30 days prior to expiration • Request, review, and issue Binders • Issue any recurring Certificates of Insurance • Issue Invoices 30 to 60 days after policy inception • Re -issue any expired binders • Review, correct and deliver policies Ongoing • Daily Policy maintenance, updates, and Client Service Requests • Claims Advocacy and Handling • Large Claim Reviews • Property appraisal management and implementation • Update Statement of Values data including Property Appraisals and Trending • Develop Safety Committee • Review Risk Management Polices • Loss Prevention Program Implementation • Flood Zone Audits for Property • Market Trend and Emerging Markets Identification • Legislative Change Tracking • Industry News Communications • Vendor Insurance Requirements Review • Vendor Certificate Review • Departmental Premium Allocations • Invoicing and Accounting • Assist with policy audits • Other Special Projects as agreed Page 191 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 11. Meet with the City's Risk Management Department not less than 90 days prior to the renewal to present a marketing report. This report is to provide the City with the following: a. Current program evaluation; marketing timetable; ratings of markets to be approached; b. Broker recommendations and reasons; and anticipated rates and premium; c. The presentation of the risk financing plan and exposures to the appropriate markets; d. A preview of the presentation plan to markets and documents with the City's Project Manager and/or Risk Manager for approval to proceed; e. The names of qualified insurers, and; Insurance Proposal Presentation Agree. We provide a Pre-Renewal/Stewardship meeting, Executive Summary and detailed Proposal including the information in items a-e, and much more. Our insurance professionals present a written proposal detailing all proposed services and insurance terms and conditions including but not limited to: Stewardship Report Current Insurance Market Summary/Update (industry data and analysis) Market Overview (listing of carrier quotes and declinations) Comprehensive Coverage Comparisons Expiring vs. Renewal Terms Comparison Claim Analysis Catastrophic property and other modeling analytics Retention and policy limit options analysis Summary of terms, conditions and exclusion highlights, specimen forms and compensation disclosures Copies of all insurer quotes » Written confirmation of all commissions paid to broker/intermediaries, if applicable f. Advise the City on methods of optimizing and developing high -quality relationships with insurers as a trusted client. Agree. We pride ourselves for professionally representing the City's interest in the marketplace, and to open all viable markets to the possibility of a business relationship with the City. It is priority to expose the City's professional staff directly to insurance company representatives. We have facilitated meetings with both incumbent underwriters, insurance company executives, and markets for new capacity. This has been accomplished for the City at various trade venues and conferences, including PRIMA and RIMS events. In addition to attending conferences and facilitating on -site Page 192 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown meetings with underwriters during our tenure, we also will coordinate meetings to bring City Staff to the underwriters who are based in Atlanta, the Northeast, and London. 12. Meet with Risk Management to review renewal recommendations not less than forty-five (45) calendar days prior to the policy expiration dates. Prepare a matrix of insurance proposals received and also insurance carriers approached whether they provided a proposal or not, to include an evaluation of coverage and exclusions, limits, cost and anything else of significance. Proposer must provide confirmation of adhering to these dates or advise as to exceptions based upon shifting market conditions. Additionally, and at such time, Successful Proposer may offer a portion of their fee at risk built around key deliverables. We can agree and will provide renewal presentations 45+ days prior to renewal. However, we must receive underwriting information to present to the marketplace to quote from the City approximately 90 days prior to the renewal. Based on the many departments that provide information for updated risk exposures and general applications, this can be difficult to accomplish. If the City is dissatisfied with any of our services at any time, we are willing to discuss return of an appropriate portion of the fee. 13. Review all insurance policies, binders, and invoices received for policies purchased by the City to assure their accuracy. Resolve all errors and coverages issues in such policies, binders and invoices. Agree, this service protocol embedded in our Quality Control guidelines. 14. Provide an annual report summarizing all insurance coverages that are in place in the form of a Schedule of Insurance. Agree. An updated "Schedule of Insurance" is provided multiple times per year. 15. Serve as a Claims Advocate on behalf of the City on coverage issues that may arise with any of the insurance carriers. Agree. Brown & Brown does not employ a single national claims service employee for all our clients. Instead, we follow a successful team approach of using resources that are readily available and the best specialists/negotiators/relationship-holders for any given situation. We believe that Claims Page 193 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Advocacy is a primary function of your broker. Payment of covered claims is the reason insurance is purchased. For property, we offer dedicated teammates as needed for complex claim assistance. We can assist with claims planning and coordination with staff, TPA, and insurers. An important facet of pre -loss advocacy is a proactive discussion of expectations with the City's preferred Executive Field Adjusters, or "Assigned Adjuster". We will also conduct Table -Top exercises to establish best practices for disaster recovery protocols. Our objective is to create an efficient and concise recovery process that eliminates any unnecessary delays should a large loss occur. For Casualty claims advocacy, we will work closely with insurance carriers and Third -Party Administrators (TPAs). We are willing and able to coordinate and attend claims meetings to resolve claims quickly and equitably. Your assigned Project Manager, Michelle Martin, has extensive experience representing the clients' interest in claims resolution. We encourage developing a working relationship with our clients' TPA. It is important for your broker to communicate policy information and reporting requirements for excess insurers at least annually. We also ensure that reports required by our carriers are formatted and delivered to excess insurers' satisfaction to proactively avoid any coverage issues. It is also important that your TPA is vetted by any potential new insurer to which the TPA will be reporting. This process can be quite extensive, and we will handle approval of TPA's by insurers and any transition for you. We may also need to expeditiously coordinate Excess Casualty claims reimbursements with Staff, adjusters and TPA. We will attend and coordinate Claims Review Meetings with excess insurers, client departments, and the TPA, and assist in coverage clarifications with underwriters as needed. The team proposed herein are well -versed in claims advocacy. If assistance is needed in any particular area, we reach out to the appropriate Brown & Brown or non -Brown & Brown business partners. Our Claims Specialist, Jessica Conway, embraces her primary function to ensure that all claims submitted through our office (non -TPA reported) are received and acknowledged by an adjuster within 24 hours for non -TPA policies. She also provides follow-up with adjusters on open claims to ensure claims handling is in step with the Client's objectives. Tasks included within this role include: Claims reporting (for policies placed outside TPA contracts) Claims tracking/acknowledgement and closure Coordinate claims review meetings Liaise with adjusters, client departments and TPA Assist in coverage clarifications with underwriters as needed Prepare spreadsheets in FEMA format for catastrophes Pre- and post -event communication Page 194 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown As your claims advocate, Brown & Brown will work closely with you and directly on your behalf with insurance carriers and TPA's. We are willing and able to coordinate and attend claims meetings to resolve claims quickly and equitably. We have extensive experience assisting our clients with claims, both large and small. Our position is that we represent our clients, not the insurance carriers. The City will never question which side of the fence we are on. We follow up with adjusters on open claims to ensure claims handling is in step with the client's desires. Below is a short summary of a few success stories regarding our claims advocacy effort. • The Peace River Regional Water Supply District suffered significant losses during Hurricane Ian. As their broker we managed the claim process from the beginning and challenged the carrier's interpretation of the 5% per location deductible Our advocacy and successful negotiations resulted in a claim payment that was $1.5 million greater than the original amount offered by the insurer. • Claims advocacy for Lee County and Lee County School District following Hurricane Ian. Both entities have over $1B Total Insured property Values, and significant claims under their Loss Limit policies and with the NFIP Flood policies. Either can be contacted for a reference for our continued claims advocacy since September 2022. • One of our County clients had a large employment practice claim containing a wide range of allegations. Several of the allegations may not have been covered by insurance but we "convinced" the carrier to provide defense of all allegations because the carrier issued a reservation of rights letter in violation of FS 627. • One of our County clients suffered a fire at their landfill causing extensive damage to the landfill liner. The property carriers originally indicated they would deny the claim because the liner was not "on the schedule." We successfully negotiated a $300,000 settlement based on ambiguous policy language that favored the insured. Our excellent relationship with the carrier and our aggressive advocacy played a large role in our ability to provide coverage for the claim. • After Hurricane Mathew we worked directly with a County's field claims adjuster to maximize claim payments. We also re -worked the claim spreadsheet and order of claim submittal to reduce the impact of the minimum deductible on locations with smaller losses. Finally, we pushed back on the adjuster's interpretation of the 5% deductible application in favor of the County. Page 195 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 16.Assist with establishing insurance requirements on City agreements as may be required. Agree. We have assisted many Cities (including the City of Doral, the City of Ft. Lauderdale, and City of Dania Beach in South Florida) with establishing requirements, training of staff, and support to consult and provide minimum insurance requirements within contracts. In fact, our team has provided multiple public presentations concerning these techniques, including within the regional South Florida and Tampa PRIMA meetings in 2024. Understanding Your Liability Transfer Risk Please join Preferred an we &UM& Understuding Tar Liabthty Transfer Wilk_ Hatted w5 coMgiOnY can be Created byLoMra([OrS, SiMrx kOten.andVendorsw!gantw,,d on your bNWf. Paul Dawson, ARM-P, Senior Vice President Brown and Brown 17.Attend meetings relative to insurance matters as may be required. Agree. Page 196 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 3.3 POST RENEWAL PLACEMENT ACTIONS Successful Proposer shall: 1. Arrange and coordinate any meetings as required between appropriate insurance underwriters or service providers and Risk for the purpose of providing the City's program for insurance coverage. Review the insurance policies for compliance with the insurer's proposals and the City's specifications and obtain revisions when needed in a timely manner. Agree - we have a strict Quality Control protocol to follow concerning policy and endorsement checklists and delivery. Policies are delivered within 30 days of receiving the policies from the carriers. Endorsements are delivered to the City within 24 hours of receipt. 2. Verify the accuracy of each binder, premium audit, or adjustment of other documents received from City's insurers and obtain revisions when needed in a timely manner. Agree. 3. Prepare certificates of insurance and endorsements as requested by the City. Agree. 4. After reviewing, promptly submit originals of the insurance policies and endorsements to the City. Agree - we have a strict Quality Control protocol to follow concerning policy and endorsement delivery. Policies are delivered within 30 days of receiving the policies from the carriers. Endorsements are delivered within 24 hours of receipt. 5. Prepare a schedule of City's insurance policies including the name of the insurer, policy number, term, limits, summary of coverages provided, deductibles/retentions, and the estimated annual premium. Agree, updates to the Schedule of Insurance is provided on a regular basis. 6. Assist in ongoing preparation or guidance with regard to insurance requirements as needed by the City, especially as new operational risks arise. Agree, service provided currently. Page 197 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown 7. Review the insurance policies for compliance with the insurer's proposals and the City's specifications; obtain revisions when needed in a timely manner. Agree. 8. Schedule quarterly meetings with the City's Risk Management Director, or designee, to discuss loss control issues, exposure changes and general administrative matters. Agree. We will be in constant communication with City staff and will set up an annual schedule for Quarterly Meetings at the City's convenience. Page 198 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown c) Provide the names and functions of individuals who will be involved in marketing efforts. Our highest -level account executives are directly involved in the marketing process. Due to the complexities of current risk exposures and an ever -changing marketplace, the City deserves the benefit of market relationships at the highest level of our organization with which to design and negotiate coverages, particularly for specialty lines of coverage. Each year, on each line of coverage, we evaluate opportunities in the marketplace to improve the City's coverages, premiums, and service experience. As there may be multiple access points, including different programs, for each insurer or program, we have engaged our highest -level specialists, including for Public Entity Property and Public Entity Casualty. special Our team includes, but is not limited to the following: MARKETING DIRECTORS - All Lines Direct access to all lines of insurance. Where Excess & Surplus or special programs are available, value-added wholesale brokers may be accessed. Note that Managing General Underwriters/ Agents (MGU/MGA) are not considered intermediaries; access points may vary. Other intermediaries and programs may be utilized if those programs are deemed to be the best value to the City. Michelle Martin - Direct all marketing activities for all lines Robin Russell - Submissions and direct marketing Bill Wilson - Market relationships Kyle Stoekel - Analytics and technical support Gary Raia - Claims Trending PROPERTY MARKETING We will utilize our Bridge Specialty/Peachtree wholesale brokers for property -related functions as much of the City's placement is in the Excess & Surplus Lines marketplace. Elizabeth White - President of Peachtree Special Risk Brokers Malinda Pierce, AVP - Property Broker Josh Gay - Property Broker Nicki Strianese - Property Broker CASUALTY MARKETING Due to special market, expertise and surplus lines relationships, we may utilize our Bridge Specialty/Apex wholesale brokers for casualty placements. Justin Gelati - Executive VP Apex (National Public Entity Casualty Specialist) Robert Hughes - VP Brokerage -Risk Management Tim Staunton - Vice President John Pearce - Associate Broker Page 199 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown LONDON PROPERTY BROKERAGE London is an important marketplace for the placement of the City's property insurance program. We utilize executives at the top tier of this Brown & Brown owned brokerage. Glyn Harris - Executive leader Gareth Davies - Associate Director Anthony Strain - Lloyds Broker Blair Cartwright - Lloyds Broker Matt Wyness - Lloyds Broker Russell Hicklin - Lloyds Claims Director d) Describe in detail the Proposer's approach to marketing and how Proposer intends to best represent the City. In addition to having many experienced professionals currently involved in the marketing and placement of the City's coverages, we are currently adding corporate resources which specialize in specific coverages and/or industries. Brown & Brown's ultimate goal with these Enterprise Groups is to provide marketing/placement resources to: • Improve Efficiency • Stimulate collaboration amongst Brown & Brown teammates (so you're not just getting one person's approach, relationship, or opinion.) • Focus on delivering cutting -edge solutions for customers • Utilization of best resources to negotiate insurer's capacity, coverage enhancements, and rates with economies of scale. e) Describe in detail the Proposer's strategy to approach available markets, and how Proposer intends to best represent the City, while making the best use of the City's resources. With limited resources common to public entities, we pride ourselves in streamlining processes for staff to produce information needed to best negotiate insurance coverages. For completion of applications required for each policy, we assist in internal City departmental communications and also provide clerical support to collate collective answers for underwriters. The City procures over 50 insurance policies + 63 National Flood Insurance Program (NFIP) policies for the City annually. These policies renew throughout the year. We have discussed aligning effective dates for efficiency. However, we have found that the varied dates allow for more focus for each line of coverage. Therefore, we are working with the insurance marketplace year-round. We actively seek regular communication and meetings with underwriters for all lines of coverage. Page 1100 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown We take advantage of City staff's and underwriters' availability at various conferences to meet with us and also current and potential markets. We will coordinate on -site and other underwriter marketing meetings at industry conferences such as PRIMA (Public Risk Managers Association) and RIMS (Risk Management Society) with or without City staff. f) Describe how Proposer has applied the proposed project approach in comparable contracts to make recommendations to improve programs and describe the net effect of those recommendations. • City of Miami marketing strategies o In 2022, the City faced non -renewal of its Casualty Package policy. In employing our Bridge Specialty/Apex Insurance Services team, we ensured best access to available markets. Relationships via Apex included top-level executive influence which resulted in binding coverage with Hudson Insurance Group including important manuscript coverage. o Apex Insurance Services, a Brown & Brown owned specialty wholesale broker, was able to access a new Excess Workers Compensation SIR buffer market before capacity was deployed to the Florida market. As this market has limited underwriting resources, its offering of quotes through Apex's wholesale distribution provided the quickest and most efficient access. • Enterprise Resources employed for other clients in 2022/2023: o CYBER - when anticipating a difficult Cyber insurance renewal for a client's 2022 renewal, we employed our Cyber Enterprise resource. Our Cyber professionals both marketed to various insurers and negotiated with the incumbent to provide significant coverage enhancements and lower premiums: • Stipend for cyber security consulting services. Developed plans with vendor for desktop exercise that would be paid directly by insurer. • Lower retention • Decreased premium • Maintain limits (at a time when insurers were restricting capacity) o AIRPORT - utilized the Aviation enterprise resource to negotiate with 2 insurers, which resulted in unseating the incumbent to a new carrier which provided the following benefits: • Lower premium • Lower retention • Additional sublimits • Favorable coverage language • The current and proposed Public Entity Property team, including Bridge Specialty/Peachtree Special Risk/Decus Insurance Brokers has produced phenomenal results for our public entity renewals so far in 2024, including decreased premiums and coverage enhancements described in detail herein. Page 1101 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown g) Provide a list, in order of preference, of the insurance carriers that Proposer can access and would prefer to utilize for placement of coverages on behalf of the City. This would be quite an extensive list due to the diverse risk exposures of the City. In Section 4.1.4: Proposer and Proposer's Key Personnel, Qualifications, Experience and Past Performance, we have provided market lists for Property and Casualty coverages. h) Disclose to the City any markets or underwriters that the Proposer is unable to directly access amongst those currently participating in the City's program. Please see Attachment E, City's Schedule of Insurance. We access all markets on the City's current Schedule of Insurance, including Preferred Governmental Insurance Trust which has a limited retail agency distribution model. Only a select group of Florida agents with governmental insurance expertise are appointed with Preferrred. i) Identify how Proposer shall access the market and list all insurance carriers with whom the Proposer is affiliated, including all intermediaries and/or wholesalers. The following are Brown & Brown subsidiaries that may be utilized to place coverage under this contract. For each line of coverage, we decide the best relationships and market access for each market. For example, for Excess Casualty, the Daytona Beach retail office maintains premium volume and direct marketing relationships with many key markets such as Safety National, Ambridge, and Midwest Employers, Starr, AIG, and others. Traditionally, we will utilize any broker with superior and value-added market access for each placement. We have and will use a combination of market access based on the needs of the client. For example, we may utilize non -Brown & Brown wholesalers such as CRC, AmWins and RT Specialty when they have unique markets or market access. For the City's Marketing and Insurance Placement Team, included in our Price Proposal is: • Brown & Brown Retail direct brokerage services • Specialty brokers within Bridge Specialty (owned by Brown & Brown), including o Peachtree Special Risk Brokers (FL Public Entity Property Specialist) o Apex Insurance Services (Public Entity Casualty Specialist) o Hull & Company (Marine Specialist) • Decus Insurance Brokers (London) • Enterprise specialists including Cyber, Aviation, and Others Page 1102 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown j) Describe the Proposer's plan to obtain the most cost-effective Insurance Program to meet the needs of the City. Formulating the Marketing Strategy Our approach in formulating a marketing strategy begins with the City's short- and long- term priorities and budgetary needs. We use these priorities to determine how to realistically secure the most cost-effective program based upon market conditions. Analysis of the following information is typical in our pre -renewal process: On -site pre -renewal discussion approximately 4-6 months prior to insurance renewals to develop and confirm short and long-term objectives. Detailed analysis of the current insurance program. Continuous updates concerning market conditions and renewal expectations. Claims and Loss Reports - Analysis of loss runs for each line of coverage. We recommend taking advantage of trend reports available from the TPA. Identify Probable Maximum Loss (PML) statistics for property exposure via Catastrophe modeling and proprietary analytics. Review of Financial Reports, Actuarial Reports as well as Grant, Bond, and Lender Covenants. Develop insurance applications and data required by the market. Gather other beneficial Information - Formal policies and procedures, internal records and reports, information regarding new projects, etc. Initial and updates for budget/cost estimates and self -insured impacts for renewal conceptual programs desired. "Deep dive" strategies include review of: Potential and actual change in state and federal laws that may affect your risk financing program. Effective use and availability of RMIS/TPA reports to produce consistent claims trend analyses. Internal funding of tail liabilities - Commutation if necessary Self -insured loss risk transfer - Loss Portfolio Transfer Increased exposure and funding of future liabilities over the next 5 years. Risk identification and analysis of emerging casualty risk exposures for which insurance products are available vs. self -insured exposure such as Active Shooter and other types of Crisis Management. Analysis of Retention levels vs. Market Availability - included in this discussion is internal Claim reserving practices. Page 1103 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Develop Market Submission We will assist you with annual updates required by insurers. Our review of updates includes (but is not limited to): current exposures, changes in operations, marketplace changes, and current claims analysis. We assist in the preparation of required insurance company applications. In addition to applications, the following items are and will be included within an underwriting submission: Underwriting Executive Summary, including exposure overview and risk management strategies. See below illustration of our template for Underwriting Executive Summary providing an expansive view of your risk to the market. Claims reports and analysis, including details for large claims and claim trends. Supplemental information, including news articles, handbooks, procedural manuals, financials, and actuarial reports. Website links, photographs, assembly of special reports, and market narratives are developed to support reliable underwriting data and best represent you in the marketplace. Coordinate Appraisal projects/Trending strategies for keeping accurate, updated property valuations. In-house software including AIR and RMS modeling and RiskMeter which identify property exposures. With our Risk Management Support Fund, we offer $10,000 per contract year that may be used for outside resources to assist in development of underwriting data. These services could include equipment or training to address concerning loss trends, Property Appraisals, and Elevation Certificates (used to identify Flood exposure). For the Property submission, it is important to secure accurate insured asset characteristics, so we scrub the Property Statement of Values (SOV) annually. We will assist in collecting any missing information, including site inspections if needed. We will make sure the SOV information is as complete as possible, including suggested Property Valuation updates, ensuring that modeling software outputs the best Probable Maximum Loss (PML) results. We provide detailed and tailored submissions to prevent commoditization. This allows your account to stand out and provides personalized results while strengthening relationships with underwriters. Below is an example submission: Page 1104 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Underwriting Executive Surnlinary - Property Insurance Coverages Effective 2/30/2022 - 2/30/2023 As of February 30, 2022 Brown E.E. Brown is currently contracted with the City of XYZ for Insurance Brokerage Services relating to all lines of Property and Casualty Insurance. This Summary concerns Property, Inland Marine, Automobile Physical Damage, Terrorism, and Equipment Breakdown. CITY PROFILE The City ofXYZ's a rebsite is very informative: http://www.xyzcitytbd.com. A snapshot of the City is below: Population: $750,000 Land Area: 50 Square Miles Payroll: $500,000,000 Employees: 7,500 General FuncI: $750,000,000 Vehicles: 7,.500 Total Insured Value: $5,000,000,000 The City has seven major operating departments: Utilities, Police, Fire. Solid Waste, Parks fit. Recreation, General Services and Public Works. A Comprehensive Annual Financial Report and CIP plan has been provided with this submission, The City has consistently exercised strong financial controls and conservative budgeting and are rated A+ by Standard & Poor's and Moody's primary bond rating is Aa2. COVERAGE OVERVIEW Line of Coverage !n su r®- Limiis/Coverage Ue1111ctEde FropE it, s=_a A rta c' dProperEy Wind: Flood, 3t_' t' ' 5FF6: Flood.._=-- -E.. I:-=_:Irrcludedt= r... Jtr:=_r r=' : : T . Insxaranse 5ei cCure .a Wart Overview included t_=A_.___.__ J Includedta_ a_.___ __- la: ___.__7 Ir,cIudedto "__.___.___' SE.I:;) »OOa $750paa.IIOther PeNis, except: $ioo..: i:f or 3n'y atherF load Loss 5%:•E' a_3ta- far NamedStorm and 5FFt4'sper location Wit' a==.= :ert to 5100,•03 MI nl mum a nd 10.5.57.J:: RA3i ^-_:,- . Terrorism [tertifiedand Non -certified♦ Best Ina_ '3 __ __._._ T... __L____.______ ___ _ ___ :. _3^'a'a5 _x._x '__,:x _x _ _= :. = x- ---.-x __=.x=' ___.x_ _ _ _ ==roceurrence Inland Marine- Engineered Risk unllmltedsscurance Fantastic Insurance ITV: =-_ ___ ___ _,. __..,__ ___ ___ .: _ _-`_.___.___ _ ._ _ _.___.____ ry __.x_.___._X .- ___- ,_•_ • -XI nd.3% F !cod =.=_�7M,n:r-_.--- .=' 1.1x't.•3x-^urn Equipment Breakdown wonde rfu l P reperty & Casualty TIY: $SQOJaaaJaOa 55,C43O, CIgOO7 $.$Oaa PerClccurrence.124 Flours El Page 1105 100 Year City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown The below sample modeling analytic results show the Probable Maximum Loss (PML), Average Annual Loss (AAL), and Standard Deviations (SD). This report is computed after our initial exposure data analysis. This information assists us in determining appropriate policy limits and identifying areas that modeled the highest average annual loss. Return Periods Avg Annual Loss Std Deviation 50 Year 100 Year 25D Year 500 Year 1000 Year EV SD 2% PE 1 " PE 0.4% PE D.2% PE D.1 % PE RMS (2014) $3,798,991 317,550,94' �50,591,025 $79,773,939 $127,845,582 72,692,391 $225,048,671 RMS (2015) $2,151,510 $11,006,81 : 30,7393' ' $50,032,767 $80,885207 "08,868,738 $141,337,685 RMS (2016) $2,543,564 $14,375,56: 35,136.2• $58,783,926 $99,379,351 40,319,523 $192,368,427 RMS (2017) S2,346,247 $13,468,60: _32,501.2. 354,830,744 393,128,021 `31,642,283 $180,588210 RMS (2018) $2,115,180 $12,688,25: :30,189.0- $52,095,964 $88,340,082 ' 23,673,695 3169,099,2.49 RMS (2019) $1,659,543 311,047,81 :. 23,744,247 $47,203,395 $84,571,081 ` 16,788,833 5155,760,003 R1V1S (2024} $1,432,173 $12,620,871 513,597,053 346,253,963 $101,351,518 5142,349,118 $189,731,809 $250,000,000 -, $200,000,000 $150,000,000 $100,000,000 -' $ 50,000,000 Z Avg Annual Std Deviation 50 Year Loss The RMS modeling is being provided to you as an illustration of modeling programs which may be used by the undenvjriters in evaluating a particular risk_ 250 Year 500 Year 1000 Yea r RMS {d114} RMS {.d115} RMS (2016) • RMS (2117} • RMS {2012j • RMS {.2020} Page 1106 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Section 4.1.6 Proposed Price City of Miami RFP #: 1471386 - Insurance Brokerage Services Section 4.1.6: Proposed Fee Brown & Brown The Proposer shall state its price for providing all services described within this Solicitation. Proposer shall submit pricing stated as a flat, fixed fee per year, which shall include all Proposer compensation necessary for the requested services. The Proposer must use Attachment D, Price Proposal, in its current form and format. Edits, additions, alternative pricing structures, etc. to Attachment D will be deemed non -responsive and will not be considered for contract award. Likewise, the use of any other forms and/or modification of City forms will result in the rejection of the Proposer's proposal submittal. Per Price Proposal Response Form Attachment D: We will provide the same flat fee for the initial 3 year term, with approximately 3% escalations for the two (2) Annual Options to Renew. $525,000 Annual Broker Fee for each of the 3 Year Initial Term x 3 Years = $1,575,000 $540,000 Annual Broker Fee for Option To Renew Year 1 $555,000 annual Broker Fee for Option To Renew Year 2 *Includes Value Added Risk Management Support Fund: $10,000 Annual Per Contract Year (5-year Contract value $50,000.) *Brown & Brown Public Sector agrees to provide a fixed flat fee for all services proposed on the attached Fee Form. Brown & Brown Public Sector will provide quotes and policies net of commission whenever allowed by insurers. Brown & Brown Public Sector will immediately return any commission received from carriers whose underwriting and quotation systems require commission inclusion. The exception to this condition is with the policies that are written in the National Flood Insurance Program. This program is a Federal program falling under the direction of FEMA. In April 2012 FEMA issued a memorandum of understanding directing the administrators (underwriting and policy issuance companies) to prohibit the practice of rebating or returning of commissions for flood policies written in the National Flood Insurance Program. The actual Memo from FEMA is included at the end of this section. Violations of this directive can result in agents having the contracts with NFIP administrators revoked. Consequently, Brown & Brown attorneys have determined that in order to maintain our good standing with NFIP and supporting administrators we must comply with this directive for all NFIP policies and all broker agreements. Page 1107 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown City of Miami City of Miami - Attachment D PRICE PROPOSAL INSTRUCTIONS: Solicitation 1496386 RFP 1471386 The Proposer shall state the not -to -exceed price for providing all Insurance Brokerage Services as stated in the Scope of Services. The price includes all costs associated with providing these services_ A. Insurance Brokerage Services — Initial Three (3) years $ 525,000 (Annual Broker Fee) X 3 Years (Initial Term) = $ 1,575,000 (Total for Initial Term) B. Insurance Brokerage Services Option to Renew Years (2 nears) Option to Renew Years 1 2 Annual Broker Fee $ 540.000 $ 555,000 The Proposer shall state its price for providing all services described within this Solicitation. Proposer shall submit pricing stated as a flat, fixed fee per year, which shall include all Proposer compensation necessary for the requested services. The fee proposed by the broker shall take into account all costs to provide the brokerage services identified in this RFP, including any commissions or fees charged by intermediaries (e.g., wholesale brokers) and/or commissions received or to be received by intermediaries for the placement of insurance coverage(s). The proposer must use this Attachment D, Price Proposal, in its current form and format. Edits, additions, and/or alternative pricing structures to Attachment D will be deemed non- responsive and will not be considered for contract award. Likewise, the use of any other forms and/or modification of City forms will result in the rejection of the Proposers proposal submittal. NOTE: Any fees and/or commissions taken by the Proposer, broker(s), and/or any intermediaries in the placement of insurance coverage(s) must be disclosed to the City. The amount of annual commission shall reduce the broker's fee by the amount of the commission. For example, if the broker fee is S10.00 and the commission is $1.00, then the net broker fee charged by the broker is reduced by the broker to $9.00. "Exception - Standard NFIP Flood Commissions, per Addendum #6, Q&A 10 are in addition to the Annual Broker Fees identified Above. 31412024 1.31 PM p_15 Page 1108 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown MEMORANDUM TO: FROM: U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 FEMA W-12026 April 4. 2012 Write Your Own (WYO) Principal Coordinators and the National Flood Insurance Program (NFIP) Servicing Agent Edward L. Connor Deputy Associate Administrator for Federal Insurance SUBJECT: Rebating of Agents' Commissions Insurance rebating is a practice whereby insurance agents return a portion of their commission or something else of value to applicants to induce the purchase of insurance. Insurance rebating is confusing to consumers. and it has been the source of many complaints from agents and companies. The Federal Insurannce and Mitigation Administration (FIMA) has received inquiries over the past several years from interested parties, inside and outside of the insurance industry. expressing divergent views en the ivaInrner in which the National Flood Insurance Program (NFIP) should address insurance rebating. After careful consideration. FIMA has concluded that the goals of the NFIF are better served by a system ofuniform national pricing that will ensure that policyholders pay the same price for the same risk. FEMA does not directly regulate insurance agents who sell Standard Flood Insurance Policies. Pursuant to 44 C.F.R. Section 62.23 and the Financial Assistance/Subsidy Arrangement. 44 C.F.R. Part 62, Appendix A. however. FEMA administers the NFIP and sets standards governing the activities of participatingWYO Companies related to the sale and marketing of flood insurannce. Accordingly. effective October 1. 2012. WYO Companies shall not authorize the rebating of commissions on new or renewal NFIP policies. Any questions regarding this matter should be directed to nun de la Cruz. Underwriting Branch Chief National Flood Insurance Program. Federal Insurance and Mitigation Administration. at jhun.de-la-cniz dhs. troy. Page 1109 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Rebating of Agents' Commissions April 4,2012 Page 2 Thank you for your cooperation. cc: Vendors. IBM . FIPNC, and Government Technical Representative Required Routing: Claims, Marketing. Underwriting Page 1110 City of Miami RFP #: 1471386 - Insurance Brokerage Services Brown & Brown Required Forms City of Miami - Attachment C City of Miami Solicitation 1496386 RFQ 1471386 Insurance Brokerage Services - Reference Submittal Form FIRM NAME: Risk Management Associates, Inc. Reference Section 2.7 Summarized Requirements: Refer to the details in Section 2, Special Conditions, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: Palm Beach County BOCC Address: 100 Australian Avenue, Suite 200, West Palm Beach, FL 33406 Contact Person:Scott Marting - Director of Risk Management Contact Phone Number:(561) 233-5400 Contact Email (if applicable): smarting@pbcgov.org Date of Contract or Sale: 10/01/2021 (Current Contract) Prime or Subcontractor: Prime Other (Description of Service. Total dollar value of Contract, etc.): Insurance Placement and Risk Management Consulting similar to services requested in this RFP. Results are favorable for a broad array of successful projects completed over the past 3 years continuous relationship. Service team includes those providing and proposed to provide services for City's project. Annual insurance spend is over $15,000,000. Past Performance Reference Check #2 Company/Organization Name: City of Ft. Lauderdale Address: 100 N. Andrews Avenue, 3rd Floor, Fort Lauderdale, FL 33301 Contact Person:Guy Hine - Risk Manager Contact Phone Number:(954) 828-5177 Contact Email (if applicable):ghine@fortlauderdale.gov Date of Contract or Sale:12/19/2021 Prime or Subcontractor: Prime Other (Description of Service. Total dollar value of Contract, etc.): Insurance Placement and Risk Management Consulting similar to services requested in this RFP. Results are favorable for a broad array of successful projects completed over the past 15 year continuous relationship. Service team includes those providing and proposed to provide services for City's project. Annual Insurance Spend is over $6,000,000. 1 3/4/2024 1:31 PM p. 13 City of Miami - Attachment C City of Miami Solicitation 1496386 RFQ 1471386 Insurance Brokerage Services - Reference Submittal Form Past Performance Reference Check #3 Company/Organization Name: City of Jacksonville Address:117 West Duval Street, Jacksonville, FL 32202 Contact Person: Tracy Flynn, AIC, AIS - Chief of Risk Management Contact Phone Number: (904) 255-5310 Contact Email (if applicable):tflynn@coj.net Date of Contract or Sale:2018 Prime or Subcontractor: Prime Other (Description of Service, Total dollar value of Contract, etc.): Insurance Placement and Risk Management Consulting similar to services requested in this RFP. Results are favorable for a broad array of successful projects completed over the past 6 years continuous relationship. Service team includes those providing and proposed to provide services for City's project. Annual Insurance Spend is over $15,000,000. 2 3/4/2024 1:31 PM p. 14 City of Miami Solicitation 1496386 City of Miami - Attachment D RFP 1471386 PRICE PROPOSAL INSTRUCTIONS: The Proposer shall state the not -to -exceed price for providing all Insurance Brokerage Services as stated in the Scope of Services. The price includes all costs associated with providing these services. A. Insurance Brokerage Services — Initial Three (3) years $ 525,000 (Annual Broker Fee) X 3 Years (Initial Term) = $ 1,575,000 (Total for Initial Term) B. Insurance Brokerage Services — Option to Renew Years (2 years) Option to Renew Years Annual Broker Fee 1 $ 540,000 2 $ 555,000 The Proposer shall state its price for providing all services described within this Solicitation. Proposer shall submit pricing stated as a flat, fixed fee per year, which shall include all Proposer compensation necessary for the requested services. The fee proposed by the broker shall take into account all costs to provide the brokerage services identified in this RFP, including any commissions or fees charged by intermediaries (e.g., wholesale brokers) and/or commissions received or to be received by intermediaries for the placement of insurance coverage(s). The proposer must use this Attachment D, Price Proposal, in its current form and format. Edits, additions, and/or alternative pricing structures to Attachment D will be deemed non- responsive and will not be considered for contract award. Likewise, the use of any other forms and/or modification of City forms will result in the rejection of the Proposer's proposal submittal. NOTE: Any fees and/or commissions taken by the Proposer, broker(s), and/or any intermediaries in the placement of insurance coverage(s) must be disclosed to the City. The amount of annual commission shall reduce the broker's fee by the amount of the commission. For example, if the broker fee is $10.00 and the commission is $1.00, then the net broker fee charged by the broker is reduced by the broker to $9.00. *Exception - Standard NFIP Flood Commissions, per Addendum #6, Q&A 10 are in addition to the Annual Broker Fees identified Above. 3/4/2024 1:31 PM p. 15 City of Miami Solicitation 1496386 City of Miami - Attachment E RFP 1471386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 8-73) Solicitation Type and Number: RFP No. 47� 386 (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Titl Insurance Brokerage Services N/A (Bidder/Proposer) he reby certifi 's compliance with the Local Office requirements st tted under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office me ins a busine ;s within the city which meets all o the followi sg criteria: (1) Has lad a staffe 1 and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months i nmediately preceding the date bids or proposals w ,re received or the purchase or contract at issue; for purposes of this secti )n, "staffed" shall mean verifiable, fu 1-time, on -site employment at the local office for a minimu of forty (40) hours per calendar week, whether is a duly au horized employee, officer, principal r owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pur ;uant to a lease, such lease must be in writing, for a term of to less than welve (12) months, been in effect for no less than the twelve (12) months immediately precedin ; the date bids or proposals were received, and pe available for review and approval by the chief procurement officer o - its designee; for recently -executed leases that hay been in effect for any period less than the twelve (12) mont is immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twe we (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements pf this section, and shall be available f r review a .d approval by the chief procurement officer or its designee; furt ier requiring that historical, cleared rent checks o other rent p lyment documentation in writing that documents local office tenancy shall be available for review a d approval by the chief procurement officer or its d signee; (3) Has iad, for a inimum of twelve (12) months imm ;diately preceding the date bids or proposals were received for the purchase or contract at issue, a current bus ness tax rec ;ipt issued by both the city and Miami - Dade Co inty, if appli able; and (4) Has iad, for a inimum of twelve (12) months imm ;diately preceding the date bids or proposals were received for the pure lase or contract at issue, any license or certificat ; of competency and certificate of use required by either the city or Miami -Dade County that aut orizes the p ;rformance of said business operation and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible f )r considerat on under this section; provided, howe rer, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Lo :al Office Certification 3/443Qjr'g1 PM p. 32 City of Miami City of Miami - Attachment E Solicitation 1496386 RFP 1471386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: NIA Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES NO ❑ ❑ If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ❑ YES ❑ NO ❑ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: Cite Exemption: NO Exempt ❑ YES ❑ ❑ Miami -Dade County: Cite Exemption: ❑ YES ❑ NO ❑ Exempt Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES NO ❑ ❑ Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 3/4/,r Q y 6141 PM p. 33 City of Miami Solicitation 1496386 City of Miami - Attachment E RFP 1471386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced 3 FORM -City of Miami Local Office Certification 3/4/,r Q y 6141 PM p. 34 Request for Proposals (RFP) 1471386 City of Miami Solicitation 1496386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: Risk Management Associates, Inc. ADDRESS: 300 North Beach Street, Daytona Beach, FL 32114 PHONE:(386) 239-7245 FAX: (386) 239-4049 EMAIL: Matt.Montgomery@bbrown.com CELL(Optional): (850) 528-7423 SIGNED BY: TITLE:Executive Vice President DATE: 4/24/2024 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE 3/4/2024 1:31 PM p.36 City of Miami Certifications Request for Proposals (RFP) 1471386 Solicitation 1496386 Legal Name of Firm: Risk Management Associates, Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Firm's Federal Employer Identification Number ("FEIN/EIN"): 59-2445801 Year Established: Brown & Brown, Inc. - 1939; Risk Management Associates, Inc. - 1992 Office Location: City of Miami, Miami -Dade County, or Other: City of Daytona Beach Business Tax Receipt/Occupational License Number: BT-65997 Business Tax Receipt/Occupational License Issuing Agency: City of Daytona Beach Business Tax Receipt/Occupational License Expiration Date: 9/30/2024 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (e.g., Addendum No. 1, 3/15/2024). If no addendum/addenda was/were issued, please insert N/A. Addendum #s - 1-3/26/24; #2-4/19/24; #3-5/13/24; #4-5/13/24; #5-5/13/24; #6-5/13/24 Changes - 3/29/24; 4/26/24; 5/2/24 Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Yes Acknowledge that if awarded, Proposer will be required to execute the Professional Services 3/4/2024 1:31 PM p.37 City of Miami Solicitation 1496386 Request for Proposals (RFP) 1471386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Term, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification/Hold Harmless/Duty to Defend, #13 Termination; Obligation Upon Termination, #15 Nondiscrimination, and # 23 City Not Liable for Delays) are non-negotiable. Agree. We reserve the right for our Legal Team to review and approve final contract terms. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE 3/4/2024 1:31 PM p. 38 Titu i`' tanti ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 1 RFP NO. 1471386 March 26, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, April 23, 2024, at 5:00 PM. Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: James Justin Griffin; Email: JGriffinAmiamigov.com. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. 4. cazza,249)„... fo r Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: Risk Management Associates, Inc. DATE:4/24/2024 SIGNATURE: Titu of aiarni ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 2 RFP NO. 1471386 March 29, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. A Sample Professional Services Agreement has been included in the Documents Section of Periscope as Attachment F. Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: James Justin Griffin; Email: JGriffin(a_miamigov.com. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. G,a:c� 4. �'�E for Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: Risk Management Associates, Inc. SIGNATURE: DATE: 4/24/2024 City of Miami Solicitation 1496386 1Iit Iw tami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 3 RFP NO. 1471386 April 19, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, April 30, 2024, at 5:00 PM. All inquiries received in advance of the Deadline for the Receipt of Request for Clarification will be addressed in a future addendum to the RFP. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement 4/19/2024 4:25 PM p. 115 City of Miami Solicitation 1496386 This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: Risk Management Associates, Inc. DATE: 4/24/2024 SIGNATURE: 4/19/2024 4:25 PM p. 116 Titu of aiarni ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 4 RFP NO. 1471386 April 26, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, May 7, 2024, at 5:00 PM. All inquiries received in advance of the Deadline for the Receipt of Request for Clarification will be addressed in a future addendum to the RFP. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: Risk Management Associates, Inc. SIGNATURE: DATE: 5/06/2024 Titu of aiarni ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 5 RFP NO. 1471386 May 1, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, May 21, 2024, at 5:00 PM. All inquiries received in advance of the Deadline for the Receipt of Request for Clarification will be addressed in a future addendum to the RFP. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: Risk Management Associates, Inc. SIGNATURE: DATE: 05/06/2024 Titu of aiarni ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 6 RFP NO. 1471386 May 13, 2024 REQUEST FOR PROPOSAL FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix to the documents you have on hand. A. Attachment F, Sample Professional Services Agreement, is relabeled as Attachment I. B. A transcript of the recording from the Voluntary Virtual Pre -Proposal Conference, which was held on February 22, 2024, has been included in the Documents Section of Periscope (BidSync) as Attachment J. C. The City's Flood Schedule for 2024 — 2025 has been added in the Documents Section of Periscope as Attachment K. D. A Master Property Schedule, in MS Excel format, has been included in the Documents Section of Periscope as Attachment L. E. The following are inquiries received from Prospective Proposers and the City's corresponding responses: Q1: Can the City provide Attachment H, Master Property Schedule, in MS Excel format? Al: Refer to Section D above. Q2: Has the City performed on -site physical property valuations within the past five (5) years? A2: No. 1 Q3: Does the City apply a building value trend factor annually? A3: No. Q4: Is the City considering having property valuations performed? A4 Yes, the City will independently procure appraisal services. Q5: Are insurance premiums and costs allocated back to the different facilities and/or departments? A5: Yes. Q5: Is the reason for publishing this RFP due to the standard bid cycle timing or is this an "off -cycle" RFP? A5: The standard bid cycle timing is the reason for publishing. Q6: What is the current fee level of compensation for the incumbent broker? A6: The current fee is sixty five thousand dollars ($65,000.00) annually. Q7: Does the current broker receive any additional compensation other than broker fees? A7: Yes, but not directly from the City of Miami. Q8: Does the current broker receive any risk control service fees? A8: No. Q9: Does Brown & Brown utilize PRIA, Bridge Specialty Group, or one of its program arms to place the property coverage? A9: Yes. Q10: If NFIP/Flood placements include commissions that cannot be netted out, then will the contracted broker be allowed to take those commissions in addition to the proposed compensation? A10: Yes. 2 Q11: Who are the current wholesalers being used to access domestic and global markets? All: Apex Insurance Public Entities Casualty Specialists (Brown and Brown); Peach Tree Special Risk aka Bridge Specialty (Brown and Brown); Decus Insurance Broker Limited (Brown and Brown); Hull &Company (Brown and Brown); and Avion Insurance. Q12: Do the current wholesalers being used to access domestic and global markets disclose their compensation to the City? Al2: No. Q13: Pursuant to Attachment D, Price Proposal, and the proposed price described in Section 4.1.6 of the RFP, please clarify that the price proposed by each respondent should include all commissions and fees charged by all owned, non - owned, both domestic and international intermediaries, including but not limited to, wholesale brokers for the placement of insurance coverages for the City? A13: Yes, this statement is confirmed. Q14: Does the City plan to conduct (yearly or periodic) audits of all commissions and fees collected by the selected proposer that includes all commission and fees charged by all owned, non -owned, both domestic and international intermediaries, including but not limited to wholesale brokers for the placement of insurance coverages for the City, to verify compliance of annual broker fee disclosure and reduction of said fee? A14: The City reserves the right to perform an audit. Q15: Does the current Annual Broker Fee include all compensation for all owned wholesalers/intermediaries and all non -owned wholesalers/intermediaries? A15: No. Q16: Please provide the Broker compensation disclosures provided by the current Broker. A16: As of April 1, 2024, the following compensations were disclosed: Broker Fees in the amount of $65,000.00 + NFIP Commissions in the amount of $57,120.00. Thus, the total amount is $122,120.00 or .86% of total premiums; and Commission to domestic excess/surplus lines wholesalers is in the amount of $588,448 or 4.15% of total premiums. 3 Q17: Please provide a list of policies placed through wholesalers and/or intermediaries. A17: Property and casualty placements are done through Apex Insurance and Bridge Specialty. Decus Insurance Broker Limited is used for placements in London, UK. Marinas' placements are done with Hull and Company. Aviation placements are done with Avion Insurance. Q18: Are there any lines of coverage (other than NFIP) or services provided that are not included in the Annual Broker Fee and what is the relevant information on any additional fees and/or commission (other than NFIP) retained by the Broker and/or any wholesalers/intermediaries for any lines of coverage or services not included in the Annual Broker Fee? A18: All lines of coverage and services are included in the Annual Broker Fee. Currently, commissions to domestic excess/surplus lines wholesalers are in the amount of $588,448. Q19: Please confirm or clarify that no wholesalers/intermediaries are permitted to earn commissions on any placements and are to have their compensation included within the Annual Broker Fee. A19: The City's intent is for no commissions or overrides to be paid unless the commissions or overrides cannot be "netted out" and the rate reduced accordingly. All compensation needs to be disclosed and the fee reduced accordingly. Q20: Please confirm there is an exception for NFIP policies and that Broker commissions for NFIP policies are in addition to the Annual Broker Fee because insurance companies are not authorized to rebate commissions on any new or renewal NFIP policies. A20: Yes, this is confirmed. Q21: What is the date of the City's latest appraisal? Is any information regarding any trending of values since the last appraisal? A21: Yes, the Broker assists in trending values. No appraisals have been conducted recently. Q22: Does the incumbent Broker participate in Workers Compensation and/or Liability Claims reviews and if so, what are the frequency of the reviews? A22: Yes, typically on a quarterly basis. 4 Q23: Is the Broker providing Loss Control Services? If so, what are the details of those services, including the number of days of service and whether those days of service are included within the current annual Broker's fee? A23: No, the incumbent broker is not providing Loss Control Services. Q24: Please provide an updated Schedule of Insurances as many of these policies may have been renewed. A24: Attachment F is the most current Schedule of Insurance available and can be found in the Documents Section of Periscope. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ya-dee-sa-4. �,�2�cGQ�1 efrL for nnie Perez, CPPO Chief Procurement Officer/Director City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: Risk Management Associates, Inc. SIGNATURE: DATE: 5/20/2024 5 COMPOSITE SCORES RFP NO. 1471386 Insurance Brokerage Services - Post Oral Presentations EVALUATION OF PROPOSALS EVALUATION CRITERIA Maximum Points Per Member Maximum Total Points (5 members) Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance 40 200 146 165 188 157 Proposer's approach to providing the services requested in this solicitation 40 200 146 162 185 149 Proposer's Proposed Price 20 100 91 85 65 52 TOTAL POINTS 100 500 383 412 438 358 RANKING 3 2 1 4 PRINT NAME: tJQrgi Jus-hsi) GnA%y 3/6/2025 COMPOSITE SCORES RFP NO. 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS EVALUATION CRITERIA Maximum Points Per Member Maximum Total Points (5 members) Foundation Risk Partners McGriff Insurance Services Risk Management Associates iiUTW Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance 40 200 7:� Z Z j �5 Proposer's approach to providing the services requested in this solicitation 40 200 2 1 3 Z ? 7 J �� Local Preference 4 20 Proposer's Proposed Price 20 100 1 2 G C Cj ,r TOTAL POINTS 104 520 0 0 0 00 RANKING SIGNATURE: .eh9Rpsrson PRINT NAME: �cut4 Kiwz- EVALUATION OF PROPOSALS RFP 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS Francisco Gomez EVALUATION CRITERIA Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance Proposer's approach to providing the services requested in this solicitation Proposer's Proposed Price Maximum Points Per Member 40 40 4 TOTAL POINTS Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW t3 104 SIGNATURE: //2 ?//-fi' Committee Member 0 0 0 0 Committee Member 1/29/2025 EVALUATION OF PROPOSALS RFP 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS Ed Beecher EVALUATION CRITERIA Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance Proposer's approach to providing the services requested in this solicitation Proposer's Proposed Price SIGNATURE: Committee Member TOTAL POINTS paet2,c,, Maximum Points Per Member 40 40 20 100 Foundation Risk Partners 3(yr 33 Committee Member McGriff Insurance Services 33 Risk Management Associates I 5 9 3 a WTW c30 .3a 7L[ 1/20/2025 EVAL RFP Insurance Brokerage EVALUATION Marc Chevalier 14713386 Services OF PROPOSALS EVALUATION CRITERIA Maximum Points Per Member Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance 40 Proposer's approach to providing the services requested in this solicitation 40 Proposer's Proposed Price 20 1 Cs \ ,1:\ \ �D ( 0 OTAL INTS I,('1 1 / 1 / i 1 1 1 1 7 100 0 0 0 0 SIGNATUR ,` /J Committee Member • PINT NAME: Committee Member 1/29/2025 EVALUATION OF PROPOSALS RFP 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS Karen Muir EVALUATION CRITERIA , Maximum Points Per Member Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposers Key Personnel, Qualifications, Experience, and Past Performance 40 Proposer's approach to providing the services requested in this solicitation 40 Proposers Proposed Price 20 1itt I I ItD TOTAL POINTS 100 0 0 0 0 Committee Member PRINT NAME: JoM EA) Committee Member 1/28/2025 COMPOSITE SCORES RFP NO. 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS EVALUATION CRITERIA Maximum Points Per Member Maximum Total Points (s members) Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposers Key Personnel, Qualifications, Experience, and Past Performance 40 200 146 164 188 157 Proposer's approach to providing the services requested in this solicitation 40 200 146 162 185 149 Proposers Proposed Price 20 100 76 74 73 61 TOTAL POINTS 100 500 368 400 446 367 RANKING 3 2 1 4 SIGNATURE: 612'{'26/ Chairperson PRINT NAME: :gpef acl�17N On6;'� 6242024 COMPOSITE SCORES RFP NO. 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS EVALUATION CRITERIA Maximum Points Per Member Maximum Total Points (5 members) Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance 40 200 146 165 188 157 Proposer's approach to providing the services requested in this solicitation 40 200 146 162 185 149 Proposer's Proposed Price 20 100 76 74 73 61 TOTAL POINTS 100 500 368 401 446 367 RANKING _. • 2 3 2 1 4 REVIEWED BY: PRINT NAME: � f ,.Par I (7 �,%G ilf(/h i 6252024 COMPOSITE SCORES RFP NO. 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS EVALUATION CRITERIA Maximum Points Per Member Maximum Total Points (s members) Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposers Key Personnel, Qualifications, Experience, and Past Performance 40 200 146 164 188 157 Proposer's approach to providing the services requested in this solicitation 40 200 146 162 185 149 Proposers Proposed Price 20 100 76 74 73 61 TOTAL POINTS 100 500 368 400 446 367 RANKING 3 2 1 4 SIGNATURE: 612'{'26/ Chairperson PRINT NAME: :gpef acl�17N On6;'� 6242024 COMPOSITE SCORES RFP NO. 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS EVALUATION CRITERIA Maximum Points Per Member Maximum Total Points (5 members) Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance 40 200 146 165 188 157 Proposer's approach to providing the services requested in this solicitation 40 200 146 162 185 149 Proposer's Proposed Price 20 100 76 74 73 61 TOTAL POINTS 100 500 368 401 446 367 RANKING _. • 2 3 2 1 4 REVIEWED BY: PRINT NAME: � f ,.Par I (7 �,%G ilf(/h i 6252024 COMPOSITE SCORES RFP NO. 14713386 Insurance Brokerage Services EVALUATION OF PROPO S EVALUATION CRITERIA Maximum Points Per Member Maximum Total Points (5 members) 6 1* #3 #4 Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance 40 200 3 ti 33 0 cl 3 0 Pin this oli approach to providing the services requested in this solicitation 40 200 3 3 3,3 0 3 '���.���"' Local Preference 4 20 �- —... Proposer's Proposed Price 20 100 J 7 i �.,,r i 5 TOTAL POINTS 104 520 0 0 0 0 RANKING 410 SIGNATURE: Chairperson Reviewed By PRINT NAME: � cl eBee.cd„ 2 Li/ /Z4ia9 EVALUATION OF PROPOSALS RFP 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS Karen Muir EVALUATION CRITERIA v Maximum Points Per Member Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance 40 33 35 37 33 Proposer's approach to providing the services requested in this solicitation 40 Local Preference 4 D 0 0 Proposers Proposed Price 20 /0 �� /s , TOTAL POINTS 104 0 0 0 0 SIGNATURE: ' Committee Member PRINT NAME: Committee Member EVALUATION OF PROPOSALS RFP 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS David Ruiz EVALUATION CRITERIA Maximum Points Per Member Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance 40 C 7.3 u Proposer's approach to providing the services requested in this solicitation 40 ') -� 3) Z Local Preference 4 Proposer's Proposed Price 20 2-0 1 q c 2 TOTAL POINTS / 104 -(api 0 _, or 0 0 %-z___ 0 6,, 0 SIGNATURE: Committee Member% PRINT NAME: 00-A44"/ it" Committee Member q(-c-ii2L/ EVALUATION OF PROPOSALS RFP 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS MIONSIIMP ,r„PJ c i c 0(:n 'a,._ EVALUATION CRITERIA Maximum Points Per Member Foundation Risk Partners McGriff Insurance Services Risk Management Associates WTW Proposer and Proposers Key Personnel, Qualifications, Experience, and Past Performance 40 - 'U,--21 approach to providing the services requested in this solicitation 40 74Proposer's 55 Local Preference 4 Proposer's Proposed Price 20 f /! / 1 /3 4 TOTAL POINTS i / 104 19) 0 1 0 ?' 0 it, 0 SIGNATURE: Committee Member PRINT NAME: (NCiCo 6V A9e 2- Committee Member a@4/2024 COMPOSITE SCORES RFP NO. 14713386 Insurance Brokerage Services EVALUATION OF PROPOSALS EVALUATION CRITERIA Maximum Points Per Member Maximum Total Points (5 members) #1 #2 #3 #4 i Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance:) 40 200 "aN/q , 3 i Proposer's approach to providing the services requested in this solicitation 40 200 r \ —J , ✓� 4 Local Preference 4 20 "% Proposed Price 20 100 n \r) . 1,0 AiProposer's TOTAL POINTS 104 520 0 0 0 0 RANKING J ,.� �.P C0 SIGNATURE: Chairperson Reviewed By PRINT NAME: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager FROM: Annie erez, CPPO Chief Procurement Officer/Director DATE: April 2, 2024 SUBJECT: Evaluation Committee for Insurance Brokerage Services REFERENCES: Request for Proposals ("RFP") No. 14713386 The Department of Procurement ("Procurement"), on behalf of the Department of Risk Management ("Risk"), issued Request for Proposals ("RFP") No. 1471386, on February 26, 2024, for the provision of Insurance Brokerage Services. It is respectfully requested that you approve the following individuals as members of the Evaluation Committee ("Committee") to evaluate and score the proposals. Each of the members of the Committee has the requisite knowledge and experience to evaluate the proposals pursuant to the RFP. Chairperson (Non -Voting) J. Justin Griffin, Senior Procurement Contracting Officer, Procurement Internal Committee Members (Voting) Ann -Marie Sharpe, ARM-P, CPPT, CAAPP, Director, Risk Management David Ruiz, Assistant Director, Risk Management External Committee Members (Voting) Karen Muir, Director, Risk Management, City of North Miami Marc Chevalier II, Risk Manager, Risk Management, City of Miami Beach Aston Henry, Jr., Director, Risk Management Department, Broward County Public Schools Alternate (Voting) Ed Beecher, Risk Manager, City of Pompano Beach Francisco Gomez, Property & Casualty Manager, Risk Management APPROVED: DATE: Arthur Noriega, V City Manager AP:jg April 4, 2024 1 10:24:07 EDT cc: Ann -Marie Sharpe, ARM-P, CPPT, CAAPP, Director, Risk Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement Pablo R. Velez, Esq., Senior Assistant City Attorney PR24100 5/30/24, 8:51 AM Detail by Entity Name DIVISION OF CORPORATIONS iy r, 1 j } f l � pupils L,D11 r PSAyr llr✓��r�j as a s%rr1 Tate of Ftwida svelaite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation RISK MANAGEMENT ASSOCIATES, INC. Filing Information Document Number H16549 FEI/EIN Number 59-2445801 Date Filed 08/14/1984 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 04/15/2003 Event Effective Date NONE Principal Address 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Changed: 03/18/2021 Mailing Address 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Changed: 03/18/2021 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Name Changed: 09/18/2019 Address Changed: 09/18/2019 Officer/Director Detail Name & Address Title DIRECTOR, PRESIDENT https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=RISKMA... 1 /3 5/30/24, 8:51 AM BROWN, P. BARRETT 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Title VICE PRESIDENT WATTS, RICHARD ANDREW 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Title TREASURER STANTON, JOSEPH 300 NORTH BEACH STREET DAYTONA BEACH, FL 32114 Annual Reports Report Year Filed Date 2022 04/25/2022 2023 04/09/2023 2024 04/23/2024 Document Images 04/23/2024 --ANNUAL REPORT 04/09/2023 --ANNUAL REPORT 04/25/2022 --ANNUAL REPORT 03/18/2021 --ANNUAL REPORT 04/22/2020 --ANNUAL REPORT 09/18/2019 -- Reg. Agent Change 03/21 /2019 -- ANNUAL REPORT 04/06/2018 --ANNUAL REPORT 04/17/2017 --ANNUAL REPORT 04/08/2016 --ANNUAL REPORT 04/12/2015 --ANNUAL REPORT 04/23/2014 --ANNUAL REPORT 04/16/2013 --ANNUAL REPORT 04/27/2012 --ANNUAL REPORT 03/20/2012 -- Reg. Agent Change 04/29/2011 -- ANNUAL REPORT 04/01 /2010 -- ANNUAL REPORT 04/08/2009 --ANNUAL REPORT 04/01 /2009 -- ANNUAL REPORT 04/24/2008 --ANNUAL REPORT 04/17/2007 --ANNUAL REPORT 03/15/2006 --ANNUAL REPORT 02/28/2005 --ANNUAL REPORT 02/10/2004 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=R1 SKMA... 2/3 5/30/24, 8:51 AM 04/15/2003 -- Name Change 03/05/2003 --ANNUAL REPORT 02/06/2002 --ANNUAL REPORT 04/19/2001 --ANNUAL REPORT 03/06/2000 --ANNUAL REPORT 04/30/1999 --ANNUAL REPORT 05/21 /1998 --ANNUAL REPORT 03/17/1997 --ANNUAL REPORT 04/24/1996 --ANNUAL REPORT 03/10/1995 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=R1 SKMA... 3/3 Iit of i i iatiti ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 6 RFP NO. 1471386 May 13, 2024 REQUEST FOR PROPOSAL FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix to the documents you have on hand. A. Attachment F, Sample Professional Services Agreement, is relabeled as Attachment I. B. A transcript of the recording from the Voluntary Virtual Pre -Proposal Conference, which was held on February 22, 2024, has been included in the Documents Section of Periscope (BidSync) as Attachment J. C. The City's Flood Schedule for 2024 — 2025 has been added in the Documents Section of Periscope as Attachment K. D. A Master Property Schedule, in MS Excel format, has been included in the Documents Section of Periscope as Attachment L. E. The following are inquiries received from Prospective Proposers and the City's corresponding responses: Q1: Can the City provide Attachment H, Master Property Schedule, in MS Excel format? Al : Refer to Section D above. Q2: Has the City performed on -site physical property valuations within the past five (5) years? A2: No. 1 Q3: Does the City apply a building value trend factor annually? A3: No. Q4: Is the City considering having property valuations performed? A4 Yes, the City will independently procure appraisal services. Q5: Are insurance premiums and costs allocated back to the different facilities and/or departments? A5: Yes. Q5: Is the reason for publishing this RFP due to the standard bid cycle timing or is this an "off -cycle" RFP? A5: The standard bid cycle timing is the reason for publishing. Q6: What is the current fee level of compensation for the incumbent broker? A6: The current fee is sixty five thousand dollars ($65,000.00) annually. Q7: Does the current broker receive any additional compensation other than broker fees? A7: Yes, but not directly from the City of Miami. Q8: Does the current broker receive any risk control service fees? A8: No. Q9: Does Brown & Brown utilize PRIA, Bridge Specialty Group, or one of its program arms to place the property coverage? A9: Yes. Q10: If NFIP/Flood placements include commissions that cannot be netted out, then will the contracted broker be allowed to take those commissions in addition to the proposed compensation? A10: Yes. 2 Q11: Who are the current wholesalers being used to access domestic and global markets? All: Apex Insurance Public Entities Casualty Specialists (Brown and Brown); Peach Tree Special Risk aka Bridge Specialty (Brown and Brown); Decus Insurance Broker Limited (Brown and Brown); Hull &Company (Brown and Brown); and Avion Insurance. Q12: Do the current wholesalers being used to access domestic and global markets disclose their compensation to the City? Al2: No. Q13: Pursuant to Attachment D, Price Proposal, and the proposed price described in Section 4.1.6 of the RFP, please clarify that the price proposed by each respondent should include all commissions and fees charged by all owned, non - owned, both domestic and international intermediaries, including but not limited to, wholesale brokers for the placement of insurance coverages for the City? A13: Yes, this statement is confirmed. Q14: Does the City plan to conduct (yearly or periodic) audits of all commissions and fees collected by the selected proposer that includes all commission and fees charged by all owned, non -owned, both domestic and international intermediaries, including but not limited to wholesale brokers for the placement of insurance coverages for the City, to verify compliance of annual broker fee disclosure and reduction of said fee? A14: The City reserves the right to perform an audit. Q15: Does the current Annual Broker Fee include all compensation for all owned wholesalers/intermediaries and all non -owned wholesalers/intermediaries? A15: No. Q16: Please provide the Broker compensation disclosures provided by the current Broker. A16: As of April 1, 2024, the following compensations were disclosed: Broker Fees in the amount of $65,000.00 + NFIP Commissions in the amount of $57,120.00. Thus, the total amount is $122,120.00 or .86% of total premiums; and Commission to domestic excess/surplus lines wholesalers is in the amount of $588,448 or 4.15% of total premiums. 3 Q17: Please provide a list of policies placed through wholesalers and/or intermediaries. A17: Property and casualty placements are done through Apex Insurance and Bridge Specialty. Decus Insurance Broker Limited is used for placements in London, UK. Marinas' placements are done with Hull and Company. Aviation placements are done with Avion Insurance. Q18: Are there any lines of coverage (other than NFIP) or services provided that are not included in the Annual Broker Fee and what is the relevant information on any additional fees and/or commission (other than NFIP) retained by the Broker and/or any wholesalers/intermediaries for any lines of coverage or services not included in the Annual Broker Fee? A18: All lines of coverage and services are included in the Annual Broker Fee. Currently, commissions to domestic excess/surplus lines wholesalers are in the amount of $588,448. Q19: Please confirm or clarify that no wholesalers/intermediaries are permitted to earn commissions on any placements and are to have their compensation included within the Annual Broker Fee. A19: The City's intent is for no commissions or overrides to be paid unless the commissions or overrides cannot be "netted out" and the rate reduced accordingly. All compensation needs to be disclosed and the fee reduced accordingly. Q20: Please confirm there is an exception for NFIP policies and that Broker commissions for NFIP policies are in addition to the Annual Broker Fee because insurance companies are not authorized to rebate commissions on any new or renewal NFIP policies. A20: Yes, this is confirmed. Q21: What is the date of the City's latest appraisal? Is any information regarding any trending of values since the last appraisal? A21: Yes, the Broker assists in trending values. No appraisals have been conducted recently. Q22: Does the incumbent Broker participate in Workers Compensation and/or Liability Claims reviews and if so, what are the frequency of the reviews? A22: Yes, typically on a quarterly basis. 4 Q23: Is the Broker providing Loss Control Services? If so, what are the details of those services, including the number of days of service and whether those days of service are included within the current annual Broker's fee? A23: No, the incumbent broker is not providing Loss Control Services. Q24: Please provide an updated Schedule of Insurances as many of these policies may have been renewed. A24: Attachment F is the most current Schedule of Insurance available and can be found in the Documents Section of Periscope. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO Chief Procurement Officer/Director City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: 5 fai#v 4lfliami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 5 RFP NO. 1471386 May 1, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, May 21, 2024, at 5:00 PM. All inquiries received in advance of the Deadline for the Receipt of Request for Clarification will be addressed in a future addendum to the RFP. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: fai#g 4lfliami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager .0 + i1 , ADDENDUM NO. 4 RFP NO. 1471386 April 26, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, May 7, 2024, at 5:00 PM. All inquiries received in advance of the Deadline for the Receipt of Request for Clarification will be addressed in a future addendum to the RFP. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. (/.r:� is Y . (�?^:G�ri/ for // Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: fai#v 4lfliami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager .0 + i1 , ADDENDUM NO. 3 RFP NO. 1471386 April 19, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, April 30, 2024, at 5:00 PM. All inquiries received in advance of the Deadline for the Receipt of Request for Clarification will be addressed in a future addendum to the RFP. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Pablo Velez, Senior Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: fai#v 4lfliami ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 2 RFP NO. 1471386 March 29, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. A Sample Professional Services Agreement has been included in the Documents Section of Periscope as Attachment F. Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: James Justin Griffin; Email: JGriffin(c�miamigov.com. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. yade-se..a- 4. C.ah�for nnie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: fai#g 4lfliarni ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager .0vab ADDENDUM NO. 1 RFP NO. 1471386 March 26, 2024 REQUEST FOR PROPOSALS FOR INSURANCE BROKERAGE SERVICES The following changes, additions, clarifications, and deletions amend the RFP documents of the above -captioned RFP and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The deadline for the submission of Proposals has been changed to Tuesday, April 23, 2024, at 5:00 PM. Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: James Justin Griffin; Email: JGriffi n(c�miamigov.com. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFP AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAME. 4. C.a16:44-6'12- fo r Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:jg cc. Ann -Marie Sharpe, Director, Risk Management Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: DATE: Request for Proposals (RFP) 1471386 City of Miami Request for Proposals (RFP) Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamioov.com/procurement RFP Number: 1471386 Title: Insurance Brokerage Services Issue Date/Time: Monday, March 4, 2024 RFP Closing Date/Time: Tuesday, April 9, 2024, at 5:00 PM Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: Monday, March 11, 2024, at 11:00 AM Pre-Bid/Pre-Proposal Location: Virtual via MS Teams (See Section 2.2) Deadline for Request for Clarification: Monday, March 18, 2024, at 5:00 PM Contracting Officer: James Justin Griffin Contracting Officer E-Mail Address: igriffin(&miamigov.com Request for Proposals (RFP) 1471386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE Certifications Request for Proposals (RFP) 1471386 Legal Name of Finn: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Firm's Federal Employer Identification Number ("FEIN/EIN"): Year Established: Office Location: City of Miami, Miami -Dade County, or Other: Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (e.g., Addendum No. 1, 3/15/2024). If no addendum/addenda was/were issued, please insert N/A. Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Acknowledge that if awarded, Proposer will be required to execute the Professional Services Request for Proposals (RFP) 1471386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Term, #6 Audit and Inspection Rights and Records Retention, #8 Public Records, #9 Compliance with Federal, State and Local Laws, #10 Indemnification/Hold Harmless/Duty to Defend, #13 Termination; Obligation Upon Termination, #15 Nondiscrimination, and # 23 City Not Liable for Delays) are non-negotiable. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE Request for Proposals (RFP) 1471386 IMPORTANT NOTICE TO PROPOSERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR PROPOSAL NON -RESPONSIVE. • FAILURE TO COMPLETE AND UPLOAD THE FOLLOWING WILL RENDER YOUR PROPOSAL NON -RESPONSIVE. 1. ATTACHMENT C, REFERENCE SUBMITTAL FORM; AND 2. ATTACHMENT D, PRICE PROPOSAL. • ATTACHMENT FILES SHALL BE NO MORE THAN 500MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT PERISCOPE S2G ELECTRONIC BIDDING SYSTEM F/K/A BIDSYNC ("PERISCOPE") PRODUCT SUPPORT TOLL -FREE NUMBER 800-990-9339, EMAIL S2G-SUPPORT(&PERISCOPEHOLDINGS.COM, OR HTTPS://WWW.PERISCOPEHOLDINGS.COM/CONTACT FOR PERISCOPE TECHNICAL DIFFICULTIES AND/OR ISSUES. Request for Proposals (RFP) 1471386 Terms and Conditions 1. General Terms and Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. LIVING WAGE ORDINANCE 2.6. PROPOSERS MINIMUM QUALIFICATIONS 2.7. REFERENCES 2.8. EXECUTION OF AN AGREEMENT 2.9. INSURANCE REQUIREMENTS 2.10. PROJECT MANAGER 2.11. SUBCONTRACTORS OR SUBCONSULTANTS 2.12. REMOVAL OF EMPLOYEES/SUBCONTRACTORS 2.13. COMPLETE PROJECT REQUIRED 2.14. UNAUTHORIZED WORK 2.15. CHANGES/ALTERATIONS 2.16. COMPENSATION 2.17. METHOD OF PAYMENT 2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 2.19. RECORDS 2.20. ADDITIONAL SERVICES 2.21. TRUTH IN NEGOTIATION CERTIFICATE 2.22. NON -APPROPRIATION OF FUNDS 2.23. FAILURE TO PERFORM 2.24. TERMINATION 2.25. ADDITIONAL TERMS AND CONDITIONS 2.26. LOCAL OFFICE PREFERENCE 2.27. REFERENCE MATERIALS 2.28. CURES 2.29. PRIMARY CLIENT (FIRST PRIORITY) 2.30. PUBLIC ENTITY CRIMES 2.31. E-VERIFY EMPLOYMENT VERIFICATION 3. Specifications 3.1. SCOPE OF COVERAGE PLACEMENT SERVICES 3.2. PLACEMENT SERVICES 3.3. POST RENEWAL PLACEMENT ACTIONS 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Request for Proposals (RFP) 1471386 1. GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1 ACCEPTANCE OF GOODS, EQUIPMENT OR SERVICES - Any good(s), equipment or services delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. In terms of this Solicitation the use of the word "services" includes without limitation professional and personal services as that term professional and personal services is defined by the City of Miami Procurement Ordinance and as set forth in the Definitions Section 18-73 of the City Code. 1.2 ACCEPTANCE OF OFFER - Subject to prior occurrence of all condition's precedent set forth in Section 1.88, The signed or electronic submission of your solicitation response shall be considered an offer on the part of the Proposer; such offer shall be deemed accepted upon the occurrence of all conditions precedent and issuance by the City of a purchase order or notice to proceed, as applicable. In summation, execution of a Professional Services Agreement and/or Agreement, approval by a referendum as stated in this RFP, and issuance by the City of a purchase order, and/or notice to proceed, as applicable. 1.3 ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Procurement shall notify all affected Proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any Proposer: 1) Who has previously failed to properly perform under the terms and conditions of a Professional Services Agreement ("PSA") and/or Agreement, 2) Who failed to deliver on time, contracts of a similar nature, 3) Who is not in a position to perform the requirements defined in this formal solicitation 4) Who has been debarred, 5) Who is on the convicted vendors list, 6) Who is indebted to the City, or 7) Who is otherwise determined to be non- responsive or non -responsible. The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4 ADDENDA - It is the Proposer's responsibility to ensure receipt of all Addenda. Addenda are available on the Periscope S2G Electronic Bidding System f/k/a BidSync ("Periscope") only. Request for Proposals (RFP) 1471386 1.5 ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6 ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all its rights, title or interest herein, without the City Manager's prior written consent. 1.7 ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8 AUDIT RIGHTS AND RECORDS RETENTION - The Successful Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. The audit and inspection provisions set forth in Sections 18-100 to 18-102, City Code, are deemed as being incorporated by reference herein as set forth in full. 1.9 AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi -governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Proposer. 1.10 AWARD OF CONTRACT: A. The PSA and/or Agreement, the Formal Solicitation, the Proposer's response, any addenda issued, and the blanket purchase order shall constitute the entire contract, unless modified in accordance with any ensuing amendment or addenda. B. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Proposer is in default of these contractual requirements, the City, through action taken by the Department of Procurement, will void its acceptance of the Proposer's Response and may accept the Response from the next lowest responsive, responsible Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Proposer and its proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Proposer's default. C. The term of the contract shall be specified in one of three documents which shall be issued to the Successful Proposer. These documents may either be a blanket purchase order, notice of award and/or contract award sheet. D. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days Request for Proposals (RFP) 1471386 beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and awarded. If the right is exercised, the City shall notify the Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Proposer are in mutual agreement of such extensions. E. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. F. An PSA and/or Agreement shall be awarded to the Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an PSA and/or Agreement with the Proposer, whichever is determined to be in the City's best interests. Such PSA and/or Agreement which will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. All conditions precedent identified in Section 1.88 before any Agreement is binding. 1.11 BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all Proposers, if so indicated under the Special Conditions. This check or bond guarantees that the Proposer will accept the order or contract/agreement, as proposed, if it is awarded to the Proposer. Proposer shall forfeit proposal deposit to the City should the City award the contract/agreement to the Proposer and if Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Proposal deposits are returned to unsuccessful Proposers within ten (10) days after the award and Successful Proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all deposits will be returned on demand. 1.12 RESPONSE FORM - All forms should be completed, signed and submitted accordingly. 1.13 BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a PSA and/or Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be negotiated with the next highest ranked responsive and responsible Proposal most advantageous to the City or all responses may be rejected. 1.14 BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or Proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15 CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of proposal cancellation, the Director of Procurement shall notify all prospective Proposers and make available a written explanation for the cancellation. Request for Proposals (RFP) 1471386 1.16 CAPITAL EXPENDITURES - Proposer understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Contractor. If Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17 CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18 COLLUSION - Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Procurement Department or initiating department. The Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all responses where collusion may have occurred. 1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, competitive solicitations etc., et. al., as applicable. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Request for Proposals (RFP) 1471386 M. City Financial Policies, City Code Chapter 18, Article IX. N. City of Miami Charter Sections 3(f) (iii) and 29-B. O. City of Miami Sale or Lease of Real Property, City Code Chapter 18, Article V. P. City of Miami Living Wage Ordinance, Chapter 18, Article X, City Code. Q. Alcoholic beverage, food and beverage laws, approvals and permits as required by state and local laws. R. Miami -Dade County Shoreline Review Ordinance Chapter 33D, Article III, Miami -Dade County Code. Lack of knowledge or notice by the Proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, regulations, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20 CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, or RFLI after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, or RFLIs between potential vendors, service providers, Proposers, lobbyists or consultants (among others) and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications, oral communications with the City's Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document. The provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, or RFLI documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, or RFLI, by City Procurement staff. Proposers must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks(a miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer shall render any award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami -Dade County Ethics Commission. Proposers should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section Request for Proposals (RFP) 1471386 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21 CONFIDENTIALITY - As a political subdivision and Florida municipality, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22 CONFLICT OF INTEREST - Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee (or former employee of the City who left City service within the past two (2) years) who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the Proposer's firm. A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within their trust, or perform their duties, to secure a special privilege, benefit, or exemption for itself, or others. Proposer may not disclose or use information not available to members of the general public and gained by reason of their position, except for information relating exclusively to governmental practices, for their personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Proposer who is a person (every officer, official and employee of the city, including every member of any board, commission or agency of the city) as defined in Section 2-611 of the City Code, hereby acknowledges that it has not contracted or transacted any business with the City or any person or agency acting for the City and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Proposer further warrants that they are not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Proposer to immediate termination of any Professional Services Agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Proposers warrant that there has been no violation of any intellectual property, copyright or patent rights in manufacturing, producing, or selling the goods or equipment shipped or ordered and/or services provided as a result of this formal solicitation, and Proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Proposer(s). 1.25 DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, Request for Proposals (RFP) 1471386 and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (i) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (ii) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (iii) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (iv) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (v) Debarment or suspension of the Contractual Party by any federal, state, local, or other governmental (public) agency or entity. (vi) False certification pursuant to paragraph (c) below. (vii) Found in violation of a zoning ordinance for which the violation remains noncompliant. (viii) Found in violation of any city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (ix) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(v). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26 DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not: 1) submit a response fora contract to provide goods or services to a public entity; 2) Submit a response on a contract with a public entity for the construction or repair of a public building or public Request for Proposals (RFP) 1471386 work; 3) Submit response on leases of real property to a public entity; 4) award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5) transact business with any public entity. 1.27 DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer of the default and will provide the contractor with three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28 DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Proposal is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Proposal non -responsive. B. Determination of Responsibility. A Responsible Proposer shall mean a Proposer who has submitted a proposal and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1. Proposals will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, Request for Proposals (RFP) 1471386 personnel resources, and expertise to meet all contractual requirements. 2. The City may consider any information available regarding the fmancial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other governmental entity, in making the award. 3. The City may require the Proposer(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29 DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 180 days from approval by the City Commission. Any discounts offered by a manufacturer to Proposer will be passed on to the City. 1.30 DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the goveming documents. 1) PSA and/or Agreement and/or any Amendments to the PSA and/or Agreement 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31 EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32 ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33 ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not Request for Proposals (RFP) 1471386 obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the most advantageous Proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34 EVALUATION OF RESPONSES A. Rejection of Responses The City may reject a Response for any of the following reasons: 1) Proposer fails to acknowledge receipt of addenda; 2) Proposer misstates or conceals any material fact in the Response; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and 6) Response was not executed by the Proposer's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Response may be rejected. The City may reject and re - advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination from Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is in default on a bid, payment/ performance, bond they have submitted or as the surety bond or certificate furnished has not performed despite demand they do so or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well -established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other governmental entity in making the Request for Proposals (RFP) 1471386 award. 3) The City may require the Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35 EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36 F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37 FIRM PRICES - The Proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38 FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Proposer's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Proposer's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Proposer must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Proposer's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Proposer/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide Request for Proposals (RFP) 1471386 services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Section 18-557 of the City Code for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39 GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40 HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Proposer and reasonable assurances that IIHI/PHI will be held confidential; E Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making intemal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. Request for Proposals (RFP) 1471386 In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45 INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be Request for Proposals (RFP) 1471386 verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416- 1604. The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Proposer. 1.47 INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48 LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the Proposer must bear full liability. 1.50 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Procurement of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51 MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Proposer grants now or in the future to a similarly situated local government. 1.52 NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. Request for Proposals (RFP) 1471386 1.53 NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Proposer's expense. These non- conforming items not delivered as per delivery date in the response and/or Purchase Order may result in Proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54 NONDISCRIMINATION - Successful Bidder shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Bidder shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Bidder shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Bidder affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55 NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful Proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56 NOTICE REGARDING "CURES" - Proposals submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), Invitation to Bid (ITB), Invitation for Bids (IFB), Invitation to Quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. Any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. Only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. Request for Proposals (RFP) 1471386 PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS RFP/Q SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Proposals that fail to meet the minimum qualifications and submission requirements of this RFP/Q. Proposer understands that non -responsive Proposals will not be evaluated and, therefore, will be eliminated from the Evaluation/Selection Process. 1.57 OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 1.58 ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Proposer for any other purposes whatsoever without the written consent of the City. 1.60 PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.61 PERFORMANCE/PAYMENT BOND - A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.62 PREPARATION OF RESPONSES - Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Proposer's risk. A. Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the Response and print in ink or type the name of the Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, where required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Proposer shall include in the response all taxes, insurance, social security, workers' compensation, and any other benefits normally paid by the Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Proposer should retain a copy of all response documents for future reference. Request for Proposals (RFP) 1471386 E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used at all times. Use of any other forms will result in the rejection of the response. ANY REQUIRED ATTACHMENTS PROVIDED BY THE CITY MUST BE RETURNED TO THE CITY OR YOUR RESPONSE SHALL BE DEEMED NON -RESPONSIVE. 1.63 PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.64 PRODUCT SUBSTITUTES - In the event a particular good (that has been awarded and approved) becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.65 CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.66 PROMPT PAYMENT - Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful Proposers during the term of the contract. 1.67 PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. Request for Proposals (RFP) 1471386 1.68 PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.69 PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70 PUBLIC RECORDS - Proposer understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law. Successful Proposer shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Proposer shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Request for Proposals (RFP) 1471386 1.71 QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.72 QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.73 REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74 RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Proposer and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75 RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. Request for Proposals (RFP) 1471386 Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U S mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non - responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group Request for Proposals (RFP) 1471386 should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order Request for Proposals (RFP) 1471386 consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. Costs. All costs accruing from a protest shall be assumed by the protestor. Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16). 1.76 SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.77 SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Proposer shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.78 SERVICE AND WARRANTY - When specified, the Proposer shall define all warranty, service and replacements that will be provided. Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.79 SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental Request for Proposals (RFP) 1471386 specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services are to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the Proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of proposal. 1.80 SUBMISSION AND RECEIPT OF RESPONSES - Electronic Proposal submittals to this RFP are to be submitted through the Periscope S2G Electronic Bidding System f/k/a BidSync ("Periscope") until the date and time as indicated in the Solicitation. The responsibility for submitting a Proposal on/or before the stated closing time and date is solely and strictly the responsibility of the Proposer. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Proposals received and time stamped through Periscope, prior to the Proposal submittal deadline shall be accepted as a timely submittal; anything thereafter will be rejected. Additionally, Periscope will not allow for the electronic Proposal submittal after the closing date and time has lapsed. Proposals will be opened promptly at the time and date specified. 1. Must register, free of charge, with Periscope to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Proposals electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via Periscope. The use of any other forms and/or the modification of City forms will result in the rejection of the Proposer's Proposal submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Proposal. Failure to comply with these requirements may cause the Proposal to be rejected. 5. Must ensure that an authorized agent of the Proposer's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE PROPOSAL NON -RESPONSIVE. 6. May be considered non -responsive if Proposals do not conform to the terms and conditions of this solicitation. 1.81 TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased by the Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Proposer. 1.82 TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. Request for Proposals (RFP) 1471386 1.83 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.84 TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.85 TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE - All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.87 UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the qualified Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.88 USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.89 VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Request for Proposals (RFP) 1471386 2. SPECIAL CONDITIONS 2.1.PURPOSE The purpose of this Solicitation is to establish a contract for Insurance Brokerage Services, as specified herein, from a source, fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2.VOLUNTARY PRE -PROPOSAL CONFERENCE A Voluntary Virtual Pre -Proposal Conference will be held on March 11, 2024, at 11:00 AM, Via Microsoft Teams at Click here to join the meeting (Meeting ID: 272 005 631 966, Passcode: DDXpDp) or via telephone at (786) 598-2961, Conference ID 723 619 794#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the RFQ will be included in an addendum, that will be distributed through Periscope, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre - Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Periscope Portal. All questions must be received no later than March 18, 2024, at 5:OOPM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4.TERM OF CONTRACT The Proposer qualified to provide the service(s) requested herein (the "Successful Proposer") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract shall be for three (3) years with an option to renew for two (2) additional one (1) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5.LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. Request for Proposals (RFP) 1471386 "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in FL. Stat. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please see Attachment A, Section 18-557 of the City Code, attached to this RFP, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.6.PROPOSERS MINIMUM QUALIFICATIONS For a Proposer to be deemed responsive the following minimum qualification requirements cited below shall be satisfied. In determining said responsiveness, each such minimum qualification requirement shall be addressed in detail in the Proposal submittal. Failure to meet each such following minimum qualification requirements and/or failure to provide sufficient detailed documentation concerning the same, shall result in the Proposal being deemed non -responsive. Proposers interested in responding to this Request for Proposals must provide information on the firm's qualifications and experience, qualifications of the project team, and previous similar projects. Additionally, Proposer must: 1. Be an established firm providing Insurance Brokerage Services for a minimum of three (3) consecutive years (as a business with the same Federal Employee Identification Number; not just individual employees), and its owners and/or principals, must have a minimum of three (3) years related experience; 2. Be duly licensed by, and in good standing with the State of Florida, as an Insurance Broker, as of Proposal due date; 3. Have served in the capacity of Insurance Broker for at least three (3) governmental entities within the State of Florida within the past 5 years; 4. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City; 5. Not have a member, principal, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. 2.7.REFERENCES Each proposal MUST be accompanied by a list of three (3) references, using Attachment C, Reference Submittal Form, for projects performed for government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. Request for Proposals (RFP) 1471386 2.8.EXECUTION OF AN AGREEMENT The Successful Proposer, evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the right to execute or not execute, as applicable, a PSA with the Successful Proposer in substantially the same form as the sample PSA included as part of this solicitation. Such PSA will be furnished by the City, will contain certain terms as are in the City's best interest, and will be subject to approval as to legal form by the City Attorney. 2.9.INSURANCE REQUIREMENTS INDEMNIFICATION Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Proposer to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Proposer, or persons employed or utilized by Successful Proposer. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Proposer shall require all subcontractors agreements to include a provision that each subcontractor will indemnify the City in substantially the same language as this Section. The Successful Proposer agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Proposer in which the City participated either through review or concurrence of the Successful Proposer's actions. In reviewing, approving or rejecting any submissions by the Successful Proposer or other acts of the Successful Proposer, the City, in no way, assumes or shares any responsibility or liability of the Successful Proposer or subcontractor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent Request for Proposals (RFP) 1471386 consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Proposer. Note: Insurance Definitions, Conditions and Additional Requirements are provided as Attachment B, attached to this RFP. The Successful Proposer shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured Worker's Compensation Limits of Liability Statutory -State of Florida Request for Proposals (RFP) 1471386 Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Insurance Agents/Brokers Professional Liability E&O Combined Single Limit Each Claim $20,000,000 General Aggregate Limit $20,000,000 Retroactive Date Included V. Umbrella Liability Each Occurrence Policy Aggregate $10,000,000 $10,000,000 Excess Follow Form over all applicable liability policies contained herein City of Miami listed as an additional insured VI. Cyber Liability $5,000,000 Data Breach Information Security & Privacy Insurance with Electronic Media Liability, Media Intellectual Property Liability, Network Security & Privacy Liability, Network Extortion, Social Engineering, Reputation Harm and Krypto jacking in the aggregate for claim costs and damages. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.10.PROJECT MANAGER Upon award, Successful Proposer shall report and work directly with Ann -Marie Sharpe, Director of Risk Management Department, or designee, who shall be designated as the Project Manager for the City. Request for Proposals (RFP) 1471386 2.11.SUBCONTRACTORS OR SUBCONSULTANTS A Sub -Consultant, herein known as a Sub -Contractor is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. A Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any and all liabilities regarding the use of a Sub -Contractor shall be borne solely by the Successful Proposer and insurance for each Sub -Contractors must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub - Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer, the Successful Proposer shall provide a list confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. 2.12.REMOVAL OF EMPLOYEES/SUBCONTRACTORS All employees of the Successful Proposer and Subcontractor(s)'s, if applicable, shall be considered to be, at all times, employees of the Successful Proposer and Subcontractor(s) under its sole direction and not employees or agents of the City. The Successful Proposer and Subcontractor(s) shall supply competent and capable employees. The City may require the Successful Proposer or Subcontractor(s) to remove an employee(s) the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. 2.13.COMPLETE PROJECT REQUIRED These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any item or classes under scope of the several sections shall not relieve Successful Proposer from furnishing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 2.14.UNAUTHORIZED WORK The Successful Proposer shall not begin work until a Purchase Order and/or written Notice to Proceed are received. 2.15.CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, Request for Proposals (RFP) 1471386 no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.16.COMPENSATION Each Proposer shall detail any and all fees and costs to provide the required services as detailed in Section 3, Scope of Services herein, on Attachment D, Price Proposal. The City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service, for which pricing was not previously secured, the City will request that the Successful Proposer provide reasonable cost(s) for same. Should the City determine the pricing to be unreasonable, the City reserves the right to negotiate costs(s) or seek another vendor for the provision of said service(s). The fee proposed by the broker shall take into account all costs to provide the brokerage services identified in this RFP, including any commissions or fees charged by intermediaries (i.e., wholesale brokers) and/or commissions received or to be received by intermediaries for the placement of insurance coverage(s). Any fees and/or commissions taken by the Proposer, broker(s), and/or any intermediaries in the placement of insurance coverage(s) must be disclosed to the City. The amount of annual commission shall reduce the broker's fee by the amount of the commission. For example, if the broker fee is $10.00 and the commission is $1.00, then the net broker fee charged by the broker is reduced by the broker to $9.00. Failure to submit Attachment D, Price Proposal, as required, shall disqualify Proposer from consideration. 2.17.METHOD OF PAYMENT Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made. 2.18.EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued; (2) Receipt of responses; (3) Opening and listing of all responses received; (4) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required; (5) The Auditor Selection Committee ("Committee"), appointed by the City Commission, as prescribed by Florida Statute 218.391, shall meet to evaluate each response in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified herein; (6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded; (7) The Committee reserves the right to rank the proposals and shall make its recommendation to the City Manager requesting the authorization to negotiate. No Proposer(s) shall have any rights against the City arising from such negotiations thereof; Request for Proposals (RFP) 1471386 (8) The City Manager reserves the right to reject the Committee's recommendation to negotiate, and instruct the Committee to re-evaluate and make another recommendation, or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof; (9) If the City Manager accepts the Committee's recommendation to negotiate, Procurement will negotiate a final contract with the Successful Proposer, and submit a recommendation to award a contract (s) to the City Manager; (10) The City Manager shall then submit his or her award recommendation and negotiated contract (s) to the City Commission for approval. Written notice shall be provided to all proposers. If the City Manager accepts the award recommendation, the City Manager's recommendation for award of contract will be posted on the City of Miami Procurement Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (I I) After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's award recommendation and negotiated contract(s); 2. Reject all proposals; 3. Reject all proposals and instruct the City Manager to reissue a solicitation; or 4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three individuals or firms possessing the ability to perform such services and obtain information from said individuals or firms relating to experience, qualifications and the proposed cost or fee for said services, and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer. 2.19.RECORDS During the contract period and for at least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. 2.20.ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.21.TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in - negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. Request for Proposals (RFP) 1471386 2.22.NON-APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer or his/her assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.23.FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Successful Proposer in default of the contract or make appropriate reductions in the contract payment. 2.24.TERMINATION A. FOR DEFAULT If Successful Proposer defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.25.ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a PSA or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Request for Proposals (RFP) 1471386 2.26. LOCAL OFFICE PREFERENCE Proposers wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48, Local Preference, of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal at the time of the Proposal due date the following: • • • Completion and submission of the attached City of Miami Local Office Certification Form; Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; Submission of a City of Miami Business Tax Receipt; Submission of a Miami -Dade County Business Tax Receipt; and Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer. Each Proposer wishing to apply for the local office preference shall detail local office information on Attachment E, City's Local Office Certification. Failure to submit the City's Local Office Certification and relevant information, as required, shall disqualify Proposer from consideration for the local office preference. 2.27. REFERENCE MATERIALS Please find the following information attached to this RFP for informational purposes. 1. Attachment F, City's Schedule of Insurance (7.07.23); 2. Attachment G, City's Flood Schedule, and; 3. Attachment H, City's Master Property (Less Utility) Schedule. 2.28. CURES Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.29. PRIMARY CLIENT (FIRST PRIORITY) The Successful Proposer agrees upon award of the Agreement, that the City shall be its primary client and shall be serviced first during a schedule conflict arising between the Agreement and any other Agreement Successful Proposer may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.30. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the City must comply with Section 287.133(2)(a) of the Florida Statutes, which provides that a person or affiliate who has been Request for Proposals (RFP) 1471386 placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO, as defined by Section 287.017(2) of the Florida Statutes, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 2.31. E-VERIFY EMPLOYMENT VERIFICATION Successful Bidder shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by any Successful Bidder of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Bidder knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Bidder agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp , to verify the employment eligibility of all employees during the term of this Contract. The Successful Bidder shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. Request for Proposals (RFP) 1471386 3.0 SPECIFICATIONS / SCOPE OF WORK 3.1 SCOPE OF COVERAGE PLACEMENT SERVICES The City of Miami ("City") is seeking a qualified and experienced firm ("Successful Proposer") to provide insurance brokerage services to the City's departments, offices, and agencies, and to assist in the management of the City's various insurance and self -insured, with excess when applicable, programs ("Insurance Programs"). Successful Proposer, at a minimum, shall provide the following insurance brokerage services: 3.2 PLACEMENT SERVICES Successful Proposer shall: 1. Function as the City's primary contact with the insurance marketplace by identifying and analyzing viable insurers to meet the insurance needs of the City. 2. Consult with City's Risk Management Department ("Risk") to formulate a marketing strategy that focuses on delivering a cost-effective risk management strategy and structure, based upon current market conditions. This will include thoroughly advising the City of current and anticipated market conditions on the applicable lines of insurance as well as advising on any new and evolving insurance coverages or policies that are available in the marketplace that could apply to the City's operations , enhance current coverage and/or any current gaps in insurance coverage. 3. Suggest alternative risk financing vehicles to reduce the City's cost of risk. 4. As evaluation continues through the review of insurance policies, make detailed notes of where to recommend appropriate or advantageous changes. 5. Address renewals in a timely manner to meet the City's internal time requirements and also maintain coverage. 6. Provide advice to the City on retention for various policies based upon market conditions or other stress factors. 7. Provide to the City, at no additional cost , on an annual basis, copies of computer catastrophe modeling studies to be used in the marketing of the property insurance program. 8. Assist the City in developing and maintaining the underwriting information necessary to market the insurance coverages. Assist the City to aggregate comprehensive underwriting data and criteria for insurance carrier negotiations. 9. Function as City's insurance broker regarding the negotiation of best terms, rates, and conditions of coverage terms, premiums and the placement of coverage with insurers. Evaluate the financial condition of insurers, including their ability to pay claims promptly. Request for Proposals (RFP) 1471386 10. Provide marketing proposal requests from insurers and a Cyber Strategy, no less than 120 and no more than 150 calendar days prior to renewal of individual coverages. Successful Proposer must begin with review of individual in force coverages because this is the ideal juncture to analyze the insured property for trended values for property insurance policies. The foregoing must be thorough and presented effectively in subsequent meeting(s). 11. Meet with the City's Risk Management Department not less than 90 days prior to the renewal to present a marketing report. This report is to provide the City with the following: a. Current program evaluation; marketing timetable; ratings of markets to be approached; b. Broker recommendations and reasons; and anticipated rates and premium; c. The presentation of the risk financing plan and exposures to the appropriate markets; d. A preview of the presentation plan to markets and documents with the City's Project Manager and/or Risk Manager for approval to proceed; e. The names of qualified insurers, and; f. Advise the City on methods of optimizing and developing high -quality relationships with insurers as a trusted client. 12. Meet with Risk Management to review renewal recommendations not less than forty-five (45) calendar days prior to the policy expiration dates. Prepare a matrix of insurance proposals received and also insurance carriers approached whether they provided a proposal or not, to include an evaluation of coverage and exclusions, limits, cost and anything else of significance. Proposer must provide confirmation of adhering to these dates or advise as to exceptions based upon shifting market conditions. Additionally, and at such time, Successful Proposer may offer a portion of their fee at risk built around key deliverables. 13. Review all insurance policies, binders, and invoices received for policies purchased by the City to assure their accuracy. Resolve all errors and coverages issues in such policies, binders and invoices. 14. Provide an annual report summarizing all insurance coverages that are in place in the form of a Schedule of Insurance. 15. Serve as a Claims Advocate on behalf of the City on coverage issues that may arise with any of the insurance carriers. 16. Assist with establishing insurance requirements on City agreements as may be required. 17. Attend meetings relative to insurance matters as may be required. NOTES: • Successful Proposer shall not approach any insurance company on behalf of the City without the express written consent of the City and shall disclose to the City responses from each insurer contacted on its behalf. Request for Proposals (RFP) 1471386 • No coverage shall be placed by Successful Proposer on behalf of the City that allows the Successful Proposer to receive a commission, override or any other compensation paid by insurer, wholesaler, MGA, etc. Prior written notification by the Successful Proposer to the City shall be required before any coverage is placed in any market that would allow a commission or fee to the Successful Proposer. The City will make the final decision on the purchase of the coverage and the disposition of the commission, override or any other compensation paid by insurer, wholesaler, MGA, etc. Should there be any commissions paid, agreed to by the City, Successful Proposer/ broker shall provide the City an accounting and reconciliation of the agreed fee less the agreed commission. That accounting and reconciliation shall take place within thirty (30) days at the end of the annual period. 3_3 POST RENEWAL PLACEMENT ACTIONS Successful Proposer shall: 1. Arrange and coordinate any meetings as required between appropriate insurance underwriters or service providers and Risk for the purpose of providing the City's program for insurance coverage. Review the insurance policies for compliance with the insurer's proposals and the City's specifications and obtain revisions when needed in a timely manner. 2. Verify the accuracy of each binder, premium audit, or adjustment of other documents received from City's insurers and obtain revisions when needed in a timely manner. 3. Prepare certificates of insurance and endorsements as requested by the City. 4. After reviewing, promptly submit originals of the insurance policies and endorsements to the City. 5. Prepare a schedule of City's insurance policies including the name of the insurer, policy number, term, limits, summary of coverages provided, deductibles/retentions, and the estimated annual premium. 6. Assist in ongoing preparation or guidance with regard to insurance requirements as needed by the City, especially as new operational risks arise. 7. Review the insurance policies for compliance with the insurer's proposals and the City's specifications; obtain revisions when needed in a timely manner. 8. Schedule quarterly meetings with the City's Risk Management Director, or designee, to discuss loss control issues, exposure changes and general administrative matters. Request for Proposals (RFP) 1471386 4.0 SUBMISSION REQUIREMENTS 4.1.SUBMISSION REQUIREMENTS Proposals should contain the information itemized below and, in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non- responsive and may not be considered for contract award. The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. However, overly elaborate responses are neither requested nor desired. Proposals must be submitted through Periscope S2G Electronic Bidding System f/k/a BidSync ("Periscope") no later than the date and time indicated within the RFQ, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Proposals must be timely submitted through Periscope, or the Proposal will be disqualified. Untimely or misdelivered submittals will not be considered. NO EXCEPTIONS. The responses to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. • Include the signed, completed RFP Certification Statement and completed Certification Questions • Include in detail evidence that clearly demonstrates Proposer meets or exceeds the minimum qualification requirements, pursuant to Section 2.6, Proposer's Minimum Qualifications. 4.1.1 Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; and Federal Employer Identification Number. 4.1.2 Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 4.1.3 Executive Summary A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the organization, business phone and contact person and a summary of the work to be performed. 4.1.4 Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance a)Describe the Proposer's organizational history and structure and the number of years the Proposer has been in business providing a similar service(s), Request for Proposals (RFP) 1471386 b)Provide a list of all principals, partners, officers, owners and/or directors of Proposer, including joint ventures and/or sub-consultant(s), if applicable. c) Indicate whether the City has previously awarded any contracts to the Proposer. If so, discuss the nature of contract, types of services performed, and the term of the contract. d)Describe the Proposer's organizational history including years in business, current structure, and the current number of employees, and primary client markets served. e) Describe the Proposer's past performance with a focus on Public Entity risks. f) Provide documentation and other detailed information validating that Proposer is duly licensed by, and in good standing with the State of Florida, as an Insurance Broker, as of the Proposal due date; g)Provide documentation and other detailed information proving that Proposer has worked in the capacity of Insurance Broker for at least three (3) governmental entities within the State of Florida. h)Provide a detailed list of three (3) comparable contracts with governmental clients (similar in scope of services to those requested herein), which the Proposer has either ongoing or completed within the past ten (10) years. The description should identify for each project: 1) Client; 2) Description of work; 3) Total dollar value of the contract; 4) Dates covering the term of the contract; 5) Client's contact person and phone number; 6) Statement of whether proposer is/was the prime contractor or subcontractor. If Proposer was the subcontractor, name the prime contractor. 7) Detail Proposer's responsibilities and the results of the project; 8) Was the Scope of Work fulfilled? If so, then describe any highlights of the project. If not, then describe why the Scope of Work was not fulfilled. i) Where possible, list and describe those projects performed for government clients (excluding any work performed for the City of Miami). In the event that the Proposer has not performed three (3) comparable contracts within the past ten (10) years, the Proposer should provide information that demonstrates its ability to perform the required services. j) Provide three (3) client references as set forth in Section 2.7 of this RFP using Attachment C, Reference Submittal Form.. These references can include contracts listed in item h. above. The City reserves the right to verify any such information submitted in this process. Such verification may include, but is not limited to, speaking with client references, reviewing any and all documentation for the same, site visitations, and any and all other independent confirmation of dates as the City may deem necessary, in its sole discretion. Failure to submit Reference Submittal Form, as required, shall disqualify Proposer from consideration. k) Provide information concerning any prior or pending litigation, either civil or criminal, involving a Request for Proposals (RFP) 1471386 governmental agency or which may affect the performance of the services to be rendered herein, in which the Proposer, any of its employees is or has been involved within the last five (5) years. 1) Describe any relevant industry/subject matter expertise, including any experience in the requested services listed herein, and any unique or proprietary project methodologies relevant to the requested services. m) Certify that Proposer has access to insurance markets and can provide all property, casualty and special (such as cyber) insurance required for the City. Identify if Proposer has taken any exception to the terms of this solicitation. If so, indicate what alternative(s) is being offered and the cost implications of the exception(s). n) Provide an organizational chart showing all key personnel, including their titles, to be assigned to this project. All key personnel include all partners, managers, seniors and other professional staff that will perform work and/or services in the project resulting from this solicitation. The chart must clearly identify the Proposer's employees and any subcontractors or sub -consultants. This information shall include the general functions to be performed by key individuals and the subcontractors or sub -consultants. o) Describe the experience, qualifications and other vital information, including number of years of relevant experience on previous similar projects, of all key personnel who will be assigned to this project. p) Provide any other information or documentation for the Proposer's qualifications and experience from which the City of Miami can benefit under this contract. 4.1.5 Proposer's Approach to Providing Services a) Describe Proposer's approach to project organization and management, including the responsibilities of Proposer's key personnel and the key personnel of any subcontractor that will perform work in this project. b) Provide Proposer's Operational Plan that clearly indicates how the Proposer plans to provide the services requested in this Solicitation. The Proposer's operational plan must detail how the Proposer intends to fully satisfy the service requirements outlined within Section 3, Specifications/Scope of Work, of this RFP. c) Provide the names and functions of individuals who will be involved in marketing efforts. d) Describe in detail the Proposer's approach to marketing and how Proposer intends to best represent the City. e) Describe in detail the Proposer's strategy to approach available markets, and how Proposer intends to best represent the City, while making the best use of the City's resources. f) Describe how Proposer has applied the proposed project approach in comparable contracts to make recommendations to improve programs and describe the net effect of those recommendations. Request for Proposals (RFP) 1471386 g) Provide a list, in order of preference, of the insurance carriers that Proposer can access and would prefer to utilize for placement of coverages on behalf of the City. h) Disclose to the City any markets or underwriters that the Proposer is unable to directly access amongst those currently participating in the City's program. Please see Attachment E, City'sSchedule of Insurance. i) Identify how Proposer shall access the market and list all insurance carriers with whom the Proposer is affiliated, including all intermediaries and/or wholesalers. j) Describe the Proposer's plan to obtain the most cost-effective Insurance Program to meet the needs of the City. 4.1.6 Proposed Price The Proposer shall state its price for providing all services described within this Solicitation. Proposer shall submit pricing stated as a flat, fixed fee per year, which shall include all Proposer compensation necessary for the requested services. The Proposer must use Attachment D, Price Proposal, in its current form and format. Edits, additions, alternative pricing structures, etc. to Attachment D will be deemed non -responsive and will not be considered for contract award. Likewise, the use of any other forms and/or modification of City forms will result in the rejection of the Proposer's proposal submittal. Request for Proposals (RFP) 1471386 5.0 EVALUATION CRITERIA Each proposal will be reviewed to determine whether or not it is responsive to the submission requirements outlined in this solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has appropriate signatures as applicable. Failure to comply with these requirements may result in the proposals being deemed non -responsive. Proposals will be evaluated by an Evaluation Selection Committee ("Committee") which will evaluate and rank proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum of one hundred (100) points per Committee member. Below are the criteria and weight: Technical Criteria and Points Proposer and Proposer's Key Personnel, Qualifications, Experience, and Past Performance Proposer's approach to providing the services requested in this solicitation Local Preference (5% of Technical Criteria = four (4) points) Price Criteria and Points Proposer's proposed price Maximum Points Available: (40 points) (40 points) (4 points) (20 points) 104 points