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2013-28419 Resor RESOLUTION NO. 2013-28419 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR AN INSURANCE BROKER OF RECORD, FOR PROPERTY AND LIABILITY INSURANCE AS NEEDED FOR THE CITY OF MIAMI BEACH, FLORIDA; AND AUTHORIZING A MONTH-TO-MONTH EXTENSION TO ARTHUR J. GALLAGHER AND CO. AGREEMENT UNTIL A NEW CONTRACT IS AWARDED AND EXECUTED WHEREAS, on December 10, 2008, the City Commission approved Resolution No. 2008-26965, authorizing the City to enter into a professional services agreement with Arthur J. Gallagher and Co. to provide insurance broker of record services (the Agreement) ; and WHEREAS, on January 25, 2014, said Agreement will expire and the City is seeking to solicit proposals for an agent/broker to be selected as the City's Broker of Record; and WHEREAS, the Administration requests authorization to issue the attached Request for Qualifications (RFQ) for an Insurance Broker of Record, for Property and Liability Insurance, and further requests that the City Commission approve a month-to-month extension of the City's current Agreement with Arthur J. Gallaher and Co., until such time as a new contract is awarded and entered into. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the issuance of a Request for Qualifications for an Insurance Broker of Record, for Property and Liability Insurance, and further approve and authorize a month-to-month extension of the City's current Agreement with Arthur J. Gallagher and Co. until such time as a new contract is awarded and entered into. PASSED AND ADOPTED this day of L2&Lj&2,0 3. ATTEST: l Rafael Vanado. Citv Phil' L ayor T:\AGENDA\20130 A Pro e t�l3r6ie a \RFQ Broker of Record Resolution.doc ' CFF APPROVED AS TO FORM &LANGUAGE FO CUTION &X7, Attom Date COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Issue A Request For Qualifications (RFQ) For An Insurance Broker of Record For Property And Liability Insurance. Key Intended Outcome Supported: Improve the City's overall financial health and maintain overall bond rating; ensure expenditure trends are sustainable over the long term Item Summa /Recommendation: On December 10, 2008, the Mayor and City Commission approved a new professional services agreement for broker services, with Arthur J. Gallagher and Co. for a period of three (3) years with two (2), one-year options to renew. This agreement expires January 25, 2014. Although this Item was advertised with a $25,000 Brokerage Fee, the City and the selected broker agreed to an alternative fee arrangement. The arrangement eliminated the $25,000 cost to the City. The broker negotiated with insurers on our accounts, from whom they got competitive rates and compensation. This is a common industry practice, and compensation received by the broker is disclosed to the City at renewal of its programs. The compensation generally ranges from 2-3% of the insurance coverage The City self-insures for most liability exposures and worker's compensation. The City currently purchases the following insurance utilizing the services of an insurance broker: Exposure/Type Annual Premium Property (All Risk- includes windstorm with $ 1,455,787 sub-limit of$10million) Boiler and Machinery $ 16,332 Flood (NFIP) $ 361,104 Under Ground Storage Tank $ 5,023 Fine Arts (including special exhibits) $ 44,005 Crime $ 2,615 It is the City's intent, through the referenced RFQ, to solicit proposals for an agent/broker to be appointed Broker of Record for a three (3) year period, with two (2), one-year options to renew, for the above listed insurance requirements. In the event that the City would require insurance coverage in addition to those stated above, the City will have the option of acquiring through the selected broker of record. RECOMMENDATION Based on the aforementioned, the Administration recommends that the Mayor and City Commission approve the issuance of an RFQ for the broker services, and authorize a month-to-month extension to Arthur J. Gallagher and Co. agreement until a new contract is executed. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 N/A 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: Department Dir for As ant City Manager City Manager . SC-T AD KGB J LM, TAAGENDA\2013 0ecember 11\Procurement\RFP for Broker of Rcd-Commission Item Summ doc AGENDA ITEM G?6 MIAMIBEACH DATE 1021 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of th City Co ission FROM: Jimmy L. Morales, City Manager DATE: December 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR A D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AU ORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR AN INSURANCE BROKER OF RECORD, FOR PROPERTY AND LIABILITY INSURANCE AS NEEDED FOR THE CITY OF MIAMI BEACH, FLORIDA; AUTHORIZING A MONTH- TO-MONTH EXTENSION TO ARTHUR J. GALLAGHER AND CO. AGREEMENT UNTIL A NEW CONTRACT IS EXECUTED ADMINISTRATION RECOMMENDATION Approve the issuance of the RFQ. BACKGROUND On December 10, 2008, the Mayor and City Commission approved Resolution # 2008-26965, authorizing the City to enter into a professional services agreement for insurance broker services with Arthur J. Gallagher and Co. for a period of three (3) years with two (2), one-year options to renew. This agreement will expire January 25, 2014. Although this Item was advertised with a $25,000 Brokerage Fee, the City and the selected broker agreed to an alternative fee arrangement. The arrangement eliminated the $25,000 cost to the City. The broker negotiated with insurers on our accounts, from whom they got competitive rates and compensation. This is a common industry practice, and compensation received by the broker is disclosed to the City at renewal of its programs. The compensation generally ranges from 2-3% of the insurance coverage. The City self-insures for most liability exposures and worker's compensation and currently purchases the following insurance utilizing the services of the insurance broker, Arthur J. Gallagher and Co. Exposure/Type Annual Premium Property (all risk: includes windstorm with $ 1,455,787 sub-limit of$10 million) Boiler and machinery $ 16,332 Flood (NFIP) $ 361,104 Underground storage tank $ 5,023 Fine arts (including special exhibits) $ 44,005 Crime $ 2,615 Commission Memorandum—RFQ Broker of Record December 11, 2013 Page 2 of 2 SCOPE OF SERVICES The City requires that the selected broker/agent provide, at a minimum, the following professional services related to the City's property, boiler and machinery, environmental, liability or other lines of insurance coverage, as needed: Provide assistance to the City's Risk Manager in determining the City's commercial insurance needs. Prepare reports informing the City's Risk Manager regarding insurance market conditions that may affect the City's insurance policies and risk exposures prior to policy renewal. Prepare bid specifications and underwriting data (subject to the approval of the City's Risk Manager) to submit to acceptable insurance markets for the purpose of obtaining quotations for insurance coverage. Upon direction from the City, approach all acceptable insurance companies on behalf of the City, and obtain written, competitive quotes for insurance coverage. A complete list of the companies contacted, along with their response, must also be submitted. Present to the City all insurance coverage proposals obtained. This report must contain a comprehensive analysis by the broker of the proposals obtained with recommendations for the selection of one proposal for the particular risk to be covered. Negotiate, on behalf of and with direction from the City, with insurance carriers to obtain the best prices, terms and conditions available. Review all insurance policies and invoices received for insurance policies purchased by the City to assure their accuracy and appropriateness. Review and evaluate existing City insurance policies to provide recommendations for possible improvement of price, terms, and conditions. Service existing insurance policies as necessary. This includes, but is not limited to, issuing certificates of insurance to provide evidence of coverage, promptly making policy changes and obtaining endorsements. Report any claims to the insurance carrier and monitor the handling and disposition of the claim to assure the City's insurance policy rights are protected. Provide an annual report summarizing all insurance coverage in place, anticipated market conditions, recommendations and strategies. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission authorize the issuance of a Request for Qualifications (RFQ) for an Insurance Broker of Record, for Property and Liability Insurance as needed for the City of Miami Beach, Florida, and authorize a month-to-month extension to Arthur J. Gallagher and Co. contract until a new contract is executed. Attach ent JLM/ B/SC-T TAAGENDA\2013\December 11\Procurement\Broker of Record\Commission Memo-RFQ for Ins Broker of Rcd.doc REQUEST FOR QUALIFICATIONS (RFQ) RFQ 2014-056MF INSURANCE BROKER OF RECORD FOR PROPERTY AND LIABILITY INSURANCE AS NEEDED FOR THE CITY OF MIAMI BEACH � M I AM I B EAC H DEPARTMENT OF PROCUREMENT MANAGEMENT, 3RD Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7490 IM4W MIAMIBEACH RFQ 2014-056MF INSURANCE BROKER OF RECORD FOR PROPERTY AND LIABILITY INSURANCE TABLE OF CONTENTS Section I Overview& Proposal Procedures ........................... 3 Section II Minimum Qualifications Requirements .................... 7 Section III Scope of Services .................................................. 7 Section IV Proposal Format .................................................... 8 Section V Evaluation/Selection Process.................................. 9 Section VI Special Terms& Conditions: Insurance .................. 10 Section VII General Conditions .............................................. 11 Section VIII Appendices: A- Proposal Certification, Questionnaire& .............. 13 Requirements Affidavit(Under Separate Cover) MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4003 PUBLIC NOTICE Sealed proposals, as detailed herein,will be received until 3:00 PM on,January 17, 2014, at the following address: City of Miami Beach City Hall Department of Procurement Management—Third Floor Attn: Marta Fernandez-Rubio,Procurement Coordinator 1700 Convention Center Drive Miami Beach,Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL,COURIER SERVICE,OR ANY OTHER ENTITY OR OCCURRENCE. The City utilizes PublicPurchase for automatic notification of bidding opportunities and document fulfillment, including the issuance of any addendum to this RFQ. This system allows vendors to register online and receive notification of new bids, addendums and awards. Registration is available through www.publicpurchase.com. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure receipt of any addendum issued to this RFQ. Prospective proposers are solely responsible for assuring they have received any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. Proposers are hereby advised that this RFQ is subject to the following City of Miami Beach code provisions, which may be found on the City of Miami Beach website:www.miamibeachfl.gov/procurement. • CONE OF SILENCE..................................................................... CITY CODE SECTION 2-486 • PROTEST PROCEDURES............................................................ CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS....................................................... CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.................. CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS................................... CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES...................................................................................... CITY CODE SECTION 2-488 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS......... CITY CODE SECTION 2-372 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES............................. CITY CODE SECTION 2-374 All questions or requests for clarifications must be received by the procurement contact named above no later than five(5)calendar days prior to the scheduled RFQ due date. The City Clerk, rafaelgranado @miamibeachfl.gov, must be copied on any question or comment submitted in response to this RFQ. All responses to questions and/or requests for clarifications submitted within the time period provided herein will be sent to Proposers in the form of a written addendum to this RFQ. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY; OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL; OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director 1 I RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305.673.7490 Fax: 786.394.4003 NOTICE OF NO RESPONSE If not submitting a Proposal at this time, please detach this sheet from the RFQ documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Not responding due to workload issues Not responding due to minimum qualifications requirements Not responding due to scope of services Not responding due to project's size and/or complexity OTHER. (Please specify) Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company being removed from the City's bid list. We do do not want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title: Company: Feedback The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on requirements,timelines,and solicitation forms. 2 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance �"O IAtvAl BEACH SECTION I-OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION 1 BACKGROUND The City of Miami Beach is seeking to enter into a professional services agreement for insurance broker services. The City self- insures for most liability exposures and worker's compensation and currently purchases the following insurance utilizing the services of the insurance broker,Arthur J. Gallagher and Co. Exposure/Type Annual Premium Property(all risk: includes windstorm with sub-limit of$10 $ 1,455,787 million) Boiler and machinery $ 16,332 Flood(NFIP) $ 361,104 Underground storage tank $ 5,023 Fine arts(including special exhibits) $ 44,005 Crime $ 2,615 The purpose of this RFQ is to select a qualified insurance broker(s) with whom the City may negotiate a contract for services, including applicable fees or commissions. B. RFQ TIMETABLE The tentative schedule for this RFQ is as follows: RFQ Issued December 12, 2013 Pre-Proposal Meeting January 3,2014 Deadline for Receipt of Questions January 7,2014 Proposals Due January 17,2014 Evaluation Committee Review To Be Determined Tentative Commission Approval Authorizing Negotiations To Be Determined Contract Negotiations Following Commission Approval C. PROPOSAL SUBMISSION DUE DATE An original and ten (10)copies of complete Proposals, plus one electronic copy(CD or flash drive), must be received no later than 3:00 p.m.on the dated stated in Section 1(B),at the following address: City of Miami Beach City Hall Procurement Division--Third Floor 1700 Convention Center Drive Miami Beach,Florida 33139 The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name, address, and RFQ number and title. No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFQ, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL,COURIER SERVICE,OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER THE STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFQ DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. 3 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance 19 MIANAI BEACH D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(B)at 10:00 a.m.at the following address: City of Miami Beach City Hall 4th Floor,City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach,Florida 33139 eac , Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1)Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2)Enter the MEETING NUMBER: 1142644# Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFQ expressing their intent to participate via telephone. E. CONTACT INFORMATION Contact: Telephone: Email: Marta Fernandez-Rubio,CPPB 305-673-7000, Extension 6263 mfernandezrubio@miamibeachfi.gov All questions and/or requests for clarifications pertaining to this RFQ must be made in writing to the Procurement Division.Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at Rafael Gran adona.miamibeachfl.gov,no later than the date specified in the RFQ timetable. F. RESPONSE TO QUESTIONS&ADDENDUM TO RFQ The Procurement contact will issue replies to questions, requests for clarifications, and/or any other corrections or amendments to this RFQ,as he/she deems necessary,in written addenda issued prior to the deadline for responding to the RFQ. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFQ or in any written addendum to this RFQ. Proposers should verify with the Department of Procurement Management prior to submitting a Proposal that all addenda have been received. G. CONE OF SILENCE Pursuant to the City's Cone Of Silence Ordinance, as codified in Section 2-486 of the City Code, proposers are advised that oral communications between the proposer,or their representatives and 1)the Mayor and City Commissioners and their respective staff, or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members,are prohibited. H. MODIFICATIONIWITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date,and letters of withdrawal received after contract award will not be considered. I. RFQ POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFQ; postpone or cancel,at any time,this RFQ process;or waive any irregularities in this RFQ,or in any Proposals received as a result of this RFQ. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals,or any work performed in connection therewith,shall be the sole responsibility(and shall be at the sole cost and expense)of the Proposer,and shall not be reimbursed by the City. 4 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance m I AIAMI BEACH K. EXCEPTIONS TO RFQ Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ,and outline what, if any,alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to(as said term and/or condition was originally set forth on the RFQ). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a),Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30)days after opening of the Proposals, whichever is earlier. M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding,the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to;approved by the City;and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures(Ordinance No. 2002-3344),as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No.2002-3344 shall be barred. 0. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws,ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ(including,without limitation, the Americans with Disabilities Act,Title VII of the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and guidelines). Ignorance of the law(s)on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required,such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances,be considered employees or agents of the City. 5 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance Q 101AM1 BEACH T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws as same may be amended from time to time. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with,and shall be subject to any and all sanctions,as prescribed therein,including,without limitation,disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code as same may be amended from time to time. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein,including rendering their Proposal voidable,in the event of such non-compliance. W. DEBARMENT ORDINANCE This RFQ is subject to, and all Proposers are expected to be or become familiar with,the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code,and as same may be amended from time to time. X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFQ is subject to,and all Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code, and as same may be amended from time to time. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its bid/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others,the conflict of interest,lobbying and ethics laws of the City of Miami Beach and Miami Dade County. Z. AMERICAN WITH DISABILITIES ACT(ADA) Call 305-673-7490 to request material in accessible format; sign language interpreters(five(5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department,at 305-673-7000,Extension 2984. AA. ACCEPTANCE OF GIFTS,FAVORS,SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City,for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 6 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance m Nf, A/NV�l BEACH SECTION II—MINIMUM QUALIFICATIONS REQUIREMENTS In order to be considered, Proposers shall provide evidence of the following minimum requirements: • State of Florida insurance license • Acted as a full-service Agent/Broker for a Florida local government for at least three(3) consecutive years within the past five(5)years,and have expertise in the fields of property and liability insurance programs • Staffed office in the Tri-County region (Miami-Dade, Broward or Palm Beach Counties)with a qualified staff member of the firm to serve as the primary contact for the City of Miami Beach, and a secondary contact to serve in the absence of the primary contact SECTION III—SCOPE OF SERVICES The City requires that the selected broker/agent provide at a minimum, the following professional services related to the City's property, boiler and machinery,environmental, liability or other lines of insurance coverage, as needed: • Provide assistance to the City's Risk Manager in determining the City's commercial insurance needs. • Prepare reports informing the City's Risk Manager regarding insurance market conditions that may affect the City's insurance policies and risk exposures prior to policy renewal. • Prepare bid specifications and underwriting data(subject to the approval of the City's Risk Manager)to submit to acceptable insurance markets for the purpose of obtaining quotations for insurance coverage. • Upon direction from the City, approach all acceptable insurance companies on behalf of the City, and obtain written, competitive quotes for insurance coverage. A complete list of the companies contacted, along with their response,must also be submitted. • Present to the City all insurance coverage proposals obtained. This report must contain a comprehensive analysis by the broker of the proposals obtained with recommendations for the selection of one proposal for the particular risk to be covered. • Negotiate,on behalf of, and with direction from the City with all insurance carriers to obtain the best prices,terms and conditions available. • Review all insurance policies and invoices received for insurance policies purchased by the City to assure their accuracy and appropriateness. • Review and evaluate existing City insurance policies to provide recommendations for possible improvement of price,terms,and conditions. • Service existing insurance policies as necessary. This includes, but is not limited to, issuing certificates of insurance to provide evidence of coverage,promptly making policy changes and obtaining endorsements. • Report any claims to the insurance carrier and monitor the handling and disposition of the claim to assure the City's insurance policy rights are protected. • Provide an annual report summarizing all insurance coverage in place, anticipated market conditions, recommendations and strategies. TERM OF CONTRACT The agreement entered into as a result of this RFQ shall remain in effect for three (3)years; provided that the services rendered by the Bidder during the contract period are satisfactory and that City funding is available as appropriated on an annual basis.The City, through its City Manager, shall have the option to renew this contract for an additional two (2) one-year periods on a year-to-year basis. 7 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance G f1MAMd BEACH SECTION IV—PROPOSAL FORMAT In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Minimum Qualification Requirements Submit detailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Section II. Proposers that do not comply with minimum qualification requirements will be deemed non-responsive and not considered. Experience&Qualifications. Tab 2.1 Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in performing the services sought in this RFQ or a related business,including: • Firm History&Prior Experience • Documentable, proven track record of providing the scope of services similar as identified in this solicitation. • Experience in providing similar scope of services to public sector agencies. Tab 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications.A resume of each individual, including education,experience,and any other pertinent information,shall be included for each Proposal team member to be assigned to this contract. Tab 2.3: Financial Capacity. DUN &BRADSTREET REPORTS.The prospective Provider shall pay D&B to send the Supplier Qualifier Report(SQR) to the prospective Provider and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility of the prospective Provider.The prospective Provider shall request the report from D&B at https://supplierportal.dnb.com/webapp/wcs/stores/servIeUSupplierPortal?storeld=11696 In addition to the D&B information, the City may require proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets(statements of financial position)and statements of profit and loss(statement of net income). When the submittal is from a co venture,each Proposers involved in the co venture must submit financial statements as indicated above Tab 2.4 Proposal Certification,Questionnaire & Requirements Affidavit(Appendix A).Attach Appendix A fully completed and executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other factors, may be assessed. Scope of Services Proposed Submit detailed information on the services provided by the broker/agent that include,at a minimum,the requirements detailed under section III of the RFQ. Include any value-added services not specifically detailed herein but related to the required scope of services. 8 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance m J%11d A.,%Ad BEACH SECTION V—EVALUATION 1 SELECTION PROCESS The procedure for response,evaluation and selection will be as follows: 1. The RFQ will be issued 2. A Pre-Proposal Submission Meeting with potential Proposers will be conducted. 3. All timely received Proposals will be opened and listed. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFQ. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best in h following evaluation criteria: candidate(s)b us the( ) Y 9 9 '9 35 Proposer Experience and Qualifications,including: Experience of Firm Experience of Team Financial Capacity Other Qualifications pursuant to information submitted in Appendix A 35 Scope of Services Proposed 30 Approach and Methodology LOCAL PREFERENCE: The City, through the Procurement Department, will assign an additional five (5) points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The City, through the Procurement Department, will assign an additional five (5) points to Proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise,as defined in the City's Veterans Preference Ordinance. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City,or it may also reject all Proposals. 8. Negotiations between the City and the selected Proposer(s)will take place to arrive at a mutually acceptable Agreement. If the City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked proposer. 9. The final proposed agreement(s)will be presented to the City Commission for approval. 10. If the agreement(s)are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the Proposer(or Proposers)has(or have)done so. BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATIONISELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 9 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance 0 ,1:�1,�YftiBEACH SECTION VI-SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3,d Floor, Miami, Florida 33139, Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 10 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance m f'AIAM BEACH SECTION VII—GENERAL CONDITIONS 1. GENERAL TERMS AND CONDITIONS.It is the responsibility of the Proposer to become thoroughly familiar with the Proposal requirements,terms and conditions of this solicitation. Ignorance by the Proposer of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City,or the compensation to be paid to the Proposer. 2. TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 3. MISTAKES.Reference Section I of this Solicitation. 4. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS.Reference Section I of this Solicitation 5. INTERPRETATIONS.Reference Section I of this Solicitation. 6. LATE SUBMISSION.Reference Section I of this Solicitation 7. LEGAL REQUIREMENTS.Reference Section I of this Solicitation 8. PATENTS&ROYALTIES.The proposer shall indemnify and save harmless the City of Miami Beach,Florida,and its officers,employees,contractors, and/or agents,from liability of any nature or kind,including cost and expenses for,or on account of,any copyrighted,patented,or unpatented invention, process,or article manufactured or used in the performance of the contract,including its use by the City of Miami Beach,Florida. If the proposer uses any design,device or materials covered by letters,patent,or copyright,it is mutually understood and agreed,without exception,that the proposal prices shall include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. 9. OSHA.The proposer warrants to the City that any work,services,supplies,materials or equipment supplied pursuant to this Proposal shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970,as amended,and the failure to comply with this condition will be deemed breach of contract.Any fines levied because of inadequacies to comply with this condition shall be bome solely by the proposer. 10. MANNER OF PERFORMANCE.Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local,State,County,and Federal laws,rules,regulations and codes.Proposer agrees that the services provided shall be provided by employees that are educated,trained,experienced,certified,and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses,permits,registrations,authorizations,or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a material breach of this contract. 11. SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 12. ANTI-DISCRIMINATION.The proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246,as amended by Executive Order 11375,relative to equal employment opportunity for all persons without regard to race,color,religion,sex or national origin. 13. AMERICAN WITH DISABILITIES ACT.Reference Section 12 of this Solicitation. 14. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Proposal Bonds, when required, shall be submitted with the proposal in the amount specified in the Special Conditions. After acceptance of the proposal,the City will notify the successful proposer to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 15. DEFAULT.Reference Section I of this Solicitation. 16. PROTEST. Reference Section I of this Solicitation. 17. CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS:Reference Section I of this Solicitation. 18. ASSIGNMENT.The successful proposer shall not assign,transfer,convey,sublet or otherwise dispose of the contract,including any or all of its right,title or interest therein,or his/her or its power to execute such contract,to any person,company or corporation,without the prior written consent of the City. 19. LAWS,PERMITS AND REGULATIONS.Reference Section I of this Solicitation. 20. ELIMINATION FROM CONSIDERATION.This proposal shall not be awarded to any person or firm who is in arrears to the City upon any debt,taxes,or contracts which are defaulted as surety or otherwise upon any obligation to the City. 21. COLLUSION. Where two (2) or more related parties each submit a proposal or proposals for any contract, such proposals or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such proposal or proposals."Related parties"means proposer s or the principals thereof which have a direct or indirect ownership interest in another proposer for the same contract,or in which a parent company or the principals thereof of one(1)proposer have a direct or indirect ownership interest in another proposer for the same contract.Proposal or proposals found to be collusive shall be rejected. Proposers who have been found to have engaged in collusion may also be suspended or debarred,and any contract resulting from collusive proposal ding may be terminated for cause. 11 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance APPENDIX A I A A. MIA/01 BEF�XCI I Proposal 0 Quest*ionnaire Requirements avi RFQ 2 For Insurance Broker of Record for Property and Liability Insurance DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive,Third Floor Miami Beach, Florida 33139 12 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance m !',,',.1 APVd BEACH Solicitation No: Solicitation Title: Insurance Broker of Record for Property and Liability Insurance RFQ 2014-056 Procurement Contact: Tel: Email: Marta Fernandez-Rubio 305-673-7000 Ext. 6263 mfernandezrubio miamibeachf1. ov PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed with your proposal or within three(3)days of request by the City. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 13 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance M_ ;%%,IA!\.`,I BEACH OF 2. Miami Beach Based(Local)Vendor. Is proposer a Miami Beach based firm? 0 YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. 3. Veteran Owned Business. Is proposer a veteran owned business? 0 YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to City Code Section 2-347. 4. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If "No"litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 5. References& Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three(3)references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 6. Suspension, Debarment or Contract Cancellation.Has proposer ever been debarred suspended or other legal violation or had a contract cancelled due to non-performance by any public sector agency? 0 YES 0 NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein, including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in this Solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. 9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business 14 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance 01 ,%A A/V l BEACH Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. tome,9. Living Wage. Pursuant tG SeGtOE)n 2 408 of the Miami E3eaGh City GE)de, as same may be amended from time to proposers shall be requiFed to pay all employees who provide 6eFV'Ges pul:suallt tE) this Agreement, the hourly I'ViRg wage rates listed elegy GGmmenG!Rg With City fiGGal yeaF 2013-14 (C)Gteber 1, 2013), the hourly living rate will be $11.29/h w0th health benefits,and$17 Q7/hr w5tho„+benefits Labor's The living wage rate and health Gare benefits rate may, by Rese!UtiGR of the City Gemmissien be indexed anRually for usiRg the GGRGUMeF PFiGe lRdex for all Urban GGRGurners (GPI U) MiamiiFt. Lauderdale, issued by the U.S. Department of Netwithstanding the 0 may also, by FeS9161tiOR, e'eGt ROt tO index the !mV*Rg wage rate OR aRy paFt!G6Ilar yeaF, if it determiRes it would not be fiSGally ,failure tO GOMPly With tho I . . hall be deerned a material breaGh uRdeF this bid, URdeF whiGh the Gity ma City's and fines, as previded iR the SUBMITTAL REQUIREMENT; No add'tmonal submittal is required. By ViFtUe Of eXeGYt*Rg thiS affidavit dOGUment, Prop agrees to the living wage ren„irement 10. Equal Benefits for Employees with Spouses and Employees with Demest'G Partners. When awardiRg GGMPGtit'Vel!� SOliGited GGRtraGtS valued at ever$100,000 whOSe GentraGtOFS maentaIR 51 Gr meFe fW!time employees OR their payrolls duFiRg 20 eF mere Galendar work weeks, the Equal BeRefits for DE)MeStiG Partners OFdinaRGe 2005-3494. FequireS Gertain GoRtra doiRg b6lSiRess with the City Gf Miami BeaGh, who are awaFded a GeRtFaGt pulnsyant tG GOMpetitive bids, te provide a Sene-fits"to their employees with demeSk partners, as they provide to employees with Gpouses. The(DFd'RanGe applies W employees A-f a Gentrar--ter who W()Fk I.Alithi.n the Gity limits of the City of Miami BeaGh, FIE)Fida; and the , !GGated in the URited States, but Gutside of the City of Miami BeaGh limits, whe are d!FeGtly perfermiRg work oR the GE)RtFaGt A. Dees YOUF GOMpany provide er offer aGGess to aRy beRefits tG employees with spGuses or to speuses of employees? 0YES 0No Bm DOeS YGUF GeMpaRy pFevide E)F effei: aGGeSS to ally b8llefits to employees with (same 9F opposite sex) dernesk PaFtRers*9F to dGM86tiG paFtneFS of employees? 0Y-E-S 040 Gm PleaSe GhGGk all benefits Uh.-At.apply to your-AnSAIP-PS _abeve and list in the "other" SeGt4E)R any additional -h P_-A_Q.fi t%_; A A_t already sper--ified. Note- some -be.ne-Irits @­_ provided to employees beep-dause they have a spelusp.Ar cinmeStOG , BENEFIT F=6rm prevmd Firm Provo es far X 25-RGt Employees Employees 4Gu&es Demeetin Partners Sink I PAVe Family Med'Gal Leave Rerea�iement I ea�ie •, there aFe RIO ) 'deFs'R your area wigi­,, 1: d FnGStiG partneF GGVGrage)you may be eligible far Reasonable Measures rev GOMplianGe. Te GOMPly on this ba.i.-, ...-It agree to pay a Gash equivalent and submit a GE)Mpleted Reasonable 15 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance m ;,VdA/\Ad BEACH In nllnil . 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or 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. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Initial to Initial to Confirm Confirm Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 *If additional confirmation of addendum is required,submit under separate cover. 16 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance G. MIAMI BEACH DISCLOSURE • The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this RFQ,or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFQ,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal,the applicant agrees to deliver such further details,information and assurances,including financial and disclosure data,relating to the Proposal and the applicant including,without limitation,the applicant's affiliates,officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFQ is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the RFQ, all Proposers agree that in the event of a final un-appealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFQ,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFQ,it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFQ and any disputes arising from the RFQ shall be governed by and construed in accordance with the laws of the State of Florida. 17 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance m V`,JA/V,IBEACH PROPOSER CERTIFICATION rre by certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's al; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, ve of this Solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, e Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and ions contained in the Solicitation, and any released Addenda and understand that the following are requirements Solicitation and failure to comply will result in disqua lification of proposal submitted; Proposer has not divulged,sed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any roposal; proposer acknowledges that all information contained herein is part of the public domain as defined by te of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, ve of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: ATTEST: State of: County of: On this day of 20 , personally appeared before me who stated that (s)he is the of a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: 18 1 RFQ 2014-056,Insurance Broker of Record for Property and Liability Insurance