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Res No 047-20-15487RESOLUTION NO. 047-20-15487 A Resolution authorizing the City Manager to negotiate and execute a multi- year contract with Brown & Brown Insurance for Insurance Brokerage Services. WHEREAS, the City published a Request for Qualifications No. HR2020-05 (7RFQI and received responses from three (3) Brokerage firms, one of which was Brown & Brown of Florida ("Brown & Brown`s; and WHEREAS, The City's Selection Committee ("Committee`s determined that Brown & Brown is the most qualified respondent proposing to provide all of the requested services in the most efficient manner; and WHEREAS, the City desires to retain Brown & Brown to perform the required services based on the recommendations of the Committee who reviewed and evaluated the responses from the three Brokerage firms that submitted their qualifications in response to the RFQ and on Brown & Brown's warranty that it is qualified and capable of performing said services in a professional and timely manner and in accordance with the City's goals and requirements as set forth in the RFQ. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2., The City Manager is hereby authorized to negotiate and execute a multi -year contract with Brown and Brown Insurance for Insurance Brokerage Services. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 1911 day of May 2020. Pagel of 2 Res. No. 047-20-15487 ATTEST: APPROVED: J %r //-:,4zL CITY CLERK 'MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5-0 LANGUAGE, LEGALITY AND Mayor Philips: Yea EXECUTION THEREOF Vice Mayor Welsh: Yea Commissioner Harris: Commissioner Liebman: Yea yea Commissioner Gil: Yea CITY ATTORNEY Page 2 of 2 Agenda Item No:3. City Commission Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Samantha Fraga-Lopez Submitting Department: Human Resources Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance for Insurance Brokerage Services. 3/5 (City Manager - Human Resources) Suggested Action: Attachments: Memo Insurance Brokerage Services Award Recommendation 5.1.20.docx Reso re contact Brown&Brown InsBrokerServicesCArev.docx Brown & Brown Insurance - COSM-RFQ_HR2020-05.pdf Joanne Cineas Final Eval Score Sheet.pdf Maria Virguez Eval Score Sheet.pdf Samantha Fraga-Lopez Scoring Eval Sheet FINAL RFQ INSURANCE BROKERAGE SERVICES 2.19.2020CArev.pdf SUN BIZ BROWN & BROWN.pdf Miami Daily Business Review- RFP #HR2020-05Insurance Brokerage Services.pdf DEMAND STAR INSURANCE BROKERAGE SERVICES.pdf MDBR Ad.pdf Miami Herald Ad.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER T1If CM OF PUASA.r i n nc INTER -OFFICE MEMORANDUM TO: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: May 19, 2020 SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance for Insurance Brokerage Services. BACKGROUND: The City issued a Request for Qualifications for "Insurance Brokerage Services" (HR2020-05) for City's Employee Insurance Benefit Plans. The City of South Miami has approximately 150 full time employees and retirees participating in the Insurance Benefit Plans. The City's plan year is October I ` through September 30'' The Insurance Benefit Plans include the following, but is not limited to: • Health/Medical Insurance • Dental Insurance • Life Insurance • Long Term Disability • Short Term Disability • Group Life Insurance and Accidental Death & Dismemberment Insurance • Insurance Supplements • Vision The contract term is for three (3) years with one (1) two (2) year option to renew for a total term of five (5) consecutive years. Three proposals were received: • Brown & Brown (Incumbent) • HR Benefits • Larocca & Associates, Inc. A Virtual Selection Committee meeting was scheduled on May I, 2020. The Selection Committee was comprised of Maria Virguez, Chief Administrative Officer; Joanne Cineas, Payroll and Benefits Administrator; and Samantha Fraga-Lopez, Personnel Manager who reviewed and scored the proposal in accordance with the Evaluation and Selection procedures addressed in RFQ. The combined Final Rankings are below: 04 South eMiami TI IC (IT) OF PLC:%SA%T 11%ING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Brown & HR Larocca & Evaluator Brown Benefits Assoc. Maria Virguez 100 80 85 Joanne Cineas 90 77 80 Samantha Fraga- Lopez 100 80 85 TOTAL 290 237 250 Brown and Brown has extensive experience with several municipalities and is well versed in employee benefits and the needs of the City. FUNDING RESTRICTIONS: There are no reporting funding restrictions on the use of the funds, other than amounts will be approved in the annual fiscal year budgets. ATTACHMENTS: Resolution Proposal, Brown & Brown Insurance Selection Committee Score Sheets RFQ, insurance Brokerage Services Sun Biz Registration Daily Business Review Advertisement Demand Star Results 3 BROKER SERVICES AGREEMENT THIS BROKER SERVICES AGREEMENT (this "Agreement', effective October 1, 2020 (the "Effective Date"), is made by and between CTY OF SOUTH MIAMI ("City"), and the Fort Lauderdale office of BROWN & BROWN OF FLORIDA, INC. ("Broken'). Background City wishes to retain Broker to perform certain specified insurance services as described in this Agreement. Broker wishes to perform such services according to the terms and conditions in this Agreement for the compensation set forth in this Agreement. The parties agree as follows: 1. Tenn. The term of this Agreement shall commence on the Effective Date and continue for a period of three (3) years, with the option to renew for two (2) additional one (1) year periods, unless sooner terminated as herein provided. 2. Relationship of Parties. Broker is an Independent contractor and nothing in this Agreement is Intended nor shall be construed to create an employer/employee relationship, a joint venture relationship or partnership relationship. in consideration of the compensation paid to the Broker by the City, Broker will provide services to the City as an insurance broker. City acknowledges that Broker, or its parent company, Brown & Brown, Inc. ("Parent"), and related or affiliated companies (collectively with Parent, "B&B Affiliates"), may provide services as an insurance agent on behalf of certain insurance carriers or risk -bearing entities. City expressly consents to such relationship, if applicable, in the rendition of services by Broker under this Agreement. 3. Broker Services. Broker, subject to the terms of this Agreement, shall provide certain services set forth in the attached Schedule A (the `Services"), but only in relation to the lines of insurance identified in Schedule A ("Lines of Insurance"). Nothing In this Agreement shall be construed to impose any obligations on Broker or limitations on Broker's compensation, relative to any lines of Insurance or coverages other than as specifically delineated in Schedule A. 4. City Responsibilities. In consideration of the Services provided by Broker, City agrees as follows: (a) City shall cooperate fully with Broker and the insurance companies with whom Broker solicits in the performance of Broker's obligations under this Agreement. (b) City shall timely produce and complete accurate information including, but not limited to, current financial information, statements of values, loss information and any other information, necessary for the effectuation of insurance coverage at the request of Broker. City further agrees to provide Broker with notice of any material changes in City's business operations, risk exposures or in any other material information provided under this Agreement. In addition, City shall carefully read each insurance policy issued to City in order to confirm the accuracy of the facts reflected therein and that the policy(ies) contain(s) the terms and coverages desired. City is responsible for recommending any changes to insurance policies issued to City. (b) This Agreement shall in no way obligate City to procure any insurance or to use Broker for any insurance it wishes to procure. If, however, City nonetheless chooses to procure its insurance through Broker: (c) City shall timely pay all premiums and fees. (d) City shall provide Broker with at least ninety (90) days notice in advance of any policy effective date in the event City intends to allow competing agents or brokers to solicit or market insurance to City. 5. Compensation. In consideration of the Services, City shall compensate Broker as set forth in Schedule_ B (the "Broker Services Fee"). With regard to the Broker Services Fee, City and Broker acknowledge and agree as follows: (a) The Broker Services Fee is not a part of, but rather is in addition to, any premium that may be paid by the City for the Lines of Insurance and any commission that may be received by Broker from an insurance company for the Lines of Insurance. (b) It is understood and agreed that Broker, or B&B Affiliates, may receive contingent Page 1 of 9 payments or allowances from insurers based on factors which are not client -specific, such as the performance and/or size of an overall book of business produced with an insurer. Such contingent payments or allowances are not subject to this Agreement, and will not be credited against the balance of the Broker Services Fee owed to Broker pursuant to this Agreement or paid to City. (c) Broker may utilize insurance intermediaries (such as a wholesale insurance broker, managing general agent (MGA), managing general underwriter or reinsurance broker) for the placement of City's insurance. In addition to providing access to the insurance company, the intermediary may provide the following services: (i) risk placement; (ii) coverage review; (III) claims liaison services with the insurance company; (iv) policy review; and (v) current market intelligence. The compensation received by the insurance intermediary for placements and, if applicable, the services above is typically in the range of 5% to 15% of policy premium. There may be an intermediary utilized in the placement of your insurance, which may or may not be a B&B Affiliate. Any payments or allowances paid to the intermediary are not subject to this Agreement, and will not be credited against the balance of the fee owed to Broker pursuant to this Agreement or paid to City. (d) If City chooses to finance its premiums, Broker may assist City in the arrangement of such financing. Any payments or allowances paid to Broker for arranging premium financing are not subject to this section, and will not be credited against the balance of the fee owed to Broker pursuant to this Agreement or paid to City. (e) Broker may, in the ordinary course of its business, receive and retain interest on premiums paid by the City from the date received by Broker until the date the premiums are remitted to the insurance company or Intermediary. Any interest income retained by Broker on these premiums are not subject to this section, and will not be credited against the balance of the fee owed to Broker pursuant to this Agreement or paid to City. (f) Compensation for the Services specified under this Agreement is exclusive of all federal, state and local sales, use, excise, receipts, gross income and other similar taxes and governmental charges and fees. Any such taxes, charges or fees for the Services under this Agreement, now imposed or hereafter imposed during the term of this Agreement, shall be in addition to the compensation, premiums and charges set forth in this Agreement and shall be paid by City upon request. (g) City acknowledges and agrees that the Broker Services Fee is reasonable in relation to the Services to be provided by Broker hereunder. 6. Confidentiality. To the extent consistent with performances of Broker's duties under this Agreement, Broker and City agree to hold in confidence Confidential Information (defined below). City acknowledges, however, that Broker will disclose Confidential Information as reasonably required in the ordinary course of performing the Services to insurance companies and other insurance intermediaries. "Confidential Information" means all nonpublic information and all documents and other tangible items (whether recorded information, on paper, in computer readable format or otherwise) relating to the disclosing party's business (including without limitation business plans, manner of doing business, business results or prospects), proposals, recommendations, marketing plans, reports, any of which (i) at the time in question is either protectable as a trade secret or is otherwise of a confidential nature (and is known or should reasonably be known by receiving party as being of a confidential nature) and (ii) has been made known to or is otherwise learned by receiving party as a result of the relationship under this Agreement. Confidential Information should be protected with the same reasonable care as each party protects its own Confidential Information. Confidential information will not include any information, documents or tangible items which () are a matter of general public knowledge or which subsequently becomes publicly available (except to the extent such public availability is the result of a breach of this Agreement), (ii) were previously in possession of receiving party as evidenced by receiving party's existing written records, or (III) are hereafter received by receiving party on a non -confidential basis from another source who is not, to receiving party's knowledge, bound by confidential or fiduciary obligations to disclosing party or otherwise prohibited from transmitting the same to receiving party. In the event that Broker or City become legally compelled to disclose any of the Confidential Information, they shall provide the other party with prompt notice so that such party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. In the event that such protective order or other remedy is not obtained, or that the other party waives compliance with the provisions of the Agreement, such party may disclose such information as is necessary or advisable to comply with the legal process. Broker must comply with attached Schedule C and D. 7. Termination. Page 2 of 9 (a) Either party may terminate this Agreement, without cause and for any reason whatsoever, by giving written notice of termination to the other party at least ninety (90) days prior to the effective date of termination, which shall be specified in such written notice. (b) Notwithstanding the provisions in sub -paragraph (a) above, City may terminate this Agreement upon the happening of any one of the following causes: (i) Suspension or termination of Broker's insurance license in the State of Florida if not cured by Broker within sixty (60) days following such suspension or termination; (ii) Broker's participation in any fraud; or (iii) Broker's material failure to properly perform its duties and responsibilities hereunder because of Broker's gross neglect, proven dishonesty, or commission of a felony. (c) Notwithstanding the provisions in sub -paragraph (a) above, Broker may terminate this Agreement upon the happening of any one of the following causes: (i) City's failure to pay any Broker Services Fee more than five (5) days after such payment is due; (ii) City's participation in any fraud; or (iii) City's material failure to properly perform its duties and responsibilities hereunder because of City's gross neglect, proven dishonesty, or commission of a felony. Termination for any cause enumerated in sub- paragraphs (b) or (c) shall become effective upon the delivery of written notice of termination to the breaching party or at such later time as may be specified in the written notice. (d) Termination of this Agreement shall not release City from any accrued obligation to pay any sum to Broker (whether then or thereafter payable) or operate to discharge any liability incurred prior to the termination date. 8. Notices. Any notices required or permitted to be given under this Agreement shall be sufficient if in writing by Certified Mail to: If to City: City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn: Samantha Fraga-Lopez Email: sfraga-lopez .southmiamifl.gov If to Broker: Brown & Brown of Florida, Inc. 1201 W. Cypress Creek Road, Suite 130 Fort Lauderdale, FL 33309 Attn: Mike Gorham Email: maorhamAbbftlaud.com With copy to: Brown & Brown, Inc. 220 S. Ridgewood Avenue Daytona Beach, FL 32114 Attn: General Counsel or such other address as either shall give to the other in writing for this purpose. 9. Severability. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other provision. 10. Florida Law Applies; Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to its conflicts of laws principles. Exclusive venue is agreed to be in a state or federal court of competent jurisdiction in or for Miami -Dade County, Florida. 11. Limitation of Liability; Waiver of Jury Trial. THE PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 12. Assignment. Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties hereto (whether by operation of law or otherwise) without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. This Agreement will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and permitted assigns. 13. Entire Agreement This Agreement (including the schedules, documents and instruments referred to herein or attached hereto) constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. The Page 3 of 9 Agreement shall not be modified except by a written Agreement and signed on behalf of City and Broker by agreement dated subsequent to the date of this their respective duly authorized representatives. Remainder of page intentionally left blank — signature page follows. Page 4 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY: City of South Miami By:2k- 1. ( . Name. � v-�u +mot, Y—�� � Title: CC'�` N. nga A. P ne, CMC City Clerk DROVED AS TO FORM, LANGUAGE, LEGALITY ] EXECUTION THEREOF: JJJ -7 41�211 X�2-4� Thomas Pepe City Attorney BROKER: Brown & Brown of Florida, Inc. Page 5 of 9 SCHEDULE A BROKER SERVICES Subject to the terms of this Broker Services Agreement, Broker shall provide the Services listed below, but only in relation to the following Lines of Insurance: (a) Medical; (b) Dental; (c) Vision; (d) Pharmacy; (e) Group/LTD/STD/Life Services are as follows: a. Evaluate City's business practices with regard to risk and possible transfer of risk to third parties and conduct regular, scheduled meetings with City to review City's risk management program. b. Review and analyze City's existing insurance coverage and identifjr potential lines of coverage or coverage enhancements to improve City's insurance program. C. Analyze current insurance market conditions and advise City of significant implications for City's Insurance program. d. Facilitate, market, and procure quotations from carriers; review and analyze quotations and provide proposals for review by City. e. Secure and bind all coverage accepted by City. f. Coordinate loss prevention services provided by any insurance City with those services provided by Broker. g. Analyze past and current claim and loss history information and advise City of significant implications for City's insurance program. h. Develop SPDNVrap/and all compliance documents I. Coordinate Health Fairs and Health Campaigns Page 6 of 9 SCHEDULE 8 COMPENSATION Broker Services Fee: In consideration of the Services, City shall compensate Broker In the amount of TWENTY-FIVE THOUSAND DOLLARS AND 001100 ($25,000.00) ANUALLY (the "Broker Services Fee'. The Broker Services Fee shall be paid in equal monthly installments each year during the term. The Broker Services Fee is not a part of, but rather is in addition to, any premium that may be paid by the City any commission that may be received by Broker from an insurance Company for the Lines of Voluntary Insurance. Insurer Commissions: City acknowledges and understands that Broker may receive compensation from the selling Insurer, the amount of which may vary depending on the insurer. If City purchases insurance from an insurer that has agreed to pay Broker a commission, the amount of the commission will be calculated as a percentage of premium ranging from 1 to 15% and/or per carrier terms. City understands that it may request from Broker specific information on commissions to be received from specific insurers from which insurance quote are obtained for the City. Page 7 of 9 SCHEDULE C Confidential and Proprietary Information. Broker may assert that some trade secrets, financial records, and proprietary or other confidential information that is disclosed to CITY are confidential information that it claims to be exempt from disclosure under applicable Florida public records laws. The Broker, in submitting materials claimed to be confidential, shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information and print on said document in all capital letters and bold font the words "CONFIDENTIAL MATERIAL". If a document is not totally confidential but contains non -confidential and confidential information, the Broker shall mark it as "CONFIDENTIAL MATERIAL" and provide a redacted copy of the document and an unredacted copy. In addition, the Broker shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Broker shall cite the statutory provision that provides the basis for the Broker's claim that the document or a portion of the document is confidential under Florida law and below the citation the Broker shall type, print or copy and paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential shall result- in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents that had been previously marked "CONFIDENTIAL MATERIAL" and properly listed, the City will advise the Broker and afford the Broker an opportunity to protect its assertion that said confidential information is exempt from production under Florida public records law. If Broker fails to immediately authorize the production of the information or document and fails to seek a protective order within 24 hours of receipt of City notification of the public record request (Timely Action), or is unsuccessful in obtaining a protective order, the City may produce the requested information or document. The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Broker shall indemnify the City for any damages and costs the City may incur due to the Broker's claim that its document or information is confidential. The City can only agree to advise the Broker of such request and give the Broker an opportunity, at Broker's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. Page 8 of 9 ATTACHMENT D Public Records Broker and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and Broker, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if Broker does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of Broker or keep and maintain public records required by the public agency to perform the service. If Broker transfers all public records to the public agency upon completion of the Contract, Broker shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Broker keeps and maintains public records upon completion of the Contract, Broker shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BROKER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: nuavnenasouthmiamifl.eov: 6130 Sunset Drive, South Miami, FL .33143 Page 9 of 9 Agenda Rem No:3. City Commission Agenda Item Report Meeting Date: May 19, 2020 Submitted by: Samantha Fraga-Lopez Submitting Department: Human Resources Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance for Insurance Brokerage Services. 3/5 (City Manager- Human Resources) Suggested Action: Attachments: Memo Insurance Brokerage Services Award Recommendation 5.1.20.docx Reso re contact Brown&Brown Ins BrokerServicesCArev.d Ocx Brown & Brown Insurance - COSM-RFQ.HR2020-05.pdf Joanne Cineas Final Eval Score Sheet.pdf Maria Virguez Eva[ Score Sheet.pdf Samantha Fraga-Lopez Scoring Eval Sheet FINAL RFQ INSURANCE BROKERAGE SERVICES 2.19.2020CArev.pdf SUN BIZ BROWN & BROWN.pdf Miami Daily Business Review - RFP #HR2020-05 Insurance Brokerage Services.pdf DEMAND STAR INSURANCE BROKERAGE SERVICES.pdf MDBR Ad.pdf Miami Herald Ad.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER T1 m aTN or PLEASANT uwnc-. INTER -OFFICE MEMORANDUM TO: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: May 19, 2020 SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance for Insurance Brokerage Services. BACKGROUND: The City issued a Request for Qualifications for "Insurance Brokerage Services" (HR2020-05) for City's Employee Insurance Benefit Plans. The City of South Miami has approximately 150 full time employees and retirees participating in the Insurance Benefit Plans. The City's plan year is October I" through September 30' The Insurance Benefit Plans include the following, but is not limited to: • Health/Medical Insurance • Dental Insurance • Life Insurance • Long Term Disability • Short Term Disability • Group Life Insurance and Accidental Death & Dismemberment Insurance • Insurance Supplements • Vision The contract term is for three (3) years with one (1) two (2) year option to renew for a total term of five (5) consecutive years. Three proposals were received: • Brown & Brown (Incumbent) • HR Benefits • Larocca & Associates, Inc. A Virtual Selection Committee meeting was scheduled on May I, 2020. The Selection Committee was comprised of Maria Virguez, Chief Administrative Officer; Joanne Cineas, Payroll and Benefits Administrator; and Samantha Fraga-Lopez, Personnel Manager who reviewed and scored the proposal in accordance with the Evaluation and Selection procedures addressed in RFQ. The combined Final Rankings are below: 2 Southkiami TI IC 1111 OI P, [ N,N'; L1% N( CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Brown & HR Larocca & Evaluator Brown Benefits Assoc. Maria Virguez 100 80 85 Joanne Cineas 90 77 80 Samantha Fraga- Lopez 100 80 85 TOTAL 290 237 250 Brown and Brown has extensive experience with several municipalities and is well versed in employee benefits and the needs of the City. FUNDING RESTRICTIONS: There are no reporting funding restrictions on the use of the funds, other than amounts will be approved in the annual fiscal year budgets. ATTACHMENTS: Resolution Proposal, Brown & Brown Insurance Selection Committee Score Sheets RFQ, insurance Brokerage Services Sun Biz Registration Daily Business Review Advertisement Demand Star Results 3 F, Brown & Brown INSURANCE' Response to: REQUEST FOR QUALIFICATIONS FOR "INSURANCE BROKERAGE SERVICES" RFQ #HR2020-05 South(eMiami Presented By: Brown & Brown of Florida, Inc. 1201 W Cypress Creek Road, Suite 130 Fort Lauderdale, Florida 33309 954-331-1476 Samantha Graveline, GBDS Senior Vice President - Employee Benefits Division April 8, 2020 9 TABLE OF CONTENTS COVER LETTER & EXECUTIVE SUMMARY ......................................................SECTION C PAGE 5 FIRMOVERVIEW......................................................................................SECTION D PAGE 10 PERSONNEL AND REFERENCES....................................................................SECTION E PAGE 12 RESPONDENT QUALIFICATION STATEMENT .................................................SECTION F PAGE 14 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS ................SECTION G PAGE 17 NON COLLUSION AFFIDAVIT....................................................................SECTION H PAGE 18 PUBLIC ENTITY CRIMES & CONFLICTS OF INTEREST.........................................SECTION I PAGE 20 DRUG FREE WORKPLACE...........................................................................SECTION J PAGE 22 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS .............SECTION K PAGE 23 AFFIDAVIT CONCERNING STATE & FEDERAL VENDOR LISTINGS .....................SECTION L PAGE 24 RELATED PARTY TRANSACTION VERIFICATION FORM.................................SECTION M PAGE 25 PRESENTATION TEAM DECLARATION PAGE/AFFIDAVIT OF REPRESENTATION .... SECTION N PAGE 27 OTHER RELEVANT EXPERIENCE..................................................................SECTION O PAGE 28 7 Brown & Brown INSURANCE' FORT LAUDERDALE April 6, 2020 City of South Miami Steven Alexander, City Manager 6130 Sunset Drive South Miami, Florida 33143 Re: RFQ# HR2020-05 Insurance Brokerage Services Dear Mr. Alexander; Brown & Brown, Inc- Ft. Lauderdale Division 1201 W. Cypress Creek Road, Suite 130 Fort Lauderdale, FL 33309 P: (954) 776-2222 1 F: (954) 776-4446 bbftlaud.com City of South Miami Proposal Number 2020 — 05 Insurance Brokerage Services We are pleased to submit our response for RFQ# HR2020-05: Insurance Brokerage Services. Our goal, through this response, is to distinguish Brown & Brown of Florida, Inc. as a peerless and exceptional provider of full - spectrum employee benefits consulting and the subsequent fulfillment of strategic benefits, services, and compliance action plans designed specifically for the City of South Miami. We will illustrate our complete commitment and proven proficiency in exceeding your expectations while expanding those expectations to create new standards not previously explored. Partnering with a quality organization such as Brown & Brown of Florida, Inc. will ensure that you have procured the best value and service for the City of South Miami and its employees. We are a full -service insurance and employee benefits brokerage firm. We are the largest insurance brokerage firm in the state of Florida and the 5th largest broker nationwide. Our organization has been consistently selected to provide brokerage and consulting services to both private and public entities in the areas of risk management, employee benefit programs and general Insurance. UNDERSTANDING THE NEEDS OF CITY OF SOUTH MIAMI It is our Intent to demonstrate our firm's readiness and competency to provide the requested services as outlined in this RFQ response. Brown & Brown's guiding philosophy is and always will be to exceed our clients' expectations whilst maintaining high professional and ethical standards. Every effort was made to concisely provide all requested Information, all required completed forms and succinctly illustrate our understanding of the required scope of services as well as other services provided by or recommended by Brown & Brown of Florida, Inc. We pride ourselves on the service we provide to our clients since there are many pieces to the employee benefits puzzle that must be proactively managed. We will consult and make recommendations throughout our partnership to continue to monitor claims, reduce cost and strive for increased employee satisfaction with the Employee Benefit Program. We will also utilize our ERISA attorney to certify the plan document is in full compliance. EXPERIENCE, EXPERTISE, AND MARKET LEVERAGE listed as the 5th largest independent insurance Intermediary in the United States and 7th largest in the World by Business Insurance Magazine, Brown & Brown has over 300 offices nationwide with 46 offices located In Florida. While some smaller agencies will struggle to stay afloat In the post -Healthcare Reform era, Brown & Brown will continue to provide its clients with cost effective employee benefits programs, as a result of our national relationships with all major healthcare markets. Furthermore, Brown & Brown is the largest provider of Insurance and related services in Florida. Our firm writes three times the amount of premium as the second largest broker; consequently our negotiating capability with insurance carriers doing business in Florida Is unsurpassed. Our primary goal is to improve or maintain the same level of benefit offerings for clients while at the same time keeping costs manageable. This is done with promoting health and wellness, providing employee Incentives to improve the health of covered individuals, and analyzing all costs associated with healthcare contracts. In addition, the growing complexity of Healthcare Reform and State Mandate Compliance has made It necessary for entities to become increasingly dependent on brokers in order to remain compliant with all the requirements. Our suocess is accomplished by using a beam approach of experienced insurance professionals who will work daily to ensure that all needs are dealt with effectively and efficiently. In addition, we provide the following services to our clients: BENEFIT PLAN AND FINANCIAL MANAGEMENT Brown & Brown of Florida, Inc.'s Consulting Team evaluates the impact of plan design and pricing changes, projecting annual and multi -year cost trends, and tracks results against the budget Our knowledge helps us determine if carriers are providing the right assumptions for renewing medical, pharmacy, dental, vision, life, and disability programs. Our experience Is also helpful for identifying major cost drivers and validating the impact of new healthcare innovations. We evaluate if an alternate funding arrangement is right for your population and benefit program. We provide a comprehensive approach to all aspects of plan management through claims analysis, behavioral management through plan customization and wellness initiatives Involving employee communications, wellness fairs and additional wellness campaigns. COMPLIANCE & REGULATORY SERVICES Employee Benefit programs, law and regulations are highly regulated on national and local levels. Brown & Brown of Florida, Ines Consulting Team is dedicated to keeping clients Informed about emerging legislation and regulatory changes, reviewing plan documents, bringing programs into compliance, and filing necessary forms to see that our clients are kept up to date and informed. HEALTH BENEFITS COMMUNICATION The Importance of getting employees to value the significant investment you make in benefit programs has never been higher. Employers are actively engaging employees to become better educated in understanding and managing their health risks, choosing the best providers, participating In care management programs, and managing their current and post -retirement benefit decisions. Brown & Brown of Florida, Inc. has the resources and expertise to enable our clients to achieve their objectives. We collaborate with our clients to customize a program that addresses their specific requirements. ADMINISTRATION Plan administration is not a core competency that most employers have. Nor do they necessarily want It. In lean economic times they want access to the most efficient way of enrolling employees, reporting eligibility to carriers, managing employee life event changes and ensuring that carriers are paid the correct amount. Timeliness and accuracy are critical to ensuring that claims are paid correctly and only for participants who are truly eligible for the plan. Brown & Brown provides innovative solutions tailored for organizations that have more complexity. ACCOUNT MANAGEMENT SERVICES Dedicated and experienced HR professionals ensure that all benefit plan and eligibility issues are consistently addressed quickly and expertly. Brown & Brown of Florida, Inc. utilizes a team approach of professionals that provide services that include but are not limited to: • Tri-lingual support for both English, Spanish and Creole speaking employees. • Employee advocate/escalation point of contact with insurance providers for eligibility, generation of ID cards, enrollment and claim status. • Coverage - provide the employee or dependent Information on what the plan covers. • Rates - provide the employee or dependent with the cost of coverage. • Enrollment - identify in which plan(s) the employee or dependent is enrolled. • Claims - provide claim resolution and assistance on day to day issues-HIPPA Compliant. RFQ PRICING Brown & Brown of Florida, Inc. agrees to provide the above services on a fee basis of $25,000 per year, paid in 12 equal monthly installments in accordance with all contents of the scope of services in Exhibit 1. Additional items may be negotiated outside of the scope of services noted above if necessary. 0 ACKNOWLEDGEMENTS We acknowledge that should we be selected to continue to work with the City of South Miami we commit ourselves to exceptionally execute the action items listed under the scope of services. We warrant and represent that, at all times during the term of the Agreement, we shall maintain in good standing all required licenses, certifications, and permits required under federal, state, and local laws necessary to perform the services. We sincerely thank you for the opportunity to respond to your RFQ and look forward to continuing our relationship with the City of South Miami. We are 100% confident that a continued partnership with Brown & Brown will yield continued cost savings and employee satisfaction with the Employee Benefit Program. Please feel free to contact us should you need further clarification of our proposal. Sincerely, Michael Gorhat Executive Vice President Brown & Brown of Florida, Inc. 1201 W. Cypress Creek Road, Suite 130 Fort Lauderdale, FL 33309 Samantha Graveline, GBDS Senior Vice President Brown & Brown of Florida, Inc. 1201 W. Cypress Creek Road, Suite 130 Fort Lauderdale, FL 33309 Me Section C SCOPE OF SERVICES EXHIBIT 1 11 Section C.1 Brown & Brown, Inc was formed in 1939 and incorporated in the State of Florida in 1947. Since then, the company has grown to be the 5th largest insurance intermediary in the nation. The Brown & Brown, Inc. business model is highly decentralized, making each of the more than 240 offices across the country able to maintain the agility to react locally to client specific and industry specific needs. Augmenting this local service level are national resources and clout with national carriers to provide unique services and leverage in the Benefit and Property and Casualty markets. Brown & Brown has 11,400 employees across the country and 3,800 employees dedicated to Employee Benefits. We are headquartered in Daytona Beach, Florida and your account will be locally serviced out of the Fort Lauderdale, Florida location. Brown & Brown, Inc. is a publicly traded corporation on the New York Stock Exchange (symbol: BRO). Our Fort Lauderdale office has over 140 industry professionals with a wide range of backgrounds ready to service our customers. Brown & Brown, Inc. is a full -service insurance and employee benefits firm. Our company provides brokerage and consulti ng services to both private and public sector entities in the areas of risk management, employee benefit programs, wealth management and general insurance. We currently serve clients of all sizes, funding arrangements and sectors. Our primary goal is to improve or maintain the current level of offerings in concert with keeping costs manageable to our clients. In today's market place this is an exigent undertaking, as insurance costs continue to rise. Through detailed analysis we are able to determine the appropriate needs and offer viable solutions for all insurance products. This includes updating our customers on local and federal government action that will impact insurance costs. Most importantly, we maintain the ability to interact with existing professional agreements and organizations, at the clients direction, to ensure further program enhancement Our focus is clearly to serve our client in a most professional and competent manner through the delivery of value-added services. Insurance Marketing and Placement Services Our marketing process and philosophy is somewhat unique. Our strategy can be summated as: Do business wide as many insurance markets as possible. Do not simply offer renewal and accept pricing from the same company year after year and limit our dlents' options — be sure that we are getting the most comprehensive program and competitive pnang for our dfents every year. We believe that a consultant's job is to utilize market forces and competition in the marketplace to be sure Brown & Brown brings the most competitive Insurance placements to our clients every year. This concept also underlines one of our core business principles: Always do what is best for the client. We have learned how to keep the market interest while conducting a competitive process In a professional manner. When it is time to put the employee benefits coverages out to bid, Brown & Brown will manage the RFP process from beginni,ig to end. Before releasing the RFP to the market, we will review the specifications with the City's staff to ensure all goals are addressed. We will then send it to all available markets for the various coverages ensuring compliance with section 112.08 Florida Statutes and the City's procurement procedures. Once the proposals are received, Brown & Brown will analyze and compare them to the In -force coverages and illustrate the advantages and disadvantages of each proposal in a marketing presentation to be reviewed the City's staff. The presentation will Include: AM Best ratings of carriers, a market summary showing all carriers that responded to the RFP, Medical, Dental, Vision, Group Life and AD&D, Disability plan options, Voluntary Plan Options: Life/AD&D, Accident and Hospital, Critical Care, Cancer Insurance, as well as Employee Assistance Programs, Flexible Spending Accounts, Dependent Care Spending Accounts, and Health Savings Account, all highlighted on easy -to -understand spreadsheets. We will also provide a network analysis to illustrate the strength of each carrier's network in your area. Brown & Brown will then work with the staff to determine finalists and begin negotiations with the chosen carriers. 12 RFP Negotiations Brown & Brown will leverage our substantial book of business with the insurance carriers to ensure the City receives the most competitive rates available in the market. Brown & Brown, Inc. has more business with the insurance carriers than any of our competitors which afford us a distinct advantage when it is time to negotiate. This is an advantage of being the largest Insurance Brokerage in the State of Florida. Policy Review and Coverage Verification As the City of South Miami's broker and trusted advisor, Brown & Brown will work diligently to ensure that the most appropriate and cost effective benefits program is in place. We begin the process by analyzing your current program, then meet with the staff to discuss all available options on the market to include: alternate funding mechanisms; Flexible Spending Accounts; Consumer Driven Health Plans; wellness programs; Voluntary Plan options, EAP plans and Disability programs tailored to meet the City's needs and goals. All contracts and proposals will be analyzed to ensure there are provisions In place to keep the premium to a minimum while maximizing benefits to the employees. Financial stability of all carriers will be of utmost Importance, as financial stability leads to higher quality service, stable pricing from year to year, and the ability to pay claims. Coordination between the short term (currently voluntary) and long term disability (currently City Sponsored) products is tantamount to the disability program's success. Proper coordination will ensure that the benefits will be paid without interruption in an employee's time of need. As the largest insurance agency in the state, Brown & Brown, Inc., will work closely with the insurance carrier representatives and underwriters to stay abreast of the changes in the insurance market and developments specifically related to the healthcare industry. We regularly attend carrier seminars, host in-house meetings with insurance carrier representatives, and participate in Webinars, which relate to issues affecting our clients. We are able to navigate the marketplace working with virtually all insurance carriers in the entire state and nationally. As we place coverage (new and renewal) throughout the State, we use our market clout to have insurance carriers compete with one another for the business. Because of strong carrier partnerships, we are usually the first agency in the state to have access to new Insurance carrier products. Brown & Brown also has In house legal counsel to keep us at the forefront of changes in both state and federal legislation. In order to educate our clients, we send newsletters and emails explaining the impact of all state and federal regulatory changes as they occur. Brown & Brown is also committed to keeping up to date with all Healthcare Reform legislation. We have participated in weekly webinars with our in house counsel and Brown & Brown leadership with respect to this legislation and our clients have all received a summary and timeline of the legislation compiled by our legal department. In addition, now that many of the Families First Relief Act has been written, Brown & Brown is hosting webinars to explain how FFRA will affect our clients through 2021. These webinars are available to HR staff, finance, elected officials, and management so that everyone can be kept up to date with evolving aspects to COVID-19 and any pertinent Information. In the recent past we have communicated to our clients via email, formal letter, and face-to-face meeting the following compliance related matters and regulatory changes: • ARRA — American Recovery and Reinvestment Act HITECH / HIPAA Healthcare Reform ➢ DOL Mandated Notices ➢ SBCs ➢ W-2 Reporting 13 ➢ Play or Pay A long term strategy is critical to controlling cost. Brown & Brown is dedicated to evaluating, developing, implementing, and managing a plan that will accomplish the City's goal of delivering a quality benefits program to its employees in the most responsible and cost efficient manner. Section C.2 Brown & Brown Is a full service brokerage firm. We can accommodate our clients every need. A list of services available, but not limited to, is provided below that we are committed to providing: • Obtain and analyze periodic reports of claims utilization and other pertinent information from service providers. Identify claim trends and anomalies In a timely manner and prepare recommendations to the City on actions to be taken, if any. Reviewing quarterly or more often if needed. • Assist the City in reviewing, processing and administering all employees claim issues. • Assist the City with benefit plan administration, wellness and preventive insurance management and provide information on new laws, regulations and procedures in the area of benefit administration. • Coordinate and participate in the implementation and annual enrollment process and employee meetings. Assist in the review and/or creation of enrollment materials to enhance the overall perceived value of the benefits. • Provide the City with reasonable preliminary renewal figures during the budget process. Renewal Process Sample Timellne: Planning Discussion with Human Resources. Gathering information from carriers and internally to approach the market 150 Days prior to Renewal Conduct formal RFP 150-120 Days prior to Renewal Negotiate Renewal Options with all Carriers 120-90 Days prior to Renewal Present analysis of proposals to Client 90-60 Days prior to Renewal Provide Open Enrollment Meetings (Online through a provided HRIS system, in person or combination.) 60-45 Days prior to Renewal • Attend upon request, City meetings, budget meetings, and other negotiation meetings, whenever necessary. • Assist the City with required employee presentations, education sessions, and organizing health fairs/wellness or other preventative health presentations. • Assist the City with all aspects of its benefit consulting/agent services and for the management of all aspects of the City's beneflts Insurance programs. • Identifying issues, exposures and negotiating on the City's behalf with insurance carriers; keeping the City informed of significant developments affecting its Insurance coverage. The selected vendor as the City's Agent shall be authorized to represent and assist the City in discussions and transactions with all insurance carriers, provided that the Agent shall not place any insurance on behalf of the City unless so authorized in writing by the City • Following up with Insurance carriers for timely issuance of policies. • Assist the City in ensuring that the contractual benefits are delivered and performed as agreed. • Reviewing policies and endorsements for accuracy and conformity to specifications and negotiated coverage. All annual rate renewal reports shall Include the following: D Executive Summary — Include key findings and recommendations; (recommendations can Include, In addition to rate actions, the removal of plans or corrective actions, new benefit recommendations or deletions of outdated policies, and revised programs, updates on Healthcare Reform and historical highlights (overall historical trends in membership). 14 ➢ Analysis of enrollment history, claims, and health care trends Including methodology used for claims analysis and prediction trend. ➢ Financial Projections — determination of past period to project need for renewal. ➢ Development of Rate Renewal —analysis will include identification of plan costs and utilization trends and how those trends parallel or vary from known general experience for other carriers Statewide. ➢ Presentation of Premium Rates. • Assist in preparation of educational materials. Provide assistance in technical writing and plan highlights as requested. • Annually submit Schedule A and form 5500 to the City. • Assist the City with ACA regulations compliance, including processing 1094 / 1095 forms. • Advise and Assist City with: ➢ Writing Employee benefits plan modification and/or new benefits plans and any required amendment approval process ➢ Submission of written reports and other documents as required by State and/or Federal Government ➢ Coordination of Annual Employee Wellness Program ➢ Provide Summary of Benefits ➢ Onsite Enrollment presentations ➢ Employee Self Service enrollment ➢ COBRA Administration ➢ Education to provide information and promote lower out-of-pocket costs ➢ Provide seminars and programs as needed for smoking, fitness, exercise, nutrition and heart health. Perform special projects as requested by the City, including but not limited to: ➢ Assistance with adjudication of specific claims as requested by the City ➢ Recommendation of alternative benefit designs or delivery systems as dictated by emerging plan costs for benefits practices Dedicated Account team and Account Executive responsible for detailed review, analysis, design, marketing, and implementation of all benefit plans development and assistance In the implementation of new Insurance plans. Section C.3 Brown & Brown will utilize a team approach for this project. The team members listed below all work out of the Fort Lauderdale office and will work together to effectively manage the City's insurance programs. All team members listed below have experience working on multiple accounts within the last five years that exceed 700 employees. The team will ensure that the best coverages are in place at the best pricing, while providing exemplary day-to-day customer service and many overlap as we consult together. Samantha Graveline — Senior Vice President/Lead Consultant — 40% Shadi Kamyab — Senior Account Executive — 70% Terri James — Benefits Service Leader — Overseas All Aspects Analisa VanDelinder — Dedicated Claims Analyst — 35% Rachel Robinson — Compliance Manager — 20% Section C.4 Samantha Graveline — Lead Consultant Samantha has built her career in the Employee Benefits world. She has been the lead on many governmental segment groups in her career. She has been able to leverage the Brown & Brown volume with her never ending quest for the best benefit program and funding arrangement for her clients. She is able to dig through the various claim and analytical reports, to plan types, laws, statutes and requirements to ensure that her clients are obtaining true ROI on 15 their benefit programs. She started as an account manager so is able to assist with the mitigation of claims and cost containment for her clients. Section D Firm Overview ir-I Firm Overview Brown & Brown of Florida, Inc. Samantha Graveline, Senior Vice President 1201 W Cypress Creek Roda, Suite #130 Fort Lauderdale, FL 33309 Email: SQraveline bbfdaud.com Telephone: 954-331-1476 Facsimile: 954-776-4446 17 Section E Personnel and References 18 Your Team Samantha Gravellne, GBDS— (Senior Vice President, Employee Benefits) -She Is a FL native and grew up in Miami and studied Pharmaceutical Science at the University of South Florida. She specializes in developing strategic relationships with her clients to mitigate benefits costs through negotiation with the carriers, employee education, utilization assessments and wellness initiatives. Samantha is licensed In Life, Health and Variable Annuities (2-15) and has been a benefit consultant with Brown & Brown, Inc. since 1996. Additionally, Samantha has obtained her Certified Healthcare Reform Consultant through The American College, and she has an extensive background in Human Resources and Benefits Administration. Shads Kamyab, RESC—(Senior Account Executive)- Shadi was born in Tehran Iran. She studied Management Information Systems and licensed in both Life & Health and Property & Casualty. Thorough out her carrier, she has Increased operational efficiency by creating new operational processes and procedures which has minimized employee errors. She has Implemented and designed marketing plans for business development She has managed a team which serviced over 500 clients with the mantra that success is defined by providing a highest level of customer service. She takes pride in having an exceptional record of very satisfied clients. Terri James —(Assistant Vice President)- is the Group Service Manager of our Employee Benefits Department at Brown & Brown, Terri is responsible for the overall retention of Group Benefit Clients. An Integral part of her role is to supervise the Benefits Service Team and to ensure that our clients are being serviced as efficiently and effectively as possible. Terri holds a, State of Florida, Life, Health and Annuity License (2-15) and has 25+ years In the insurance industry. Additionally, she attended both the University of Florida (Gainesville, FL) and Florida International University (Miami, FL) and holds a Bachelor of Science in Health Services Administration. Rachel Robinson —(Compliance Manager)- specializes in managing, consulting, and advising clients on regulatory and compliance related issues. Her duties also include assisting clients with required regulatory documentation, filings, internal quality control, and employee training. Rachel holds a State of Florida, Life, Health and Annuity License (2-15) and has worked in the insurance Industry since 2014. Additionally, she graduated from Pennsylvania State University with two Bachelors of Science degrees in Psychology and Economics. Analisa VanDelinder—(Claims Advocate), her expertise is in research and investigation of claims as she has a unique attention to detail and is exceptional at claims resolution. Analisa holds a State of Florida, Life, Health and Annuity License (2-15) and has worked with Brown & Brown since 2016. we References City of Sunny Isles Beach 255 Employees / Retirees Contact Yael Londono Director of Human Resources &Risk Management 305-792-1708 Ylondono(@,sibfl.net City of North Miami Beach 650 Employees / Retirees Contact: Elsa Jaramillo-Velez. Esq. Director of Human Resources & Risk 305-787-6035 Elsa.Jaramil to-Velez(&Citvnmb.com City of Mount Dora 232 Employees Contact: Sharon Kaynik Director of Human Resources Director 352-735-7175 Kravn ikSta7.ci.mount-dora. fl.us 557 Employees / Retirees Contact: Wanda Lopez Risk Manager 800-338-2680 W lopezO,nationsafedrivers.com City of Homestead 650 Employees / Retirees Contact: Ursula Medero Benefits Manager 305-224-4472 umedero(@citvofliomestead.com Village Center Community District 376 Employees Contact: Deborah Franklin Director of Human Resources & Strategic Planning 352-674-1905 Deborah.FranklinO.district o�g 20 Section F 21 RESPONDENT QUALIFICATION STATEMENT INSURANCE BROKERAGE SERVICES RFQ # HR202045 The response to this questionnaire shall be utilized as part of the CITY'S overall evaluation and RESPONDENT selection. 1. Number of similar projects completed. a) In the past 5 years 6fl 2. Ust the last five (5) completed similar projects. a) Project Name NSD Newco, Inc. Owner Name: Use Clark 800 W Yannato Rd #100 Boca Ra#on, FL 33431 Owner Address: Owner Telephone: 800 338-2680 Contract Completion Date: 111/20 Rnal Contras Price: Percentage of Premium b) Project Name: Bostic Steel Owner Name: Judy Bostic Owner Address: 7740 NW 34 Street Doral, FL 33122 Owner Telephone: 305-592-7276 Contract Completion Date: 1/1/20 Rnal Contract price Percentage of Premium c) Project Name: Ritz Carlton Lwwry Yacht Collection Owner Name: Michelle Boyer 2601 S Bayshore Drhre, Suite SW Miami. FL 33133 Owner Address: Owner Telephone: Rnal Contr = Completion Date: 911119 Rnal Contract Price: Percentage of Premium Inlet Grove Community High School d) Project Name: Owner Name: Annette Gardner Owner Address: 600 W 28 Street Riviera Beach, FL 33404 561-68146W Owner Telephone: Rnal Contract Completion Dane: 12/1119 22 Final Contract Price: Percentage of Premium e) Project Name: Guff Coast Medical Center Owner Name: Tine Sbabbe Owner Address: 11528 US Highway 19 Pt Richey, FL 34668 Owner Telephone: 727-868-2151 Rnal Contract Completion Date: 1/1/20 ContractPri s Percentage of Premium Rnal3. Current workload Pj-oject Name Owner Name Telephone• Contract Price 4. The following information shall be attached to the Response to the Solicitation. a) RESPONDENTs home office organization chart b) RESPONDENTs proposed project organizational chart c) Resumes of proposed key project personnel, including on -site Superintendent S. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent In the last five (5) years 6. Government References: 23 List other Government Agencies or Quasi -Government Agencies for which you have done business within the past five (5) years. Name of Agency: City of Sunny Isles Beach 18070 Collins Avenue Sunny. Isles Beach, FL 33160 Address: Telephone Noy 305-7921708 Contact Person: Yad London Type of Project: Consultant - Benefit Program Name of Agency: City of North Miami Beach 17011 NE 19th Avenue North Miami Beach, FL 33162 Address: Telephone No-- 305-787-6035 Contact Person: Elsa Jaramfilo-Velez, Esq. Type of Project: Consultant - Benefit Program Name of Agency: City of Homestead Address: 100 Civic Court Homestead, FL 33030 Telephone No.: 305-2244472 Contact Person: Ursula Medero Type of Project: Consultant - Benefit Program 24 sec,... tion G 25 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 Respondent shall list all proposed subcontractor's, if subcontractors are allowed by the terms of this Solicitation to be used on this project if tfiey are awarded the Contract Classification of Work Subcontractor N-anic Addt Telephone, Other. This Ust shaii be provided as a part of Respondent's submittal to the City of South Miami and in response to this RFQ. END OF SECTION 26 Section H 27 NON -COLLUSION AFFIDAVIT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Samantha Graveline being first duly sworn, deposes and states that (1) He/ShelTheyis/are the Representative (Owner, Partner, Officer, Representative or Agent) of Brown & Brown of Florida, Inc. the Respondent that has submitted the attached Response to the Solicitation; (2) He/She/rhey is/are fully informed concerning the preparation and contents of the attached Response to the Solicitation and of all pertinent circumstances concerning such Response to the Solicitation; (3) Such Response to the Solicitation is genuine and is not a collusive or sham Response to the Solicitation; (4) Neither the said Respondent nor any of Its officers, partners, owners, agents, representatives, employees or parties in interest, including this affant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Response to the Solicitation in connection with the Work for which the attached Response to the Solicitation has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have In any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Response to the Solicitation or of any other Respondent, or to fix any overhead, profit, or cost elements of the negotiated Price or the negotiated Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices negotiated are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, Including this affiant I ( 1 / /wignature Samantha Graveline / Senior Vice President Print Name and Title April 6, 2020 Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the 6 day of 4/42LL . 20.A0 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) Samantha Graveline and whose name(s) is/are Subscribed to the within Instrument, and he/she/they acknowledge that helshe/they executed it WITNESS my hand and official seal. 99 NOTARY PUBLIC: SEAL OF OFFICE :ovxr?"¢� NWYE ELLEN BATISTA . �^.®. MY COMNIS" A GG 093876 'n� a EXPIRES: April24.2021 Fora° Bonded TW Budgel" Serim Notary Public, State of Florida laNCl/6 F'U-£A/ L9*74 (Named Dory Public Print Stamp or q" u commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 29 ction I 30 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Response to the Solicitation or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or Response to the Solicitation for a Contract with a public entity for the construction of repair of a public building or public work. may not submit bids or Response to the Solicitations on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT. Sub -contractor, supplier, Sub -consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity In excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty sbe (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Response to the Solicitations, the name of any officer, director, partner, associate or agent who Is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a). FLORIDA STATUJF�„ ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted Cky of �� Miami [print name of the public entity] by Samantha GravelIne / Senior Vloe President [print Individual's name and tide] for Brown & Brown of Florida Inc. [print name of entity submitting sworn statement] whose business address is 12o1 W Cypress Creek Road #130 Ft Lauderdale, FL 33309 and (a applicable) its Federal Employer Identif`scation Number (FEIN) is 59-0691921 entity has no FEIN. Include the Social,Security Number of the Individual (if the signing this sworn statement 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida S means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, Including, but not limited to , any bid, Response to the Solicitation or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined In Paragraph 287.133 (1) (b), Florida Stag means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of gullt, In any federal or state trial court of record relating to charges brought by indictment or Information after July 1, 1989. as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "aflf llate" as defined In Paragraph 287.133 (1) (a). Florida Statutes. means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active In the management of the entity and who has been convicted of a public entity crime. The term "affiliate" Includes those officers. directors, execudves, partners, shareholders, employees, members. and agents who are active in the management of an afl;llate. The ownership by one person of shares constituting a controlling Interest In any person. or a pooling of equipment or Income among persons when not for fair 31 market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutesmeans any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or Response to the Solicitation or applies to bid or Response to the Solicitation on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement Vindicate which statement applies.] x Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. FOR CAT GORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ( M Sworn to and subscribed before me this (— day of Personally known X OR Produced identification _ (Type of identification) Form PUR 7068 (Rev.06/11/92) 20(20. �rt Notary Public — State of "xOL/DA My commission expires 4 1 � — gaz (Printed, typed or stamped commissioned name of notary public) NANCYE ELLEN BATISTA MY COMMISSION s GG MM76 +'ri is EXPIRES: AW 14,2021 Eor Mi Baden Tin Boger NVar Smim 32 Section 33 DRUG FREE WORKPLACE Whenever two or more Bids or Response to the Solicitations which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Response to the Solicitation received from a business that certfies that it has implemented a drug -free workplace program shall be given preference in the award process: Established procedures for processing tie Bids or Response to the Solicitations shall be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall• 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, tha4 as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available In the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sigp the statyemment, I certify th t this firm complies fully with the above requirements. RESPONDENT's Signature: Print Name: Samantha Graveiine Date: 34 Section K 35 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, Brown & Brown of Florida Inc. , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the CiV of South Miami and NIA (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Subcontractor's names): to comply with such act or regulation. A / , BY; Samantha Graveline Name Senior Vice President 36 Section L 37 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's Solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing" The "Listings" can be accessed through the following link to the Florida Department of Management Services website: DECLARATION UNDER PENALTY OF PERJURY I, Michael Keeby (hereinafter referred to as the "Declarant') state, under penalty of perjury, that the following statements are true and correct (1) 1 represent the Respondent whose name is Samantha GravelineBrown & Brown of Florida, Inc. (2) 1 have the following relationship with the Respondent President (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) 1 have reviewed the Florida Department of Management Services website at the following URL address: httpJ/www.dms.mynorida.com/business_operadons/state_purchasing/vendor_i nformation/convicted_suspended_di scriminatory_complaints_vendor _lists (4) (have entered an 'k" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this Check if Applicable _ Convicted Vendor List Suspended Vendor List Discriminatory Vendor List _ Federal Excluded Parties List _ Vendor Complaint Ust FURTHER DECLARANT SAYETH NOT. Michael Keeby (Print name of Declarant) By: �A (Signature of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the do day of .4/0iQJL. , 20j9V. before me, the undersigned authority, personally appeared AdtG�a7fL �£P.A� who is agr�onal� know to me or who provided the following ident�ation and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant e WITNESS my hand and official seal. Notary P Ilc� State of Florida NOTARY PUBLIC: / SEAL � , YA ,r E/Lfi✓ fJ/7T/ST�9 (Name of Notary Public Print, Stamp or type as commissioned.) ��rMr row NhNCYE ELLEN BATISTA uYCOFYaS Mit 000938T6 38 EXFRES:AP4 2a, 2021 'Fatnet 50od d The BW3al Nolay Ser M Section M Wt RELATED PARTY TRANSACTION VERIFICATION FORM 1 Samantha Graveline . individually and on behalf of Brown & Brown of Florida, Inc. eRrm', have Name of R Company/VendorlEntity read the City of South Miami (" City'J's Code of Ethics, Section BA -I of the C€ty's Code of Ordinances and 1 hereby certify, under penalty of perjury that to the best of my knowledge, information and belief. (1) neither I nor the Rrm have any conflict of interest (as defined In section SA 1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Rrm, nor anyone who has a financial interest greater than 5% In the Rrm, has any relative(s), as defined In section BA -I, who is an employee of the City or who €s(are) an appointed or elected official of the City. or who o Is(are) a the ethics code still alic ppbes, if the persoody created n�exeC�uting this Commission. La. a board or committee o City, [ form is doing so on behalf of a firm whose stock Is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent Investigation as to the relationship of employees or those who have a financial interest In the Firm.]; and (3) neither 1 nor the Rrm, nor anyone who has a financial tl�nterest g�� �d���, � F� sacted o member of those persons' iritmedlate family (i.e., spouse, parents, tered into any contracts) with the City or has a financlai interest, direct or Indirect, In any business being transacted with the city, or with any person or agency acting for the city. other than as follows: Brown & Brown of Florida Inc. - Miami Pro & Casualty Broker _ (if necessary, use a separate sheet to supply additional Informadon that will not fit on this line; however. you must make reference, on the above tine, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, If the person executing this form is doing so on behalf of �a�' personal firm whose stock is publicly traded. the statement in �section � independent inl be based solely on the vestigation as to the relationship of those who knowledge and he/she is not required to p have a financial Interest In the Firm.]; and diate ily (4) no elected and/or appointed official or employed sisteof eCity rs hasf South a financial i�nteor any rest, directly for indirectly. inmthe members (Le., spouse. parents, children, brothers ) contract between you and/or your Rrm and the City other than the following individuals whose Interest is set forth following their names: (if necessary. use a separate sheet to supply additional Information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that all electedrinted of the city totalofficials assets of capttalmembers, stodc in tits firm own, directly or Indirectly, an Interest of pert ( 59r;) ormore are as follows: (if necessary, use a separate sheet to supply additional Information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the this form is �� so ontmust be behalf of signed nrm whose stock is [while the ethics code still applies, if the person executing g publicly traded, the statement in this section (4) shall Ebased solely on to the finch s interest in personal Firm knowledge iand he/she is not required to make an independent Investigation employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5)1 and the Rrm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, lor�roughbo�u� option or ourselves, or others. dudes under the terms agrees that contract with the City, to secure a specie privilege, we may not disclose or use information, not available other tO e�� or busers of iness entity, oe general ublic, for our personal utside of the normal gain or benefit or for the personal gain or benefit o yp benefit anticipated through the performance of the contract (6)1 and the Rrm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared In representation of any third party before an board, commission or agency of the City vvbin the past two years other than as follows: �� & Bro'"'n °f Florida, nc. - Mlaml (if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X\Purchasing\Vendor RegistrationN12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (n Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent brother or sister) Is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (n shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons Immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties') has responded to a solicitation by the City In which I or the Firm that 1 represent or anyone who has a financial interest greater than 5% in the Finn, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following (if Brown & Brown of Florida Inc. nc - Miami (Property & Casualty Broker) necessary, use a separate sheet to supply additional Information that will not fit on this line, however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock Is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent investigation Into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document Specifically, after the opening of any responses to a solicitation. I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parries who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the 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. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereina ve are true and correc to he best of my knowledge, information and belief. Signature: Print Name & Tide: Samantha Graveline / Senior Vice President Date: April 6, 2020 FE ction N 42 RFQ PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's recommendation is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, Samantha Graveline , makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE Samantha Graveline Shadi Kamyab Terri James Senior Vice President Senior Account Executive Assistant Vice President / Benefit Service Leader For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's recommendation is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. a /ycutted this 6th day of ApAprilt R � Signature of Representative Samantha Graveling Print Name and Title 2020 . Brown & Brown of Florida, Inc. Print name of entity being represented END OF SECTION 43 UHIB Scope of Services INSURANCE BROKERAGE SERVICES RFQ OHR2020-05 Respondents are required to read and understand all information contained within the entire solicitation package. By responding to this RFQ, the respondent thereby acknowledges that he or she has read and understands these documents. The term of the Agreement shall be for Three (3) Years with One (1) Two (2) Year Option -to -Renew, for total of Five Consecutive bears. The Option -to -Renew shall be a the discretion of the City Manager. This section outlines the minimum services that the City expects to receive from a qualified Consultant. Said Consultant shall assist in the design and implementation of a comprehensive employee benefits program for fiscal year 2020 and beyond. SCOPE OF SERVICES: The City of South Miami seeks the services of qualified firms to provide Insurance Miami has Services for the City's Employee Insurance Benefit Plans. The City of South approximately 142 employees and retirees participating In the Insurance Benefit Plans. All employees are located in Florida and retirees may be elsewhere. The City's plan year is October I' through September 30 The Insurance Benefit Plans include the following, but is not limited to: • Health/MedicalInsurance • Dental insurance • Life Insurance • Long Term Disability • Short Term Disability • Group Life Insurance and Accidental Death & Dismemberment Insurance • Insurance Supplements • Vision ON -GOING SERVICES: Expected deliverables include, but are not limited to: A. Monitor the programs' operations throughout the year to ensure that benefit providers are meeting all customer service requirements and standards. B. Provide on -going administrative support, as required; defined as dedicated account managers and in-house support with unlimited staff support, by acting as a liaison between the City and providers to assist with active review and management count, resolving claim disputes, contract administration and interpretations, and other issues. C. Provide dedicated personnel as a primary contact for managing the account relationship with the City to assist with round the dock support and assistance with billing, I.D. cards and day to day issues. D. Meet with the City's Human Resources Personnel Manager throughout the year as reasonably necessary (minimum Is quarterly). E. Coordinate annual audits of City's Insurance Benefit Plans and associated vendors and prepare annual financial reports on the results of the completed plan year. 44 F. Prepare and deliver any necessary reports to the City's Human Resources Personnel Manager, including but not limited to, reports showing claims experience at intervals acceptable to the City. G. Provide advice and assistance in the review of the City employee health and medical benefits program on a continuing basis to ensure that those plans are In compliance with state/federal requirements and their adequacy of benefits with respect to other plans. H. Track, monitor and provide information on changes in, or any pending or new legislation in the applicable state and federal laws, as well as any employee benefit and funding trends that may affect the Insurance Benefit Plans, to the City's Human Resources Personnel Manager. I. Advise and assist the City with: • Writing employee benefits plan modifications and/or new benefits plans and any required amendment approval process; • Submission of written reports and other documents as required by the state and/or federal government; • Coordination of the annual employee wellness fair, • Development of an Employee Wellness Program; • Provide summary of benefits; • Onsite enrollment presentations; • Employee self-service enrollment; • Cobra administration; • Education to provide information to promote lower out of pocket costs; • Provide seminars and programs as needed for smoking, fitness, exercise, nutrition and heart health. J. Perform special projects as requested by the City, including but not limited to: • Development and assistance in the implementation of new insurance plans; • Assistance with adjudication of specific claims as requested by the City; • Recommendation of alternative benefit designs or delivery systems as dictated by emerging plan costs for benefit practices. K. Ensure personnel availability for meetings, phone calls, and e-mail correspondence as required. L Maintain confidentiality of City records and data in accordance applicable federal and state laws. M. Active annual renewal process across all line of coverage and all carriers; N. Presentation and meetings to review options, effective negotiations to ensure the best benefits for lowest cost to the City and employees; O. Complete renewal package with customized options and quotes; P. Perform other related services on an "as -needed" basis. 45 RENEWAL YEAR INVICM A. Using current health and medical benefit plans as benchmarks, research, design, and propose employee Insurance Benefit Plans for the City, as appropriate. B. Meet with the City as necessary to discuss benefit plan options and establish goals and objectives for the City's benefit programs. C. Provide analysis of current plans, including the review of past performance, with regard to renewal. D. Review additional available cost savings plan alternatives and creative funding options. E Determine the appropriate employee and employer benefit contribution levels. F. Review and recommend annual contribution strategies for active participants and retirees. G. Provide City with information on what other municipalities of comparable size and location will be doing with their Insurance Benefit Plans in the upcoming years. H. Conduct renewal negotiations and develop appropriate information for management purposes. I. Upon City's request, coordinate a comprehensive "Request for Qualifications" (RFQ) process to identify potential high -quality Insurance Benefit Plan vendors, according to established City guidelines. The scope of the RFQ may include but not be limited to: Medical, Dental, Vision, Basic We, Voluntary We, Accidental Death and Dismemberment, Short Term and Long -Term Disability insurance. J. Act as lead negotiator and consultant to the City during insurance contract negotiations and renewals. K. Prepare and present a written analytical report of the responses to the Solicitation received including recommendation(s) and supporting documentation for recommendations. L Review plan documents (including employee booklets) and master contracts before adoption and printing. M. Assist with planning and implementation of selected changes including transition from the current to new vendors, the renewal proposal, and other benefit changes. N. Assist with developing City employee benefit program communication materials. Coordinate the design, printing, and production of those materials, as edited and approved by the Human Resources Personnel Manager. O. Advise and assist the Human Resources Personnel Manager or designee with the review of contracts, plan documents, Insurance policies and other documents for applicability, accuracy, consistency, and legal compliance. P. Assist City with the development of performance guarantees relating to vendors' performance of services to the City, and evaluation of the performance of vendors. END OF SECTION 46 RESPONSE TO THE SOLICITATION SUBMITTAL CHECKLIST FORM INSURANCE BROKERAGE SERVICES RFQ OHR2020-05 This checklist indicates the forms and documents required to be submitted for this Solicitation and to be presented by the deadline set for within the Solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of Response to the Solicitation. Additional documents may be required and, if so, they will be identified In an addendum to this Solicitation. The response shall Include the following items: Response to the Solicitation Package shall consist of one (1) original X unbound Response to the Solicitation. four (4) additional copies, three-ring binders are not permitted. and one (1) digital (or X _ comparable medium Including Flash Drive. DVD or CD) copy Supplemental Instructions and Response to the Solicitation Form X X for Respondent's, EXHIBIT 2 X Indemnification and Insurance Documents EXHIBIT 9 X Signed Contract Documents (All — Professional Services Agreement) X EXHIBITS. X X Respondent's Qualification Statement X X List of Proposed Subcontractors and Principal Suppliers X X Non -Collusion Affidavit X X Public Entity Crimes and Conflicts of Interest X X Drug Free Workplace X x Acknowledgement of Conformance with OSHA Standards X X Affidavit Concerning Federal & State Vendor Listings X X Related Party Transaction Verification Form X X 1 Presentation Team Declaration/Affidavit of Representation X Submit this checklist along with your Response to the Solicitation indicating the completion and submission of each required forms and/or documents. END OF SECTION 47 Section O Other Relevant Experience 48 SAMPLE CLIENT #1 Plan Year 2016 2017 2018 2019 Scenario: 19% Increase 17.5% Increase Rabe Pass 4.8% Increase Received Received Received Negotiations: Used our Broker Negotiated with Prior to renewal The client wanted status parternship carrier multiple to change their as leverage to times drilling on release, we effective date. negotiate reduction exposure and negotiated for a We were of renewal. reduction of rate pass on successful in broker current benefits nergotiating a rate compensation. pass on a 10 month contract. Recommendation: Renew current Renew under Renew under Renew under benefits current benefits current benefits current benefits Results: Renewed "as is" Renewed "as W' Renewed "as is" Renewed "as is" with a reduced with a reduce with a flat 0% with a 0% renewal at 14%. renewal at renewal. renewal for a 10- 14.5%. month contract. CAMPI F CI TFNT #2 Plan Year 2016 2017 2018 2019 Scenario: 23% Increase 30% Increase 21.5% Increase 51% Increase Received Received Received Received Negotiations: Due to loss ratio Loss ratios among Competive Competive over 100%, claims plans were not alternate carrier alternate carrier analysis and performing negotiations and negotiations and alternate plans equally. new funding return to Full - with higher out of option (Self- Insured due to pocket expenses to Funded). company reduce claims circumstances. utilization. Recommendation: Alternate plan Reduce plan Carrier change Alternate carrier options with offerings to two with plans with similar Increased order to richer benefits coverage plans. deductible and out driving claims and employer of pocket utilization down . dividen payouts. Results: Renewed with Renewed with Renewed as Renewed with recommended recommended recommended recommendations plans at a 2% alternate plans at with new carrier with same plan increase a 9.7% Increase. under a Self designs and a new Funded plan at a carrier at a 6% -10.8% reduction renewal Increase. in overall EM SAMPLE CLIENT #3 Plan Year 2016 2017 2018 2019 I Scenario: 8% Increase 34.2% Increase 10% Increase N/A Merger with 3 Received Received Received locations Negotiations: Negotiated to have Proposed Proposed Combined all carrier reduce their increased out of alternate Stop locations with administration fee pocket benefit Loss option and new carrier and and Stop Loss cost options reduced broker similar like benefit compensation. options. Recommendation: Renew "as Is" with Increase the plan Increase Stop Loss Change in caller single plan option out of pocket and and plan offerings employee payroll to accommodate contributions all states, employer was cites. Results: Renewed "as is" Renewed as Renewed at Combined all with same benefits recommended higher level Stop locations for an and carrier under a with an overall Loss with lower overall cost Self -Funded -4.9% reduction broker costs at a - savings of contract at a 3%. on Expected 1% reduction in approximately Projections. fixed $401,000 on medical administrative premiums. M Section O 51 EXHIS 13 INSURANCE BROKERAGE SERVICES RFQ OHR2020-05 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, Insurance of the types and In the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase Insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell Insurance In the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal Injury liability coverage; (e) claims for damages, other than to the Work itself, because of Injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims Involving contractual liability insurance applicable to the FIRM's obligations under the Contract s;s.m9s Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be Wormed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the Insurance coverage written on Florida approved forms and as set forth below: Workers' Comnensatlon Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Stawtes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must Include: Employers' Uability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. cam.,.., me• -dal Compkensin General I.,ablifty Insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual nabillty, severabliky of Interest with cross liability provision, and personal Injury and property damage liability with Omits of $1.000,000 combined single limit per occurrence and $2,000.000 aggregate, including: • Personal Injury: $1,000.000; • Medical Insurance: $5,000 per person; • Property Damage: $500.000 each occurrence; s tmr re fla C mmerrial Comprehensive General Uahility insurance shall be written on a Florida approved form with the same coverage as the primary Insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements6 as filed by the Insurance Services Office, and must Include: (a) Premises and Operation 52 (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract. Including any hold harmless and/or Indemnification agreement (g) Personal Injury Coverap with Employee and Contractual Exclusions removed. with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business A Wmobile Li Ilia with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1.000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership Subcontracts The FIRM agrees that if any part of the Work under the Contract Is sublet; the subcontract shall contain the same insurance provision as set forth in these insurance and Indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. ::re and ended C-am agg Insurance (RuIldere Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, 'Broad' form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, Including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, If the cost of machinery Is Included in the Contract or if the machinery is located In a building that is being renovated by reason of this contract The amount of Insurance must, at all times, be at least equal to the replacement and actual cash value of the Insured property. The policy shall be In the name of the CITY and the CONTRACTOR. as their interest may appear, and shall also cover the Interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneot A. If any notice of cancellation of insurance or change in coverage is issued by the Insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation. change, or expiration so as to provide continuous coverage as specified In this section and so as to maintain coverage during the life of this Contract B. All deductibles must be declared by the FredMce such h deductible or the Fmust be approved by IRM shall procure a Bone CITY. At the n of the d, in a CITY, either the FIRM shall eliminate o form satisfactory to the CITY covering the same- C. The policies shall contain waiver of subrogaton againstInsurance that CIl expressly provide may have. The that such policy or policies are primary overany � collectible ins CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severabllity of Interese' or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided In this Agreement D. Before starting the Work. the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance. acceptable to the CITY, as well as the Insurance binder. if one Is issued, the insurance policy. including the declaration page and all applicable endorsements and provide the name, address and telephone number of the Insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Bests Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretiom to provide a "certified copy" of the Policy (as defined in Article I of this document) lrW t the timehich shall nclude the of delivery oflaration page the insuranc�eacertificated all uhred the endorsements. In addidon. the FIRM shall following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as folkrivs: 53 The City of South Miami is an additional insured The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: `This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of Then notification shall Abe delivered to the City by certified mai ly modify the policy or to cancel or terminate the policy for any reason with proof of delivery to the City.- E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few. then In such event and in addition to the above requirements, the FIRM shall also provide Professionsl Liability �Insurance exceed 5% of the limit of liability providing/ t of $1,000,000 with deductible per claim if any, not sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents. representatives. Sub Contractors or assigns, or by any person employed or retained by him In connection with this Agreement This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement However. the FIRM may purchase Specific Project Professional Liability Insurance. in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier union authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. The Contractor accepts and voluntarily incurs all risks of any Injuries, damages, or harm which might arise during the work or event that Is occurring on the CfTY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall Indemnify. defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability. losses, claims, demands, suit% fines, judgments or cost and expenses, Including reasonable attorneys fees, paralegal fees and investigative costs Incidental there to and Incurred prior to, during or following any litigation. mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees. successors and assigns, by reason of any causes of actions or claim of any kind or mature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors. agents, representatives, employees, or assigns. or anyone acting through or on behalf of any of them, arising out of this Agreement, Incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever. in connection therewith. including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorneys fees, In the defense of any action In law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their agents, representatives. employees, or assigns. and/or arising out of, or Incident to, this Agreement, or Incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them. and arising out of or concerning the work or event that Is occurring on the CITY's property. in reviewing, approving or rejecting any submissions or acts of the Contractor. CITY In no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees. or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning Indemnification. Thus. 54 the design professional"s obligations as to the City and its agencies, as well as to its officers and employees, is to Indemnify and hold them harmless from liabilities, damages, losses. and costs, including. but not limited to, reasonable attorneys' fees, to the extent caused by the negligence. recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 55 A`o o® CERTIFICATE OF LIABILITY INSURANCE aAT 412/20020 2 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: U the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemenL A statement on this Certificate does not confer rights to the certificate holder in lieu of such endomement(s). PaooucEN Brown & Brown - Daytona Beach 220 S. Ridgewood Ave. Daytona Beach FL 32114 DNAME, Laude Kohler PxoxE , 306-239.7242 Eac NR:38Cr239.5729 I IC AoDRE6s' Ikohler bbda ona.com INSURERSAEFORDING COVERAGE NAILS INSURER A: Travelers Property Casualty Company of America 25674 INSURED BROWN-3 BROWN & BROWN INC ETAL P O BOX 2412 DAYTONA BEACH FL 32115 INsuNEN B: XLSpecialty Insurance Company 37885 INsuaea c: The Continental Insurance Company 35289 wsuREND: The Charter Oak Fire Insurance Company 25615 INSURER E: The Travelers Indemnity Company25658 INSURER F :7q7 F9bla THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT69CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPEOFINSURANCE POLICY NUMBER NMI�� mMmOY�' LIMITS A X COYYERCIALGENERALLIABILITY CLAIMS -MADE a OCCUR TC2JGLSA9527887420 1112020 1112021 EACH OCCURRENCE — 41,000,000 TINY PREMISES Ea Oe I,OeUII S1,000,000 NED EXP ma $5,000 PERSONAL & ADv IWU2Y s 1.000.000 GENL AGGREGATE LIMIT APPLIES PER: X I'DUCY�JPERCT LOC GNHErt GENERALAGGREGATE f10,00D.000 PRODUCTS-COMP/OPAGG $2.000.000 S A AUrOM0a6ELABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X �CSONLY X AUTOTOS NLY TC2JCAP9527B88220 1/1202D 1112021 COMBINED IN MI (Ea an $2,000,000 BODILY INIURY(P. Perron) f BODILY INJURY (Per acdae I) f PROPERTYOAMAGE cra M f50,000 s C X UMSRELLALAB LXCESS LAB X1 OCCUR C IMS-MADE 6011849429 1/12020 1/12021 EACHOCCURRENCE $5.000.000 AGGREGATE f5.000,000 am RETENTIONS S D E WORNERSCOMPENSAT10N ANDEMPLOYERS'LABBITY YIN ANWINPRIERORNARTNERIFXECUDVE OFRCERWEMBEREXCLUDEDT LNIA (W .q In NH) Ny� 4esoibe m r OFSCPIDRON OFOPERATIONSbeb. TC2OUS9517B58020 TRKUB951OB76120 1112020 1/112020 1/12021 t/12021 o7H- X P6RTUTE I ER E.LEACHACCIDENT 61,000,000 El. DISEASE -EA EMPLOYEE S1,000.000 E.L. DISEASE -POLICY LIMIT $1,000000 B ERRORS&OMI55ION5 ELU16548320 1/12020 1112021 FA WRONGFUL ACT AGGREGATE 20,000,000 20,000,000 UESCRPT OFOPERATIONS/LOCAMMIVE11lC tACORD101,"dil rulR.m SM ule,mayWaaar.dHmamapace Iam"irod) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Brown & Brown of Florida Inc: Ft. Lauderdale Division ACCORDANCE WITH THE POLICY PROVISIONS. 1201 W Cypress Creek Rd Suite 130 Ft. Lauderdale FL 33309 AurxoR¢EOREPREssnraTrvE United States of America ACOR13 CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD EXHIBIT 4 EVALUATION SELECTION CRITERIA INSURANCE BROKERAGE SERVICES RFQ MR2020-05 Scoring and Ranking Responses to the Solicitation will be evaluated by an Evaluation Selection Committee which will evaluate and rank responses to the Solicitation on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or 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 total of one hundred (100) points per Evaluation Selection Committee member. The Technical Criteria used for determining qualifications for ranking include: • Staff Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm; subcontractors (if any) and, pertinent training, skills, experience and references. Firms with in-house specialties as it relates to the scope of services and who have comparable project experience with the City of South Miami and other municipalities, cities or county governments for similar engagements, will be granted a higher score according to relevance to the City of South Miami's requirements and service. (Max. 40 points) • Project _AgRro. ach: Completeness and clarity of the proposer's approach to and detailed work plan for the engagement, and the ability of the approach to immediately accomplish the City's overall objectives. (Max. 30 points) • Commitment to Timelines and Budget Requirements: Respondent's ability to meet City timelines and budget requirements based on the current and projected workload of the firm. (Max. 20 points) • Other factors: Respondent's previous activities, including the volume of work previously awarded to the Respondent or portions of its team, by the City. Respondents who have done prior business with the City within the last 15 years, from the date the RFQ is issued, will be eligible for this category. (Max. 10 points) Oral Present ons Upon completion of the criteria evaluation indicated above, including rating and ranking, the Evaluation Selection Committee may require an oral presentation and/or may conduct Interviews with the Respondent (s) on matters which the Evaluation Selection Committee deems to warrant further consideration based on, among other considerations, scores in clusters; the preliminary rating and rankings, and/or maintaining competition. Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re -rate, and re -rank the Responses to the Solicitation remaining in consideration based upon the written documents, combined with the oral presentation or interviews. END OF SECTION 57 EXHIBIT 5 Professional Services Contract INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 THIS CONTRACT, entered into this 06 day of April 2020 , by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL , E-mail: salexander(o�souchmiamifl.gov and Brown & Brown of Florida,lnc. with an office and principal place of business located at rem W13; rm. MRenxnncow.m.W�nw , and E-mail address of Sgravelineigbbfllaud.com- and Facsimile transmission number of 954-776-4446 (hereinafter called the "CONTRACTOR". W ITNESSETH: WHEREAS, the CITY needs INSURANCE BROKERAGE SERVICES; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby retains CONTRACTOR to provide the services set forth In Scope of Services, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents in paragraph 2 (all of which is hereinafter referred to as the Work"). The services include the services set forth in the following documents Submittal in response to the Insurance Brokerage Services RFQ #HR2020-XX attached as "Exhibit 3 CONTRACTOR's Negotiated Price Schedule attached as "Exhibit 4" 2) Contract Documents: The Contract Documents shall include this Contract and the forgoing (in paragraph I above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents Scope of Services, attached as Exhibit CITY's Insurance & Indemnification Requirements, attached as Exhibit 2 Solicitation documents for Insurance Brokerage Services RFQ #HR2020-OS This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements shall take precedent over the response to the CITY's Insurance Brokerage Services RFQ #HR2020- 05, including the CONTRACTOR's Bid Form, If any, and Contractor/ Respondent's Cost and Technical Response to the Solicitation, if any. All the forgoing documents referenced in paragraph I and 2 above are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). In any event, the term shall not exceed five years. Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY Is the City Manager ("Manager'), assistant Manager, or the Managers designee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for 58 CONTRACTOR and his/her contact information is as follows: Name: Samantha Graveline a -mail: Spmwane@beotaW.wm 13>C 954-776- 446 Street Address: 1201 VY Cypress Ek Rd #180 Ft:LBLtlerdale, FL 3330l3 s) Scope of Services: The services to be provided are as set forth in the Scope of Services, attached as "Exhibit I, of the RFQ. 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) shall be as set forth in CONTRACTOR/Respondent's Negotiated Price Schedule, attached as "Exhibit 4" unless modified in writing signed by the City and CONTRACTOR. 7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Deputy City Manager, or their written designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for Three (3) Years with One (I) Two U Year Option -to -Renew. for a term not to exceed Five (55) Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. 9) Termination: This Contract may be terminated without cause by the CITY. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. 10)Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract Venue for all proceedings involving or arising out of this Contract shall be in Miami - Dade County, Florida. I [)Dudes and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and/or clauses were included herein. 12)Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents and approved by the City Attorney as to form and legality. 13)Licenses and Certifications: CONTRACTOR shall secure all necessary business and professional licenses at Its sole expense prior to commencing the Work 14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, Indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the contract documents provide for indemnification, nothing contained therein shall imply that the City has waived its sovereign Immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or effect 15) Liquidated Damages: In the event that CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated 59 damages shall be paid at the rate of S NIA per day until the Work is completed. 16) Jury Trial Waiver. The parties waive their right to jury trial. 17)Entire Agreement, Modification, and Non -waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 18) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within F. reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 19) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract 20) Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested, and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the 60 date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be stamped with the official City receipt stamp showing the date of deliver, otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov With copies by U.S. mail to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax (305) 341-0584 E-maileoe(a)southmiamifl gov To CONTRACTOR: Brown & Brown of Florida, Inc. Samantha Graveline / Senior vice President 1201 W Cypress Creek Rd #130 Ft Lauderdale, FL 33309 ETM4 : 'TO my l,'ne 266ftJ�ud co rt 21) Corporate Authority. The CONTRACTOR and its representative who signs this Agreement hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. 22)Grant Requirements. If the Work is being funded wholly or partially with a grant, the CONTRACTOR shall comply with all of the grant requirements applicable to the Work. It is the CONTRACTOR's responsibility to determine if there is grant funding. 23) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 24)Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 2S) Non -Appropriation of Funds. In the event that 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 CONTRACTOR or its assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any CONTRACTOR. 26) Most Favored Public Entity. CONTRACTOR represents that the prices negotiated with the City do not exceed existing prices CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONTRACTOR's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR shall immediately 61 extend the same prices to City. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. CONTRACTOR: Brown & Brown of Florida, Inc. WicBessedif � ATTESTED: By: Nkenga Payne City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By: City Attorney Samantha Graveline - Senior Vice President [print name and title of signatory] CITY OF SOUTH MIAMI By: END OF SECTION Steven Alexander City Manager 62 EXHIBIT 6 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) Professional Services Contract INSURANCE BROKERAGE SERVICES RFQ OHR2020-05 The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, means a response to a solicitation, Including a request for qualifications. (a) Notice of intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of Intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, If hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of Intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt (b) Protest of solicitation. A protest of the solicitation or award must be In writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of intent to file a protest The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check Issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be Issued by the Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the date of receipt The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered In support of the protest (c) Computation of time. No time will be added to the above time limits for service by mail. 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 shalt run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the Ckys determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. (e) Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all responses to the 63 solicitadonL (0 Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided In subsection (e) 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 potential harm to the health, safety, or welfare of the public or to protect substantial Interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 64 Procurement Division Evaluation 6130 Sunset Drive South Miami Scoring Sheet South Miami, Florida 33143 THE CITY OF PLEASANT LIVING (305) 663-6339 www.southmiamifl.¢ov RFQ Title: INSURANCE BROKERAGE SERVICES RFQ No.: HR2020-05 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points Criteria BROWN & HR LAROCCA & BROWN BENEFITS ASSOC. Staff Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm; subcontractors (if any) and, pertinent training, skills, experience and references. Firms with in-house specialties as it relates to the scope of services and who have comparable �J project experience with the City of South Miami and other municipalities, cities or county governments for similar engagements, will be granted a higher score according to relevance to the City of South Miami's requirements and service. (Max. 40 points) Project Approach: Completeness and clarity of the proposers approach to and 2. detailed work plan for the engagement, / and the ability of the approach to immediately accomplish the City's overall objectives. (Max. 30 points) Commitment to Timelines and Budget Requirements: Respondent's 3 ability to meet City timelines and budget 1 V/ /. requirements based on the current and projected workload of the firm. (Max. 20 points) 65 Page 1 of 2 Other factors: Respondent's previous activities, including the volume of work previously awarded to the Respondent or portions of its team, by the City. 4. Respondents who have done prior Ci business with the City within the last 15 years, from the date the RFQ is issued, will be eligible for this category. (Max. 10 points) (Print Name) Page 2 of 2 %0- South Miami D4f CT OF Pi FAb .NT Li CwC sit y ti Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www southmiamifl.eov RFQ Tide: INSURANCE BROKERAGE SERVIets RFQ No.: HR2020-05 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by addinn each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. LAROCC BROWN BENEFITS ASSO Staff Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm: subcontractors (if any) and, pertinent training, skills, experience and references. Firms with in-house specialties as it relates to the scope of services and who have comparable project experience with the City of South Miami and other municipalities, cities or county governments for similar engagements, will be granted a higher score according to relevance to the City of South Miami's requirements and service. (Max. 40 points) Project Approach: Completeness and clarity of the proposer's approach to and 2 detailed work plan for the engagement, and the ability of the approach to immediately accomplish the City's overall objectives. (Max. 30 points) Commitment to Timelines and Budget Requirements: Respondent's 3 ability to meet City timelines and budget requirements based on the current and O projected workload of the firm. (Max. 20 points) 67 Page 1 of 2 4. Other factors: Respondents previous activities, including the volume of work previously awarded to the Respondent or portions of its team, by the City. Respondents who have done prior business with the City within the last 15 years, from the date the RFQ is issued. will be eligible for this category. (Max. 10 points) /�AWj'7 A t4gv z (Print Name) /o Page 2 of 2 [:T:3 South 6 Miami 1 Hf 1:111 OF PLI,—. RFQ Title: RFQ No.: VJ2(1V\i (lC Procurement Division Evaluation 6130 Sunset Drive Scoring Sheet South Miami, Florida 33143 (305)663-6339 www southmiamiflsov RANCE BROKERAGE SERVICES DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria The total score for each proposer is calculated -by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points Criteria BROWN &TENEFITSA BROWN Staff Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm; subcontractors (if any) and, pertinent training. skills. experience and references. Firms with in-house specialties as it relates to the scope of services and who have comparable project experience with the City of South Miami and other municipalities, cities or county governments for similar engagements, will be granted a higher score according to relevance to the City of South Miami's requirements and service. (Max. 40 points) Project Approach: Completeness and clarity of the proposers approach to and for the engagement, /� O detailed work plan 2 and the ability of the approach to immediately accomplish the City's overall objectives. (Max. 30 points) Commitment to Timelines and Budget Requirements: Respondent's budget U ability to meet City timelines and L7� 3' requirements based on the current and projected workload of the firm. (Max. 20 points) _ Page 1 of 2 Scanned by TaPS�nnv Other factors: Respondent's previous activities, including the volume of work previously awarded to the Respondent or portions of its team, by the City. Respondents who have done prior I t u O O 4. business with the City within the Ian 15 years, from the date the RFQ is issued, will be eligible for this category. (Max. 10 points) Total Score: oo v Page 2 of 2 no Sw by TepS nner TAekSoutiami TIIF ( In (❑ PI TASANT 1 n9NG CITY OF SOUTH MIAMI INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 SUBMITTAL DUE DATE: April 8, 2020 at 10 AM Solicitation Cover Letter The City of South Miami, Florida, through its chief executive officer (City Manager) is hereby requesting sealed responses to this RFQ #PR2020-05 "INSURANCE BROKERAGE SERVICES." (also referred to as "Request for Qualifications" or simply "RFQ"). The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1) and Respondent's Cost and Technical qualifications, if any, or the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as 'the Project" or "Project"). All references to the "City" in this Solicitation is a reference to the City Manager, or the manager's designee, or the City in general if the context in which the word is used requires it. Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the City Clerk's office Monday through Friday from 9:00 a.m. to 4:00 p.m. or by accessing the following webpage: http://www.southmiami0.gov/ which is the City of South Miami's web address for solicitation information. Responses to the Solicitation are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The responses to the Solicitation Package shall consist of one (1) original unbound Response to the Solicitation, four (4) additional copies, three-ring binders are not permitted, and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The enure Response to the Solicitation Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed Response to the Solicitation is delivered: "INSURANCE BROKERAGE SERVICES," RFQ #HR2020-OS the name of the Respondent person or entity responding to the Solicitation. Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Response to the Solicitations must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 A.M. local time (the "Closing Date") on April 8, 2020 at 10 AM. A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Response to the Solicitation received after 10:00 a.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Response to the Solicitation is received will be resolved against the person submitting the Response to the Solicitation and in favor of the Clerk's receipt stamp. Hand delivery must be made Monday through Friday from 9 A.M. to 5 P.M., unless a different time is provided above for the Closing Date, to the office of City Clerk. A Non -Mandatory Pre -Response Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, FL 33143 on March 17, 2020 at 10:00 AM shall be held regardless of weather conditions. Responses to the Solicitations are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this Solicitation Package. The City reserves the right to award the Project to the person with the most responsive, responsible responses to the Solicitation, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all responses to the Solicitation, and the right of the City to waive any irregularity in the responses to the 71 Solicitation or solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with the most qualified respondent who has negotiated the best terms or, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent who is in the top ranking in qualifications and who has negotiated the best terms. Nkenga Payne, CMC City Clerk City of South Miami 72 SCOPE OF SERVICES and SCHEDULE OF VALUES INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1. END OF SECTION 73 SCHEDULE OF EVENTS INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 No Event Date* Time* (EST) I Advertisement/ Distribution of Solicitation & Cone of Silence begins 3/06/2020 2:00 PM 2 Non-Mandato Pre-RFQ Meeting 3/18/2020 10:00 AM 3 Deadline to Submit Questions 3/24/2020 10:00 AM 4 Deadline to City Responses to Questions 4/01 /2020 10:00 AM 5 Deadline to Submit RFQ Response 4/08/2020 10:00 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends 5/05/2020 7:00 PM END OF SECTION 74 INSTRUCTIONS for RESPONDENT INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE PROPOSAL (HEREINAFTER ALSO REFERRED TO AS THE "RESPONSE TO THE SOLICITATION") REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. I. Purpose of Solicitation. The City of South Miami is requesting qualifications for the purpose of contracting with the most qualified and most responsive individual(s) or firm. The City reserves the right to award the contract to the Respondent whose Response to the Solicitation is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract S. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the responses to the Solicitation. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondents responses to the Solicitation 6. Response Withdrawal. Aker responses to the Solicitation are opened, corrections or modifications to the responses are not permitted, but the City may allow the proposing firm to withdraw an erroneous response prior to the confirmation of the award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the response received, along with a request for permission to withdraw the firm's response; and d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10 75 AM, March 24, 2020 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick southmiamifl.gov or via facsimile at (30S) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City's website. 10. Verbal interpretations or clarifications shall be without legal effect No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Response to the Solicitation on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Qualificationss is subject to the "Cone of Silence," in accordance with Section 8A-7, of the City's Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that requests any of the following a Response to the Solicitation, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City's Cone of Silence Ordinance. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this Solicitation that may be used to comply with presentations, if applicable. Anyone who submits a response, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a Response to the Solicitation, whether solicited or unsolicited, is considered to be a lobbyist See section 8A-5 of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Qualifications be completed in all respects. e) to negotiate modifications to the Responses to the Solicitation that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Response to the Solicitation. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Response to the Solicitation, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any Invitation for Response to the Solicitation when it is in the best interest of the City. Q to award the Project to the person with the lowest, most responsive, responsible Response to the Solicitation, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the best negotiated Price. 76 k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a Response to the Solicitation, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub -consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate, as defined in Chapter 287, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, Response to the Solicitation, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, Response to the Solicitation, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, Response to the Solicitations, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents shall use the Response to the Solicitation Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Response to the Solicitation shall be signed using blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA'. The Response to the Solicitation shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Response to the Solicitation to be rejected. Failure to include any of the Response to the Solicitation Forms may invalidate the response. Respondent shall deliver to the City, as part of its Response to the Solicitation, the following documents: a) The Invitation for Qualifications and Instructions to Respondents. b) A copy of all issued addenda. c) The completed response to the Solicitation Form fully executed. d) Response to the Solicitation/Bid Bond, (Bond or cashier's check), if required, attached to the Response to the Solicitation Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Response to the Solicitation Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the negotiated contract and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Response to the Solicitation opening unless schedule indicates a different time. If samples are requested subsequent to the Response to the Solicitation opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Response to the Solicitation Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Response to the Solicitation prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price 77 adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the negotiated contract shall be firm for a period of one hundred eighty (180) calendar days from the date of the final negotiation unless otherwise stated in the Response to the Solicitation Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Response to the Solicitation must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Response to the Solicitation. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Response to the Solicitation and forfeiture of the Response to the Solicitation/Bid Bond, if required for this Project. 20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 3, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a rescission of the Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Response to the Solicitation, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Response to the Solicitation, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract A response to this Solicitation shall not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a Response to the Solicitation, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the Solicitation Package and/or response to this Solicitation, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the Response to the Solicitation and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Response to the Solicitation: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Response to the Solicitation as determined by the City. 25. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a Response to the Solicitation shall act as an agreement by the Respondent that the Response to the Solicitation/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this Solicitation process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated 78 with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Response to the Solicitation/Bid Bond, if required for this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract 27. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Negotiated Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds shall be with a surety company authorized to do business in the State of Florida. 27.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 27.2. Each Performance Bond shall continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 27.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project 27.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this Solicitation. 27.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 27.6. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 28. Guarantee: Notwithstanding the fact that the Respondent, in submitting a Response to the Solicitation, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Response to the Solicitation/Bid Bond/Security that accompanied the Response to the Solicitation, and the Response to the Solicitation/Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Response to the Solicitation/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Response to the Solicitation/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Response to the Solicitation/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Response to the Solicitation/Bid Bond. 29. Pre -response Conference Site Visits: If a Mandatory Pre -response conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Response to the Solicitation from a Respondent who did not attend the mandatory pre -response conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the Response to the Solicitation is submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the Response to the Solicitation, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the Response to the Solicitation and award the contract to the second most responsive, responsible bidder with the lowest price or to reject all bids. 30. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Response to the 79 Solicitation Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. 31. Submittal Requirements: All Response to the Solicitation shall comply with the requirements set forth herein and shall include a fully completed Respondent's Bid Form, if any, and a Respondent's Cost and Technical Qualifications, if any, which is a part of this Solicitation Package. 32. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any Request for Qualifications when it is in the best interest of the City. 33. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 34. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid Response to the Solicitation or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, Response to the Solicitation or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 35. Bid Protest Procedure. See attached EXHIBIT 6. 36. Evaluation Criteria. If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 4. 37. Availability of Contract - Any Governmental or quasi -governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this Solicitation and the contract that is awarded pursuant to this Solicitation and purchase any and all goods/services specified herein from the successful bidder(s)/proposer(s) at the contract price(s) negotiated, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful bidders)/proposer(s) is/are in agreement. Each Governmental or quasi -governmental entity which uses this formal Solicitation and resulting bid contract or agreement will establish its own contract/agreement, 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 bidders)/proposer(s). 38. Non -Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this Solicitation, then the City, upon written notice to Successful Bidder or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 39. Most Favored Public Entity. Respondent represents that the to be negotiated with the City do not exceed existing prices to other customers for the same or substantially similar services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If Respondent's prices decline, or should Respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities of services under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent shall immediately extend the same prices to City. 40. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited Response to the Solicitation are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited Response to the Solicitation, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent shall provide a redacted copy of the document and an unredacted copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential shall result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information 80 or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 41. Definitions. The following definitions shall govern the interpretation of this RFQ: "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing or affirming under penalty of perjury that the facts that are being "certified" are true and correct and it shall be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalty of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 42. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re -score the Respondents' submittals and, shall continue the re -scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re -advertised. 43. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFQ, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. END OF SECTION 81 CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE, SECTION 8A-5 INSURANCE BROKERAGE SERVICES RFQ #H R2020-05 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Depnitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. 82 This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3), c. Awards for professional or civic achievement; d. Material .such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an 83 official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. 0) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any 84 lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. END OF SECTION 85 LOBBY ORDINANCE, SECTION 8A-5 INSURANCE BROKERAGE SERVICES RFQ #HR2020-OS Sec 8A-5. - Lobbyists; registration, reporting, fees, exemptions, expenditures, and penalties. (a) This section shall be known as the City of South Miami lobbyist ordinance. (b) Definitions. For the purposes of this section, the following terms have the definitions contained herein: (1) Lobbyist. The city hereby adopts, by reference, the definition of a lobbyist as found in the Miami -Dade County lobbying ordinance, section 2-1 1.1(s)(1)(b) of the Miami -Dade County Code of Ordinances and the interpretations of this section as applied in practice by Miami -Dade County and the Miami Dade Commission on Ethics. (2) Principal means the natural person, firm, company or other entity that has employed or retained a lobbyist, including the person employed by the company or other entity, that has the authority to retain or direct a lobbyist on their behalf. (3) All lobbyists shall comply with this section and the Miami -Dade County Lobbying Ordinance as they are amended from time to time. All references to the "county" in the county's lobbying ordinance means the city, where applicable, for the purpose of this section and for the interpretation and application of the county's lobbying ordinance to the city. (c) (1) Registration and filing requirements. Before engaging in any lobbying activities, all lobbyists shall, register with the city clerk, unless exempted from registering by section 2-I1.1(s)(3) of the Miami -Dade County Code and pay a lobbyist fee, if required. A lobbyist who has engaged in lobbying activities before timely registering as a lobbyist shall pay a fine of five hundred dollars ($500.00). It is the responsibility of the city clerk to collect all fines and fees. A lobbyist who, without compensation for performing the services of a lobbyist, is representing an individual for non-commercial purposes (hereinafter referred to as a "limited lobbyist") shall include such information in the lobbyist registration form which must be signed under oath certifying the truth of the information. No registration fee is required for a limited lobbyist. In addition, any lobbyist who would not be required by Miami -Dade County to pay a lobbyist registration fee if engaged in lobbying activities with the county is not required to pay a lobbyist registration fee when engaged in lobbying activities with the city. a. Registration publication. All lobbyist registration forms must be dated by the city clerk with the date and time of registration. The clerk's office shall maintain a list of all registration and of the payment of the registration fee. The clerk shall publish on the city website a registration list of principals, issues and lobbyists which shall be updated at the end of each day, to the extent possible, that a completed or amended registration form is received. b. Every person required to register shall register on forms prepared by the city clerk and, other than those lobbyists who are exempt from paying a fee, shall pay a registration fee as specified in this section or the city's fee schedule, whichever is greater. The forms must include the following information, which shall be certified (under oath) by the lobbyist and the principal whom the lobbyist represents, and if the principal is a legal entity or organization, the president, partner, managing member, or other authorized person, of such entity shall sign the certification: I. Name and business address of lobbyist; 2. Name and business address of the principal; 3. The name and address of the person who has paid, as well as the person who has agreed to pay compensation for the lobbying activities; 4. Whether city commissioners, city administration, city attorney or city clerk will be lobbied; and 5. The specific issue on which the lobbyist has been employed to lobby. 86 c. The principal and the lobbyist must also submit a joint affidavit stating that the principal has not offered and the lobbyist has not agreed to accept any contingency or success fees as defined in section 2-11.1 (s)(7) of the Miami -Dade County Code of Ordinances. Failure of a principal to file the required forms may be considered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a responsible contractor. (2) Change or modification of information. Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require the lobbyist to file an amendment to the registration forms, although no additional fee is required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. If an amendment is required, no lobbying activity may be performed until the registration form has been amended. (3) Disclosure. If the lobbyist represents a legal entity such as a corporation, company, partnership or trust, the chief administrative officer, including the president, managing partner, managing member, and managing partner. must also be identified by name and address. (4) Fee requirements for issues. An additional one hundred -dollar ($100.00) fee is required to be paid for each additional specific issue being lobbied for a principal. A separate fee is required for each separate issue for the same principal for each calendar fiscal year. The city clerk, in the clerk's judgment, may reject any registration statement that does not provide a description of the specific issue on which the lobbyist has been employed or retained. (5) Each person who withdraws as a lobbyist for a particular principal shall file an appropriate notice of withdrawal. Each principal shall file a form with the clerk at the point in time at which a lobbyist is no longer authorized to represent the principal. (6) Fees. Each lobbyist who is required to pay a registration fee, shall pay such fee each time he or she registers or re -registers each calendar year with the city clerk. A lobbyist must re -register every calendar year before commencing any lobbying activities. No fee is required for filing a notice of withdrawal. The city clerk may waive the registration fee upon a finding of financial hardship if supported by a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit entity and who declares in the lobbyist registration application that he or she will not receive and has not received any compensation or reimbursement for the appearance to express support or opposition to any item, must register but is not required to pay a registration fee. (7) Disclosure and appearance of impropriety. In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial, professional, or other relationship with the mayor, any city commissioner, or city personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (8) All members of the city commission, and all city personnel, shall be diligent to ascertain whether persons required to register pursuant to this subsection have been complied. Commissioners or city personnel may not knowingly permit a person who is not registered pursuant to this subsection to lobby the commissioner, or the relevant committee, board or city personnel. (9) Any person who appears as a representative for an individual or firm for an oral presentation before a city certification, evaluation, selection, technical review or similar committee, may be listed on an affidavit provided by the city staff. The oral presentation affidavit shall be filed by city staff with the clerk's office at the time the committee's recommendation is submitted to the city manager. For the purpose of this subsection only, the listed members of the oral presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to individually register or pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's oral presentation team pursuant to this paragraph or unless he or she is registered with the clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. (d) List of expenditures. 87 (1) On October I of each year, lobbyists shall submit to the city clerk a signed statement under oath, as provided by the clerk, listing all lobbying expenditures for the preceding calendar year. A statement shall not be filed if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events and shall identify the city officials, personnel, and members upon whom the expenditures were made. (2) The city clerk shall notify any lobbyist who fails to timely file an expenditure report. In addition to any other penalties which may be imposed under this chapter, a fine of fifty dollars ($50.00) per day shall be assessed for reports filed after the October I due date. (3) The city clerk shall notify the county commission on ethics and public trust of the failure of a lobbyist to file a report and/or pay the assessed fines after notification. (4) A lobbyist may appeal a fine and may request a hearing before the county commission on ethics and public trust. A request for a hearing on the fine must be filed with the county commission on ethics and public tru st within fifteen (15) calendars days of receipt of the notification of the failure to file the required disclosure form. The county commission on ethics and public trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. (e) Exceptions to registration. All persons who are exempted from registration or from paying a registration fee by the Miami -Dade County's Lobbying Ordinance are likewise exempted by the city from registration and/or from the payment of registration fees. (f) Penalties. (1) Violations of this section may be determined by the Miami -Dade County Commission on ethics and public trust. A finding by the commission that a person has violated this chapter shall subject the person to a five hundred dollars ($500.00) civil penalty. The commission on ethics may additionally provide other penalties such as admonition and public reprimand, as well as prohibitions from registering as a lobbyist or engaging in lobbying activities before the city. Conviction for given false information shall be punishable by a fine of up to five hundred dollars ($500.00), imprisonment for up to sixty (60) days and suspension from lobbying privileges in South Miami for a period of up to two (2) years. (2) Additionally, every person who is found to be in violation of this chapter shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: • First violation: for a period of one (1) year from the date of determination of violation; • Second violation: for a period of two (2) years from the date of determination of violation • Third violation: for a period of three (3) years from the date of determination of violation. The city commission may debar a bidder or proposer from lobbying activities in the city, and from entering into contracts with the city, or any agency or authority of the city when the bidder or proposer either directly or indirectly, on three or more occasions, has been found to have violated the lobbyist provisions of this section. As used herein, a "direct violation' shall mean a violation committed by the bidder or proposer and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder or proposer. A contract entered into in violation of this section shall render the contract voidable. The city manager shall include the provisions of this section in all city bid documents, RFQs and RFQs; provided, however, that failure to do so shall not render any contract voidable. (3) Except as otherwise provided in subsection (f)(1), the validity of any action or determination of the city commission, board, committee, or agency shall not be affected by the failure of any person to comply with the provisions of this section. (g) Prohibition on appointment of lobbyists to boards and committees. No person who is required to register with the city clerk as a lobbyist shall serve on any board or committee of the city. Any person who is required to register as a lobbyist subsequent to being appointed to a board or committee shall be disqualified from participating on the board or committee from the date that the person knew, or reasonably should have 88 known, that he or she was required to register. No person shall be appointed to a board or committee for a period of nine (9) months from the time the person files a statement with the city clerk withdrawing his or her registration as a lobbyist. The penalty provisions of subsection (f) shall apply to any lobbyist who violates this prohibition. (h) Prohibited lobbing by campaign consultants. (1) Prohibition. No campaign consultant shall lobby a member of the city commission for the duration of the member's term to whom the campaign consultant provide campaign consulting services. (2) Definitions. a. Campaign consultant means any person who provides or facilitates campaign consulting services to a candidate for elected office in the City of South Miami. b. Campaign consultant shall include any individual who is an employee of or who has a ten (10) percent or greater ownership interest in an entity that is defined herein as a campaign consultant, except as otherwise excepted in this section below. C. "Campaign consultant" shall not include: 1. Any vendor for a campaign whose primary responsibility is to supply goods or services for a campaign. 2. Any employee of a campaign consultant whose sole duties are clerical: or 3. Any employee of a campaign consultant who did not personally provide any campaign consulting services. d. Campaign consulting services means those services that involve campaign management or campaign strategy. e. Campaign management means conducting, coordinating or supervising a campaign to elect a candidate. f. Campaign strategy means formulation of plans for the election of a candidate. g. Candidate shall have the meaning ascribed to such term in F.S. § 97.021(5), as amended and supplemented. h. Economic consideration means any payment, fee, commission, gift, or anything else of value received directly or indirectly as consideration for campaign consulting services. The term "economic consideration" does not include reimbursement for out of pocket expenses. END OF SECTION CONE OF SILENCE ORDINANCE, SECTION 8A-7 INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a Request for Qualifications ("RFQ'), request for qualification ("RFQ'), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder, (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the Solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre -bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; 90 (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff, (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 91 RESPONSE TO THE SOLICITATION SUBMITTAL CHECKLIST FORM INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 This checklist indicates the forms and documents required to be submitted for this Solicitation and to be presented by the deadline set for within the Solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of Response to the Solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response shall include the following items: Response to the Solicitation Package shall consist of one (1) original X unbound Response to the Solicitation, four (4) additional copies, three-ring hinders are not permitted, and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy X Supplemental Instructions and Response to the Solicitation Form for Respondent's, EXHIBIT 2 X Indemnification and Insurance Documents EXHIBIT 3 X Signed Contract Documents (All — Professional Services Agreement) EXHIBIT 5. X Respondent's Qualification Statement X List of Proposed Subcontractors and Principal Suppliers X Non -Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your Response to the Solicitation indicating the completion and submission of each required forms and/or documents. END OF SECTION RESPONDENT QUALIFICATION STATEMENT INSURANCE BROKERAGE SERVICES RFQ #H R2020-05 The response to this questionnaire shall be utilized as part of the CITY'S overall evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Contract Completion Date: Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Contract Completion Date: Final Contract Price c) Project Name: Owner Name: Owner Address: Owner Telephone: Final Contract Completion Date: Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: 93 Final Contract Completion Date: Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Final Contract Completion Date: Final Contract Price: 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the Response to the Solicitation. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on -site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought 94 c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi -Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 95 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor- Name Address Telephone, Fax & Email This list shall be provided as a part of Respondent's submittal to the City of South Miami and in response to this RFQ. END OF SECTION NON -COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE being first duly sworn, deposes and states that: He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Response to the Solicitation; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Response to the Solicitation and of all pertinent circumstances concerning such Response to the Solicitation; (3) Such Response to the Solicitation is genuine and is not a collusive or sham Response to the Solicitation; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Response to the Solicitation in connection with the Work for which the attached Response to the Solicitation has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Response to the Solicitation or of any other Respondent, or to fix any overhead, profit, or cost elements of the negotiated Price or the negotiated Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices negotiated are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of Witness Witness STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Signature Print Name and Title Date ACKNOWLEDGEMENT On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 97 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: Notary Public, State of Florida (Name of Notary Public Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Response to the Solicitation or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or Response to the Solicitation for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or Response to the Solicitations on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub -contractor, supplier, Sub -consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Response to the Solicitations, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to [print name of the public entity] by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid, Response to the Solicitation or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling 99 interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who -has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutesmeans any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or Response to the Solicitation or applies to bid or Response to the Solicitation on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day of .20 Personally known OR Produced identification (Type of identification) Form PUR 7068 (Rev.06/ 11 /92) Notary Public — State of My commission expires (Printed, typed or stamped commissioned name of notary public) 100 DRUG FREE WORKPLACE Whenever two or more Bids or Response to the Solicitations which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Response to the Solicitation received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Response to the Solicitations shall be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: Print Name: Date: 101 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, . (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the CiJaE of South Miami and NA (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub -contractor's names): to comply with such act or regulation. CONTRACTOR Witness BY: Name Title 102 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's Solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondents name Does appear on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http //www dms myflorida com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct (1) 1 represent the Respondent whose name is (2) 1 have the following relationship with the Respondent (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) 1 have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myf orida.com/business_Operations/state_Purchasing/vendor_information/convicted_Suspended_di scri m i natory_co mplaints_vendor_lists (4) 1 have entered an "x" or a check mark beside each listing(category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondents name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this Check if Applicable _ Convicted Vendor List Suspended Vendor List Discriminatory Vendor List _ Federal Excluded Parties List _ Vendor Complaint List FURTHER DECLARANT SAYETH NOT. (Print name of Declarant) By: (Signature of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the _ day of , 20. before me, the undersigned authority, personally appeared who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL (Name of Notary Public: Print, Stamp or type as commissioned.) 103 RELATED PARTY TRANSACTION VERIFICATION FORM I , individually and on behalf of ("Firm") have Name of Representative CompanylVendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as 104 follows: necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must (if make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:1PurchasinglVendor Registration112.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following. (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the 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. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: Print Name & Tide: Date: 105 RFQ PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's recommendation is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's recommendation is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this day of .20 Signature of Representative Print Name and Title Print name of entity being represented END OF SECTION 106 EXHIBIT I Scope of Services INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 Respondents are required to read and understand all information contained within the entire solicitation package. By responding to this RFQ, the respondent thereby acknowledges that he or she has read and understands these documents. The term of the Agreement shall be for Three (3) Years with One (1) Two (2) Year Option -to -Renew, for total of Five (5) Consecutive Years. The Option -to -Renew shall be a the discretion of the City Manager. This section outlines the minimum services that the City expects to receive from a qualified Consultant. Said Consultant shall assist in the design and implementation of a comprehensive employee benefits program for fiscal year 2020 and beyond. SCOPE OF SERVICES: The City of South Miami seeks the services of qualified firms to provide Insurance Brokerage Services for the City's Employee Insurance Benefit Plans. The City of South Miami has approximately 142 employees and retirees participating in the Insurance Benefit Plans. All employees are located in Florida and retirees may be elsewhere. The City's plan year is October I' through September 30`' The Insurance Benefit Plans include the following, but is not limited to: • Health/Medical Insurance • Dental Insurance • Life Insurance • Long Term Disability • Short Term Disability • Group Life Insurance and Accidental Death & Dismemberment Insurance • Insurance Supplements • Vision ON -GOING SERVICES: Expected deliverables include, but are not limited to: A. Monitor the programs' operations throughout the year to ensure that benefit providers are meeting all customer service requirements and standards. B. Provide on -going administrative support, as required; defined as dedicated account managers and in-house support with unlimited staff support, by acting as a liaison between the City and providers to assist with active review and management count, resolving claim disputes, contract administration and interpretations, and other issues. C. Provide dedicated personnel as a primary contact for managing the account relationship with the City to assist with round the clock support and assistance with billing, I.D. cards and day to day issues. D. Meet with the City's Human Resources Personnel Manager throughout the year as reasonably necessary (minimum is quarterly). E. Coordinate annual audits of City's Insurance Benefit Plans and associated vendors and 107 prepare annual financial reports on the results of the completed plan year. F. Prepare and deliver any necessary reports to the City's Human Resources Personnel Manager, including but not limited to, reports showing claims experience at intervals acceptable to the City. G. Provide advice and assistance in the review of the City employee health and medical benefits program on a continuing basis to ensure that those plans are in compliance with state/federal requirements and their adequacy of benefits with respect to other plans. H. Track, monitor and provide information on changes in, or any pending or new legislation in the applicable state and federal laws, as well as any employee benefit and funding trends that may affect the Insurance Benefit Plans, to the City's Human Resources Personnel Manager. I. Advise and assist the City with: • Writing employee benefits plan modifications and/or new benefits plans and any required amendment approval process; • Submission of written reports and other documents as required by the state and/or federal government; • Coordination of the annual employee wellness fair; • Development of an Employee Wellness Program; • Provide summary of benefits; • Onsite enrollment presentations; • Employee self-service enrollment; • Cobra administration; • Education to provide information to promote lower out of pocket costs; • Provide seminars and programs as needed for smoking, fitness, exercise, nutrition and heart health. J. Perform special projects as requested by the City, including but not limited to: • Development and assistance in the implementation of new insurance plans; • Assistance with adjudication of specific claims as requested by the City; • Recommendation of alternative benefit designs or delivery systems as dictated by emerging plan costs for benefit practices. K. Ensure personnel availability for meetings, phone calls, and e-mail correspondence as required. L. Maintain confidentiality of City records and data in accordance applicable federal and state laws. M. Active annual renewal process across all line of coverage and all carriers; N. Presentation and meetings to review options, effective negotiations to ensure the best benefits for lowest cost to the City and employees; O. Complete renewal package with customized options and quotes; P. Perform other related services on an "as -needed" basis. 108 RENEWAL YEAR SERVICES: A. Using current health and medical benefit plans as benchmarks, research, design, and propose employee Insurance Benefit Plans for the City, as appropriate. B. Meet with the City as necessary to discuss benefit plan options and establish goals and objectives for the City's benefit programs. C. Provide analysis of current plans, including the review of past performance, with regard to renewal. D. Review additional available cost savings plan alternatives and creative funding options. E. Determine the appropriate employee and employer benefit contribution levels. F. Review and recommend annual contribution strategies for active participants and retirees. G. Provide City with information on what other municipalities of comparable size and location will be doing with their Insurance Benefit Plans in the upcoming years. H. Conduct renewal negotiations and develop appropriate information for management purposes. I. Upon City's request, coordinate a comprehensive "Request for Qualifications" (RFQ) process to identify potential high -quality Insurance Benefit Plan vendors, according to established City guidelines. The scope of the RFQ may include but not be limited to: Medical, Dental, Vision, Basic Life, Voluntary Life, Accidental Death and Dismemberment, Short Term and Long -Term Disability insurance. J. Act as lead negotiator and consultant to the City during insurance contract negotiations and renewals. K. Prepare and present a written analytical report of the responses to the Solicitation received including recommendation(s) and supporting documentation for recommendations. L. Review plan documents (including employee booklets) and master contracts before adoption and printing. M. Assist with planning and implementation of selected changes including transition from the current to new vendors, the renewal proposal, and other benefit changes. N. Assist with developing City employee benefit program communication materials. Coordinate the design, printing, and production of those materials, as edited and approved by the Human Resources Personnel Manager. O. Advise and assist the Human Resources Personnel Manager or designee with the review of contracts, plan documents, insurance policies and other documents for applicability, accuracy, consistency, and legal compliance. P. Assist City with the development of performance guarantees relating to vendors' performance of services to the City, and evaluation of the performance of vendors. END OF SECTION 109 EXHIBIT 2 SUPPLEMENTAL INSTRUCTIONS AND RESPONSE TO THE SOLICITATION FORMAT FOR RESPONDENT INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 I. Format and Content of RFQ Response Firms responding to the Solicitation shall disclose their qualifications to serve as the City's insurance brokerage services provider in the format set forth below. Failure to provide requested information may result in your Response to the Solicitation being deemed non -responsive and therefore eliminated from further consideration. A. Title Page Show the name of Respondent's agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR QUALIFICATIONS For "Insurance Brokerage Services" RFQ #HR2020-05. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. Summarize your firm's qualifications and experience to serve as the City insurance brokerage services provider, and your firm's understanding of the work to be done and include a commitment to perform the work in accordance with the terms of the Response to the Solicitation being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection, based on the criteria set forth above. Response to the Solicitation: This section should summarize the key points of your submittal. Limit to one (1) to five (S) pages. Response to the Solicitation must include the following. I. Respondent's qualifications to perform the services detailed in Exhibit I, "Scope of Services." 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. 3. A list of the executive and professional personnel that will be employed in this engagement and their experience with similar engagements, including the percentage of project time projected to be spent by each person. 4. In addition to submission of the "Respondents Qualification Statement" found in the RFQ, Respondents experience with engagements of a similar scope including a summary of prior work experience and competence in undertaking engagements of this type. Experience shown should be of the lead project personnel who will be assigned to the City's project and will routinely be interfacing with the City. 110 D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a. Name of Firm submitting responding to the Solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Identify the primary individuals who will provide services to the City with regard to the day- to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm's experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm's and individual's experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this engagement that are provided by your firm, through subcontractors or sub consultants. F. Other Relevant Experience Provide a description of your proposed primary individuals' relevant experience over the last three years with other cities that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served as consultants for similar engagements as proposed by the City detailed in the Scope of Services in this RFQ. Please limit your response in the section to five (S) pages. END OF SECTION 111 EXHIBIT 3 INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below. Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including. • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 112 (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: 113 (1) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B' (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorneys fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this 114 subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 115 EXHIBIT 4 EVALUATION SELECTION CRITERIA INSURANCE BROKERAGE SERVICES RFQ #HR2020-OS Scoring and Ranking Responses to the Solicitation will be evaluated by an Evaluation Selection Committee which will evaluate and rank responses to the Solicitation on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or 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 total of one hundred (100) points per Evaluation Selection Committee member. The Technical Criteria used for determining qualifications for ranking include: • Staff Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm; subcontractors (if any) and, pertinent training, skills, experience and references. Firms with in-house specialties as it relates to the scope of services and who have comparable project experience with the City of South Miami and other municipalities, cities or county governments for similar engagements, will be granted a higher score according to relevance to the City of South Miami's requirements and service. (Max. 40 points) • Project Approach: Completeness and clarity of the proposers approach to and detailed work plan for the engagement, and the ability of the approach to immediately accomplish the City's overall objectives. (Max. 30 points) • Commitment to Timelines and Budget Requirements: Respondent's ability to meet City timelines and budget requirements based on the current and projected workload of the firm. (Max. 20 points) • Other factors: Respondent's previous activities, including the volume of work previously awarded to the Respondent or portions of its team, by the City. Respondents who have done prior business with the City within the last 15 years, from the date the RFQ is issued, will be eligible for this category. (Max. 10 points) Oral Presentations Upon completion of the criteria evaluation indicated above, including rating and ranking, the Evaluation Selection Committee may require an oral presentation and/or may conduct interviews with the Respondent (s) on matters which the Evaluation Selection Committee deems to warrant further consideration based on, among other considerations, scores in clusters; the preliminary rating and rankings, and/or maintaining competition. Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re -rate, and re -rank the Responses to the Solicitation remaining in consideration based upon the written documents, combined with the oral presentation or interviews. 116 END OF SECTION EXHIBIT 5 Professional Services Contract INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 THIS CONTRACT, entered into this day of 20 , by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: salexander(a southmiamifl.gov and with an office and principal place of business located at and E-mail address of and Facsimile transmission number of (hereinafter called the "CONTRACTOR". WITNESSETH: WHEREAS, the CITY needs INSURANCE BROKERAGE SERVICES; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby retains CONTRACTOR to provide the services set forth in Scope of Services, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents in paragraph 2 (all of which is hereinafter referred to as the Work"). The services include the services set forth in the following documents Submittal in response to the Insurance Brokerage Services RFQ #HR2020-XX attached as "Exhibit 3 CONTRACTOR's Negotiated Price Schedule attached as "Exhibit 4" 2) Contract Documents: The Contract Documents shall include this Contract and the forgoing (in paragraph I above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents Scope of Services, attached as Exhibit I CITY's Insurance & Indemnification Requirements, attached as Exhibit 2 Solicitation documents for Insurance Brokerage Services RFQ #HR2020-05 This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements shall take precedent over the response to the CITY's Insurance Brokerage Services RFQ #HR2020- 05, including the CONTRACTOR's Bid Form, if any, and Contractor/ Respondent's Cost and Technical Response to the Solicitation, if any. All the forgoing documents referenced in paragraph I and 2 above are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). In any event, the term shall not exceed five years. Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, 117 who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: e-mail: ; Fax Street Address: 5) Scope of Services: The services to be provided are as set forth in the Scope of Services, attached as "Exhibit 1, of the RFQ. 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) shall be as set forth in CONTRACTOR/Respondenes Negotiated Price Schedule, attached as "Exhibit 4" unless modified in writing signed by the City and CONTRACTOR. 7) Hours of Woric It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Deputy City Manager, or their written designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for Three with One (1_)wo (2) Year Option -to -Renew, for a term not to exceed Five (5) Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. 9) Termination: This Contract may be terminated without cause by the CITY. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. O)Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract Venue for all proceedings involving or arising out of this Contract shall be in Miami - Dade County, Florida. 11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract Each and every provision and/or clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and/or clauses were included herein. 12) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents and approved by the City Attorney as to form and legality. 13) Licenses and Certifications: CONTRACTOR shall secure all necessary business and professional licenses at its sole expense prior to commencing the Work. 14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the contract documents provide for indemnification, nothing contained therein shall imply that the City has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or effect S) Liquidated Damages: In the event that CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in 118 accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of $ NIA per dax until the Work is completed. 16) Jury Trial Waiver. The parties waive their right to jury trial. 17) Entire Agreement, Modification, and Non -waiver. The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver -of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 18) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Ifthe contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 19) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. 20) Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested, and shall be deemed delivered on the date shown on the e-mail or delivery 119 confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be stamped with the official City receipt stamp showing the date of deliver, otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov With copies by U.S. mail to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe(aasouthmiamifl.gov To CONTRACTOR: 21)Corporate Authority. The CONTRACTOR and its representative who signs this Agreement hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officers powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. 22) Grant Requirements. If the Work is being funded wholly or partially with a grant, the CONTRACTOR shall comply with all of the grant requirements applicable to the Work. It is the CONTRACTOR's responsibility to determine if there is grant funding. 23) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 24)Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 25) Non -Appropriation of Funds. In the event that 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 CONTRACTOR or its assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any CONTRACTOR. 26) Most Favored Public Entity. CONTRACTOR represents that the prices negotiated with the City do not exceed existing prices CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONTRACTOR's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, 120 benefits, insurance coverage and any other material cost factors, CONTRACTOR shall immediately extend the same prices to City. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Witnessed: By: ATTESTED: By: By: CONTRACTOR. - [print name and title of signatory] CITY OF SOUTH MIAMI By: Nkenga Payne Steven Alexander City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution Thereof. By: City Attorney END OF SECTION 121 EXHIBIT b City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) Professional Services Contract INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, means a response to a solicitation, including a request for qualifications. (a) Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt (b) Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of intent to file a protest The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the date of receipt The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. 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 next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. (e) Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the 122 protest, resolve the protest without submission to the City Commission, or reject all responses to the solicitations. (f) Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) 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 potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 123 5/4/2020 Detail by Entity Name DIVISION OF CORPOPATIONS Ir Dr/moo Jf wr vijlrivl �tw� vjFlvridv wrLsitr Reza vhent of State I Division of Corporations I Search Records I Detail By Document Number I Detail by Entity Name Florida Profit Corporation BROWN & BROWN, INC. Fi ing Information Document Number 218668 FEI/EIN Number 59-0864469 Date Filed 01/02/1959 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 03/26/2018 Event Effective Date 03/28/2018 Principal Address 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Changed:04/05/2018 Mailing Address 220 S. Ridgewood Ave Daytona Beach, FL 32114 Changed:04/05/2018 ,RRtgistered 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 Ttle Senior Vice President Abernathy, Neal J. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 124 search.sunbiz.orgAnquirylCorporationSearchlSearchResuhDetail?inquirytype=EnbtyName&directionType=Initial&searchNameOrder--BROW NBROWN... 116 5/4/2020 Detail by Entity Name Title Director Bell, Samuel P., III 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President Berner, John 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President Boone, Sam R., Jr. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President Boyd, Stephen M. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Director Brown, Hugh M. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Director, Chairman of the Board Brown, J. Hyatt 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Director, Chief Executive Officer & President Brown, J. Powell 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President; Regional President -Retail Division Brown, P. Barrett 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President Colangelo, Kathy 220 S. Ridgewood Ave. seanch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=FntityName&directionType=I nibal&searchNameOrder=BROWN BROWN... 125 2/6 5/4/2020 Detail by Entity Name Uaytona Beach, FL 32114 Title Director Currey, Bradley, Jr. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President; Regional President -Retail Division Esposito, John M. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President Failla, Joseph S., Jr. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Ttle Senior Vice President Freeboum, Richard A. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Tide Director Hoepner, Theodore J. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Tide Director Hunt, James 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Tide Senior Vice President; Regional President -Retail Division Huval, Tommy K. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Director Jennings, Toni 220 S. Ridgewood Ave. Caytona Beach, FL 32114 Title Senior Vice President; Regional President -Retail Division WIN Keeby, Michael search.sur oa.orgllnquiry/CorpomtionSearch/SearchResullDetail?inquirylype=EnOtyNameBdirectionType=Initial&searchNameOrder--BROWNBROWN... 316 5/4/2020 Detail by Entity Name zzu 5. Kiagewooa Ave. Daytona Beach, FL 32114 Title Senior Vice President; Regional President -Retail Division Knudson, Richard A., Jr. 3001 Emrick Blvd, Suite 120 Bethlehem, PA 18020 Title Executive Vice President, General Counsel and Secretary Lloyd, Robert W. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Vice President and Chief Corporate Counsel Lotz, David B. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Director Main, Tim RM 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President; Regional President -Retail Division McGowan, Donald M. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President and Chief Information Officer Owen, B. Carl 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Chief Acquisitions Officer; Executive Vice President Penny, Scott J. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Director Proctor, H. Palmer, Jr. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Director 127 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EnUtyName&directionType=lnibal&searchNameOrder=BROWN BROWN... 4/6 5/4/2020 Detall by Entity Name merry, vvencen 6. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Assistant General Counsel and Assistant Secretary Robinson, Anthony M. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Senior Vice President; Regional President -Retail Division Rogers, Paul 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Executive Vice President and Chief People Officer Ryan, Julie K. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Tide Senior Vice President Stoll, H. Vaughn 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title President -Wholesale Brokerage Division; Executive Vice President Strianese, Anthony T. 220 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Director Vamer, Chilton D 220 S. Ridgewood Ave. Daytona Beach, FL 32114 T tie President -Programs Division; Executive Vice President Walker, Chris L. 2,20 S. Ridgewood Ave. Daytona Beach, FL 32114 Title Executive Vice President, Chief Financial Officer and Treasurer Watts, R. Andrew 220 S. Ridgewood Ave. Daytona Beach, FL 32114 128 Annual Reports search.sunbiz.org/Inquiry/CorporationSearch/SeamhResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder-BROWN BROWN... 5/6 5/4/2020 Detail by Entity Name Report Year Filed Date 2018 04/05/2018 2019 03/23/2019 2020 04/22/2020 Document Imago 04/22/2020 — ANNUAL REPORT 09/18/2019—Reg Agent hange 03/23/2019 — ANNUAL REPORT 041051 018 — ANNUAL REPORT 03/26/2018 — Amendment 041151 017 — ANNUAL REPORT 04/09/2016 — ANNUAL REPORT 0411712015 — ANNUAL REPORT 04/2512014 — ANNUAL REPORT 04/16/2013 — ANNUAL REPORT 09/27/2012 — ANNUAL REPORT 04/251 012 — ANNUAL REPORT 03/20/2012 — RegAgent Change 04/28/2011 —ANNUAL REPORT 04129/2010—ANNUAL REPORT 03/31/2009 — ANNUAL REPORT 04/24/200B — ANNUAL REPORT 04/16/2007 — ANNUAL REPORT 03106/2006 — ANNUAL REPORT 0612712005—Reg Agent Change 011121 005 — ANNUAL REPORT 0211012004 —ANNUAL REPORT 0413012003 — Amendment 04/1712003 — Merger 02/2812003 — ANNUAL REPORT 01 /22/2002 — ANNUAL REPORT 05/03/2001 — Amendment 04/13/2001 —ANNUAL REPORT 03/06/2000 — ANNUAL REPORT 04/28/1999 — Name Change 03105/1999 — ANNUAL REPORT 05/13/1998 — Amended and Restated Amides 05/01 /1998 — ANNUAL REPORT 05/15/1997 — ANNUAL REPORT 04/30/1996 — ANNUAL REPORT 05/01/1995 —ANNUAL REPORT View image in PDF formal View image in PDF format View image in PDF format View image in PDF format J View image in PDF format View image in PDF format View image in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in PDF formal View image in PDF format View image in PDF formal View image in PDF formal 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 m PDF format View image in PDF format J View image in PDF format View image in PDF format I View image in PDF format View image in PDF format 129 search.sunbiz.org/I nquiry/CorporabonSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder—BROWN BROWN... 616 2020 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 218668 Entity Name: BROWN & BROWN, INC. Current Principal Place of Business: 220 S. RIDGEWOOD AVE. DAYTONA BEACH, FL 32114 Current Mailing Address: 220 S. RIDGEWOOD AVE DAYTONA BEACH, FL 32114 US FEI Number: 59-0864469 Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 US FILED Apr 22, 2020 Secretary of State 0361818251 CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered once or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent OfficerlDirector Detail : Title SENIOR VICE PRESIDENT Name ABERNATHY,NEALJ. Address 220 S. RIDGEWOOD AVE. City-StatE.-Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT Name BERNER, JOHN Address 220 S. RIDGEWOOD AVE. CityStats-Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT Name BOYD, STEPHEN M. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR, CHAIRMAN OF THE BOARD Name BROWN, J. HYATT Address 220 S. RIDGEWOOD AVE. CityState�Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name BELL, SAMUEL P. III Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT Name BOONE. SAM R. JR. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name BROWN, HUGH M. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR, CHIEF EXECUTIVE OFFICER & PRESIDENT Name BROWN, J. POWELL Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Continues on page 2 I hereby tarty that the information imiicated on this report w supplemental report is true and accurate and that my electronic signature shall ham the same legal effect as it made under win Nat I an an of6cerwdirec(w of the cwporetion or the receiver orfmstee empoweredro execute this report as required by Chapter 607, Honda Statutes. and fhat my name appears above. won on attachment with all aherwre empowered. SIGNATURE: WATTS, R. ANDREW TREASURER 04/22/2020 Electronic Signature of Signing Officer/Director Detail Date Officer/Director Detail Continued : 130 Title SENIOR VICE PRESIDENT; REGIONAL PRESIDENT -RETAIL DIVISION Name BROWN, P. BARRETT Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name CURREY, BRADLEY JR. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT Name FAILLA, JOSEPH S. JR. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name HOEPNER, THEODORE J. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT; REGIONAL PRESIDENT -RETAIL DIVISION Name HUVAL, TOMMY K. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT; REGIONAL PRESIDENT -RETAIL DIVISION Name KEEBY, MICHAEL Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title EXECUTIVE VICE PRESIDENT, GENERAL COUNSEL AND SECRETARY Name LLOYD, ROBERT W. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name MAIN, TIM RM Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT AND CHIEF INFORMATION OFFICER Name OWEN, B. CARL Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name PROCTOR, H. PALMER JR. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT Name COLANGELO, KATHY Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT; REGIONAL PRESIDENT -RETAIL DIVISION Name ESPOSITO, JOHN M. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT Name FREEBOURN, RICHARD A. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name HUNT, JAMES Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name JENNINGS, TONI Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT; REGIONAL PRESIDENT -RETAIL DIVISION Name KNUDSON, RICHARD A. JR. Address 3001 EMRICK BLVD, SUITE 120 City -State -Zip: BETHLEHEM PA 18020 Title VICE PRESIDENT AND CHIEF CORPORATE COUNSEL Name LOTZ, DAVID B. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT; REGIONAL PRESIDENT -RETAIL DIVISION Name MCGOWAN, DONALD M. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title CHIEF ACQUISITIONS OFFICER; EXECUTIVE VICE PRESIDENT Name PENNY, SCOTT J. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name REILLY, WENDELL S. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 131 Title ASSISTANT GENERAL COUNSEL AND ASSISTANT SECRETARY Name ROBINSON, ANTHONY M. Address 220 S. RIDGEWOOD AVE. City -Slate -Zip: DAYTONA BEACH FL 32114 Title EXECUTIVE VICE PRESIDENT AND CHIEF PEOPLE OFFICER Name RYAN, JULIE K. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title PRESIDENT -WHOLESALE BROKERAGE DIVISION; EXECUTIVE VICE PRESIDENT Name STRIANESE, ANTHONY T. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Tile PRESIDENT -PROGRAMS DIVISION; EXECUTIVE VICE PRESIDENT Name WALKER, CHRIS L. Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT; REGIONAL PRESIDENT -RETAIL DIVISION Name ROGERS, PAUL Address 220 S. RIDGEWOOD AVE. City -State -Zip: DAYTONA BEACH FL 32114 Title SENIOR VICE PRESIDENT Name STOLL, H. VAUGHN Address 220 S. RIDGEWOOD AVE. City -Stale -Zip: DAYTONA BEACH FL 32114 Title DIRECTOR Name VARNER, CHILTON D Address 220 S. RIDGEWOOD AVE. City -Stale -Zip: DAYTONA BEACH FL 32114 Title EXECUTIVE VICE PRESIDENT, CHIEF FINANCIAL OFFICER AND TREASURER Name WATTS, R. ANDREW Address 220 S. RIDGEWOOD AVE. City -Stale -Zip: DAYTONA BEACH FL 32114 132 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, MiemrDade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Dairy Business Review We Miami Review, a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - RFO 8HR2020-05 in the XXXX Court, was published in mid newspaper in the issues of 03111/2020 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and afiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said Swo nd subscribed before me this 11 of MAR& A.D. 2020 .ERMO GARCIA personally known to w, BARBARATHOMAS =$YY • ` Corefnlesion # GG 121171 >w• a al November 2,2021 `11,14�"- � Tray Fan insurance60Pgai7aig CITY OF SOUTH MIAMI INSURANCE BROKERAGE SERVICES RFQ #HR2020-05 SUBll IT1r 1L-VUlE`DAM- _ _- APRIL 8, 2020 AT 10 AM SOLICITATION COVER LETTER The City of South Miami, Florida, through its chief executive officer (City Manager) is hereby requesting sealed responses to this FIFO 8PR2020-05 °INSURANCE BROKERAGE SERVICES.- (elm referred to as 'Request for Qualifications' or simply'RFO'). The purpose of thlssacitation is to contact for the services necessary for the completion of the project in ac- cordenoe with the Scope of Services, (EXHIBIT 1) and Respondent's Cost and Technical qualifications, if any, or the plans and/or specifications, if any, described In this Solicitation (hereinafter referred to as "the Project' or "Project'). All references to the 'City' in this Solicitation is a reference to the City Manager, or the manager's designee, or the City in general 'd the Context in which the word is used requires it. Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the City Clerk's office Monday through Friday from 9:00 a.m. to 4:00 P.M. or by accessing the following webpage: httiad/www.southmiamHl-gov/ which is the City of South Miami's web address for solicitation information. Responses to the Solicitation are subject to the Standard Terms and Conditions contained in the complete Solicihatbn Package, including all documents listed in the Solicitation. The responses to the Solicitation Package shall consist of one (1) original unbound Response to the Solicitation, four (4) addWorW co1Hes, three-ring binders are not permitted, and one (1) digital (or comparable medium Including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Response to the Solicitation Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or wrinen on the exterior of the envelope or container in which the sealed Response to the Solicitation is delivered: -INSURANCE BROKERAGE SERVICES,' RFO 4HR2020-05 fie time of the Respondent person or entity responding to the Solicitation. Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Response to the Solicitations must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10..00 A.M. local time (the -Closing Date') on April 8, 2020 at 10 AM. 133 A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City .Hall, 6130 Sunset Drive, South Miami 33143. Any_Response to Jhe,Spliritation rgoRed after 10:00 a.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Response to the Solicitation is received will be resolved against the person submitting the Response to the Solicitation and in favor of the Clerk's receipt stamp. Hand delivery must be made Monday through Friday from 9 A.M. to 5 P.M., unless a different time is provided above for the Closing Date, to the office of City Clerk A Non -Mandatory Pre -Response Meeting will be conducted at City Hall In the Commission Chambers located at 6130 Sunset Drive, South Miami, FL 33M on March 17, 2D20 at 10:00 AM shall be held regardless of weather conditions. Responses to the Solicitations are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this Solicitation Package. The City reserves the right to award the Project to the person with the most responsive, responsible responses to the Solicitation, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all responses to the Solicitation, and the right of the City to waive any irregularity in the responses to the Solicitation or solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with the mast qualified respondent who has negotiated the best terms or, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent who is in the top ranking in qualifications and who has negotiated the best tens. NkengaA Payne, CMC City Clark 3111 20-15/0000462719M 134 Member Name City of South Miami Bid Number RFQ-HR2020-05-0-2020/SK Bid Name Insurance Brokerage Services 4 Document(s) found for this bid 12 Planholder(s) found 220 NOTIFIED Supplier Name Addressl City State Zip Attributes Bouchard Insurance 11201 3463 Bee Ridge Rd Sarasota FL 34239 W Cypress Creek Ft Brown & Brown Rd Lauderdael FL 33016 Colonial Life & Accident PO Box 470701 Kissimmee FL 34747 African American Owned, Asian/Hawaiian Owned, Small 7200 W Commercial Business, Woman Cynanotary, LLC Blvd, Ste 203 Lauderhill FL 33319 Owned 4300 Beltway Place, Ste Dodge Data 150 Arlington TX 76018 Florida League of Cities, Inc. PO Box 1757 Tallahassee FL 32302 11505 Fairchild Gardens Palm Beach Gehring Group Ave Gardens FL 33410 Minnesota Life Insurance 400 Robert St N St Paul MN 55101 Public Risk Insurance Agency 220 S. Ridgewood Daytona (PRIA) Avenue Beach FL 32114 Reames Employee Benefits 1540 Cornerstone Blvd., Daytona Solutions Suite 200 Beach FL 32117 1800 M Street, N.W., The Segal Company Suite 900 S Washington DC 20036 20 North Orange World Risk Management Avenue Orlando FL 32801 135 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sund y and Legal Holidays Miami, Miemi-Dede County, Florida STATE OF FLORIDA COUNTY OF MUIMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miaml Daily Business Review flkle Miami Review, a daily (except Selurday, Sunday and Legal Holidays) newspaper, published at Mimi in Miami -Dada County, Florida; that the atf/ched copy of advertisement being a Legal Advertisement of notice in the matter of CI1 Y OF SOUTH MIAMI - VIRTUAL MEETING OF THE CITY COMMISSION -MAY 19, 2020 In the XXXX Court was published in said newspaper in the issues of ATTACHED OS/CS/2020 SEE Affiant further says that the said Miami Daily Business Revew is a newspaper published at Miami, in said Miami -Dada County, Florida and that the said newspaper has heretofore beer continuously published in said Miami -Dade County, Florida ee& day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publcation of the attached copy of advertisement and affiant further says that he or she has neither paid nor promised any person, firm or corporation any dismount, rebate, commission or refund for the purpose of searing this adverfisemant for publication in the said newspaper. 4"nv_ Sworn nd subscribed before me this S MAV, A.D. (SEAL) GUILLERMO GARCIA personalty known to me :N^�,="" �ifR19i1HRLYN;J `TAVC( €,. QOmlalss�f13GG27TlM Expires Neyemb r Ig,2022 bonded ThmTmy Fain lnsusnce 800305.7019 136 Lfi 6 tOR CITY OF S, FLORIDA UTH AMI NOTICE TO THE PURL COOF T EIVIRTUAL MEETING OF THE CITY COMMISSION In accordance with City s South Miami Code, Chapter 286.011, Fla. Stat, and Executive Oder Number 20-69 the City will be holding its City Commission Meeting WRTUALLy The meeting Is scheduled toe begin on May 19, 2020 at 7:00 p.m. to consider the following public hearing ilems: A Resolution authodzln Tuesday Brown f nioren u for Insurancea City Manager to negotiate and enter into a Multi -Year Brokerage Services. Y contract with Brown g A Resolution of the Mayor end Citar y �mmission of the City ofMfaumth Delia Miami, Florida, a nY Manager to execute a multi- Potice department for School Crossing G ocal agreement withd the l Ig the a 9 Guard Services,• il', and the Miami -Dade A Resolution retailing to the review and adoption of the Miami -Dade Local Mfiigagon Strategy. A Resolution relating to a Special U Avenue and 734o SW 61st Court se application to Permita Common' Gar d" den use t 7311 SW g2ntl An Ordinance amending the City of South Miami Code of Ordinances, C the acceptance of campaign contributions in excess of retention and production of documents, a SW 8, Section 9-21 to prohibit naroement, fines and othero regulations. Ono donor and providing for AnCIY Ordinance amending the City of South Miami Code of ordinances COMMITTEE Chapter 2 Titled 'ADMINISTRATION AND CITY GOVrd., to P', Article III titled "BOARDS AND COMMRTEES", mandatory board., to add subsection (c) Use of City Section. 2-21. titled ^Appofnbnents, An Ordinance amending the CityProperty or services, 20-4.4 Off-street Parking of South Miami Land Development Code, Chapter 20, P g requirements and Article Vlll Section 20-8.8 Perking. P Article N, An Ordinance amendingSection Sections 20.7.6 - the City of South Miami Land Development Code, Chapter 20 20-8.8 - 9 PaHang'20-Z42- Permitted add special uses and parking, P Article VII, 9, 20-8.5 - Commercial use, and An Ordinance amending Chapter 20, Article II, Section 20-2.31 "Definftions" to add Affordable Housing Housinrelateg, definitions, Article IV, Sections 20-4,g titled 'Reserved" to create a new cat o Housing" and related regulations, Article Vill, Sections 20-82, 20-8.4, 20-8.8, and 20- , the ed of South Miami Cade of Ordinances, all to consolidate, add to and to 0-8.1 an titled io IfOdabte related definitions end to, a 81D and Soctlo11 7.32 of It relates to impact fees and development bonusesmwde additional requirements for aryo dableble housingfas A3 souifl Miatn', - vir4tal Mee�iv,9 of-4he, " (ommmssior) NOTE: Location'Map applies to all items below 1 Fl 73RD W r i I H SW 74TR An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive Plan Future land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development District (TODD) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally described herein. An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code modifying Article 11, Sections 20-3.1(A) and (8) and 20-3.3(D), Article WI, Section 20-7.2, and Article Vlll, Sections 20-8.1 through 20-8.17 in order to create a new zoning subcategory, Transit -Oriented Development District Mixed -Use Market (TODD MU-M). An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented Development District Mixed -Use Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally described herein. The members of the City Commission; the applicant, the applicant's attorney and witnesses and City staff will participate by video conferenckig through the Zoom platform and members of the public may join the meeting via Zoom at (httnsl/Zoom.usN3056636339) and participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available Including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which Is set forth in the meeting notice posted at City Hall and at httpY/www southmlemi8 gov/580/Publi —M—eetings-Notices Anyone who wishes to review pending application and supporting documentation in person must make an appointment by calling 305-663-6340. Please note that Governor DeSar is's Executive Order Number 20-69 suspended the requirements of Section 166.045, Fla Stat, that a quorum to be present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 286.0105, a person who detide$ to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA. To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442-16DO (MfTDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne6southmiami0.gov. 5/8 Nkenga A. Payne, CMC City Clerk 20-27/0000469691M 138 3I3 165E NEIGHBORS SU DAY MAY 102020 MIAMMERALO.(OM In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number 20-69, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, May 19, 2020 at 7:00 p.m. to consider the following public hearing items: A Resolution authorizing the City Manager to negotiate and enter into a multi -year contract with Brown & Brown Insurance for Insurance Brokerage Services. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute a multi -year inter -local agreement with Miami -Dade County, and the Miami -Dade Police department, for School Crossing Guard Services." A Resolution relating to the review and adoption of the Miami -Dade Local Mitigation Strategy. A Resolution relating to a Special Use application to permit a Community Garden use at 7311 SW 62nd Avenue and 7340 SW 61st Court. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 9, Section 9-11 to prohibit the acceptance of campaign contributions in excess of $250 from anyone donor and providing for retention and production of documents, enforcement, fines and other regulations. An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2 Titled "ADMINISTRATION AND CITY GOVERNMENT', Article III titled "BOARDS AND COMMITTEES", Section. 2-21. titled "Appointments; mandatory board." to add subsection (c) Use of City property or services. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.4 Off-street parking requirements and Article Vill, Section 20-8.8 Parking. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article VII, Sections 20-7.6 - Parking, 20-7.12 - Permitted and special uses and parking, 20-8.5 - Commercial use, and 20-8.8 - Parking. An Ordinance amending Chapter 20, Article 11, Section 20-2.3, "Definitions" to add Affordable Housing related definitions, Article IV, Sections 20-4.9 titled "Reserved" to create a new category titled "Affordable Housing" and related regulations, Article Vill, Sections 20-8.2, 20-8.4, 20-8.8, and 20-8.10 and Section 7-3.2 of the City of South Miami Code of Ordinances, all to consolidate, add to and to clarify affordable housing related definitions and to, among other things, provide 139 additional requirements for affordable housing as it relates to impact fees and development bonuses. SUNDAY MY 19; UO NEIGHBORS I 17SE MIAMIHERALgQui An Ordinance providing for a Small -Scale Map Amendment amending the City of South Miami Comprehensive Plan Future Land Use Map from Mixed -Use Commercial/Residential to Transit -Oriented Development District (TODD) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally described herein. An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code modifying Article II, Sections 20-3.1(A) and (B) and 20-3.3(D), Article VII, Section 20-7.2, and Article Vill, Sections 20-8.1 through 20-8.17 in order to create a new zoning subcategory, Transit -Oriented Development District Mixed -Use Market (TODD MU-M). An Ordinance pursuant to Section 20-5.7 of the Land Development Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Neighborhood Retail (NR) to Transit -Oriented Development District Mixed -Use Market (TODD-MU-M) on a 1.9-acre property known as the Winn -Dixie site located at 5850 SW 73rd Street and 7331 SW 59th Avenue and as legally described herein. The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (httos:/izoom.us/i/3056636338) and participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at httr)://wm.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting documentation in person must make an appointment by calling 305-663-6340. Please note that Governor De Santies Executive Order Number 20-69 suspended the requirements of Section 166,045, Fla. Stat., that a quorum to be present in person, and that a local gmemment body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local governmer; bodies. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board. Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required W have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA. To request a modification to a policy, practice or proeecture or to request an auxiliary aide or service In order to participate in a City program, activity or event, you must an or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305�442-1600 n1`Y)TDD) or by mail at 6130 Sunsel Drive. South hl +i, Florida or email at upaynessculhmiamifl.gov. Nkenga A. Payne, CMC 140 City Clerk