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Contract 2022-104ADocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 2022-104 AGREEMENT No. 2022-104 FOR INSURANCE AND RISK MANAGEMENT SERVICES THIS AGREEMENT, is made and entered into this 27th day of September 2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and FLORIDA LEAGUE OF CITIES, INC. whose address is: 125 East Colonial Drive, Orlando, FL 32801, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issued RFP 22-031 titled Insurance and Risk Management Services; WHEREAS, CONTRACTOR submitted its response dated July 21, 2022, to RFP 22-031; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFP 22-031 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1 — SCOPE OF WORK The CONTRACTOR shall provide insurance coverages and risk management services as described in CITY's RFP 22-031 and CONTRACTOR's July 21, 2022 response thereto, which are expressly incorporated herein and made a part of the Agreement Documents hereto, and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. ARTICLE 2 — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement Documents and the Unit Price Schedule an amount in accordance with the compensation schedule set forth in Exhibit "A" under the Proposed Premium for Current Coverage, attached hereto and incorporated herein. ARTICLE 3 — TERM AND TERMINATION 3.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect for a period of three (3) years thereafter unless terminated or renewed as provided for herein. 3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written 1 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for three (3) additional one (1) year terms. Sixty (60) days prior to completion of each extended term of this Agreement, the CONTRACTOR may request and the City may consider an adjustment to price based on changes in the Consumer Price Index (CPI). ARTICLE 4 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 5 — DISPUTE RESOLUTION - MEDIATION 5.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 5.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes, and other matters in question between them by mediation. 5.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE 6 — INSURANCE AND INDEMNIFICATION RIDER 6.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for 2 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 6.2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 6.3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article.; however, this indemnification 3 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE 7 — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Florida League of Cities, Inc. 125 East Colonial Drive Orlando, FL 32801 Attn: Clay Austin, Director of Trust Services OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 8 — MISCELLANEOUS 8.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 8.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or 2 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 8.3. Severability — If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 8.4. Amendment — Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 8.5. Entire Agreement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 8.6. Assi ng ment — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 8.7. Venue — The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 8.8. Applicable Law — This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 8.9. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law 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. 5 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. (e) 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, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE 9 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 9.1. This Agreement 9.2. Purchase Order / Notice To Proceed 9.3. All documents contained in City of Clermont RFP 22-031 and any amendments thereto. 9.4. CONTRACTOR's July 21, 2022 response to RFP 22-031. 71 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 12th day of September 2022. CITY OF CLERMONT DocuSigned by: 1 492DS 2BA7692F758C... Tim Murry, Mayor ATTEST: E DocuSigned by: Aa"y-� R-wt 3AD7F34905B344A... Tracy Ackroyd Howe, Ci FLORIDA LEAGUE OF CITIES, INC. Do� by: Bv: F6DF58DF3ADE4DC... (Signature) Print Name: Clay Austin Title: Director of Insurance Member Services Date: 9/8/2022 7 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 EXHIBIT A Alternative Alternative Proposed Proposed Alternative Proposed Premium Deductible Alternative Proposed Premium Line of Coverage Deductible Current Limit Proposed Premium for Current Coverage Deductible Nl #1 rig M2 Please complete the "Colored Sections" below with your proposed deductible and/or premium. If the "Alternative Proposed Deductible" section is colored, the City is open to other/recommended alternatives. General/Professional Liability General Liability / Professional Liability $ $ 2,000,000.00 $ 94,205.00 $ 1,000.00 $ 92,574.00 $5,000 $ 87,702.00 Broad Form Property Damage $ $ 500,000.00 Included / No additional cost $ 1,000.00 Included / No additional cost $5,000 Included / No additional cost Extra Contractual Legal Expense $ $ 100,000.00 Included / No additional cost $ 1,000.00 Included / No additional cost $5,000 Included / No additional cost Fire Legal Liability $ $ 500,000.00 Included / No additional cost $ 1,000.00 Included / No additional cost $5,000 Included / No additional cost Medical Attendant's/Medical Director's Malpractice $ $ 2,000,000.00 Included / No additional cost $ 1,000.00 Included / No additional cost $5,000 Included / No additional cost Errors and Omissions Liability $ $ 2,000,000.00 $ 154,065.00 $ 1,000.00 $ 153,501.00 $5,000 $ 150,542.00 Employment Practices Liability $ $ 2,000,000.00 Included in E&O Liability premium $ 1,000.00 Included in E&O Liability premium $5,000 Included in E&O Liability premium Employee Benefits Program / Admin $ $ 2,000,000.00 Included in E&O Liability premium $ 1,000.00 Included in E&O Liability premium $5,000 Included in E&O Liability premium Law Enforcement Liability (97 FT w/arrest, 5 w/a arrest 15 volunteers, 10 clerical, 2 dos) $ $ 2,000,000.00 $ 75,622.00 $ 1,000.00 $ 75,227.00 $5,000 $ 73,427.00 BREACH RESPONSE & CYBER LIABILITY AND SUB -COVERAGES: Full prior acts is provided. As of fund year 2019, per -claim retention is $35,000 or the General/Professional Liability per -occurrence deductible, whichever is less. Breach Response & Cyber liability (claims made & reported) -per claim Except no deductible for Criminal Reward. $ 6,253.00 Include quote for higher limit at $2,000,000 $ 8,753.00 Include quote for higher limit at $5,000,000 $ 205,000.00 Breach Response Services (Per occurrence and aggregate limit, in addition to Cyber Included in Breach Response & Cyber Liability Limit) $ - $ 1,000,000.00 Liability premium Included in Breach Response & Cyber Cyber Liability $ - $ 1,000,000.00 Liability premium Included in Breach Response & Cyber Criminal Reward (each loss) $5,000 Liability premium Included in Breach Response & Cyber First Party Business Interruption Loss $35,000 retention/incident $1,000,000 Liability premium Included in Breach Response & Cyber First Party Cyber Extortion Loss $35,000 retention/incident $1,000,000 Liability premium Included in Breach Response & Cyber First Party Data Recovery Costs $35,000 retention/incident $1,000,000 Liability premium Included in Breach Response & Cyber Data & Network Liability $35,000 each claim $1,000,000 Liability premium Included in Breach Response & Cyber Regulatory Defense & Penalties $35,000 each claim $1,000,000 Liability premium Included in Breach Response & Cyber Payment Card Liabilities & Costs $35,000 each claim $1,000,000 Liability premium Included in Breach Response & Cyber Media Liability $35,000 each claim $1,000,000 Liability premium Included in Breach Response & Cyber E-Crime- Fraudulent Instruction $35,000 each loss $100,000 Liability premium Included in Breach Response & Cyber E-Crime- Funds Transfer Fraud $35,000 each loss $100,000 Liability premium Included in Breach Response & Cyber E-Crime - Telephone Fraud $35,000 each loss $100,000 Liability premium Included in Breach Response & Cyber E-Crime -Criminal Reward each loss $0 $5,000 Liability premium Crisis Intervention Expense Endorsement $25,000 Included / No additional cost Included / No additional cost. *Refer to the $10,000 per affected property bottom of this Cost of Services form for Sewer Line Backup/Initial Cleanup $200,000 aggregate per Trust covered year coverage clarification. Refer to Notice of Change in Policy Terms Florida Municipal Insurance Trust (FM IT) 2022-2023 Coverage Year document behind Tab G Cost of Services for Specify any deviations from requested General Liability coverage: clarifications. 33 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 Alternative Alternative Proposed Proposed Alternative Proposed Premium Deductible Alternative Proposed Premium Line of Coverage Deductible Current Limit Proposed Premium for Current Coveraee Deductible N3 #1 #2 M2 Please complete the "Colored Sections" below with your proposed deductible and/or premium. If the "Alternative Proposed Deductible" section is colored, the City is open to other/recommended alternatives Uninsured Motorists Protection n/a n/a n/a Personal Injury Protection $ 10,000.00 Included in Automobile Liability premium Auto Medical Pa ments $ 2,000.00 Included in Automobile Liabilityremium Auto Physical Damage 321 Vehicles $500 n/a $ 103,803.00 Total Automobile & Physical Damage $ 197,556.00 Refer to Notice of Change in Policy Terms Florida Municipal Insurance Trust (FMIT) 2022-2023 Coverage Year document behind Tab G Cost of Services for Soecifv anv deviations from reauested Automobile Liabilitv & Phvsical Damage coverage: clarifications. 34 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 Line of Coverage Deductible Current Limit Proposed Premium for Current Coverage Alternative Proposed Deductible 41 Alternative Proposed Premium q1 Alternative Proposed Deductible q2 Alternative Proposed Premium #2 Property & Allied Coverages Please complete the "Colored Sections" below with your proposed deductible and/or premium. If the "Alternative Proposed Deductible" section is colored, the City is open to other/recommended alternatives. Real Property (replacement cost, blanket) $ 1,000.00 $100,000,000 $ 298,897.00 $5,000 $ 314,992.00 $10,000 $ 309,513.00 Personal Property $ 1,000.00 included Included in Real Property premium $5,000 Included in Real Propertypre $10,000 Included in Real Property remium Named Storm Deductible 2% Included in Real Property premium Indicate lower deductible and premium cost Non-scheduled PITO Sublimit $ 500,000.00 Included in Real Property remium Business Income $ $ 500,000.00 Included / No additional cost Extra Expense $ $ 1,000,000.00 Included / No additional cost Inland Marine (Actual Cash Value, inc. blanket cov) per schedule, $500 or $1,000 $1,627,269 Included in Real Property premium Valuable Papers $ $ 500,000.00 Included / No additional cost Accounts Receivable $ $ 500,000.00 Included / No additional cost Crime (including volunteers) $ 500,000.00 Indicate alternative recommended limits and deductibles. Inside Theft and Money & Securities $ $ 25,000.00 Included in Real Property premium Outside of Premises $ $ 100,000.00 Included in Real Property remium Forgery or Alteration $ $ 250,000.00 Included in Real Property premium Computer & Funds Transfer Fraud $ $ 250,000.00 Included in Real Property remium Bond - Faithful Performance Blanket Fond $ $ 250,000.00 Included in Real Property premium Bond - Finance Director $ $ 250,000.00 Included in Real Property remium Employee Theft- Per Loss Coverage $ $ 250,000.00 Included in Real Property premium Money Orders & Counterfeit Currency $ $ 250,000.00 Included in Real Property remium Terrorism $ 25,000.00 $ 5,000,000.00 Included/ No additional cost $5,000 DEDUCTIBLE: $25,000 per Occurrence or the deductible amount described on the Property, Allied Lines and Crime Declaration Page, whichever is greater. $10,000 DEDUCTIBLE: $25,000 per Occurrence or the deductible amount described on the Property, Allied Lines and Crime Declaration Page, whichever is greater. Terrorism Crisis Management Costs $ $ 250,000.00 Included / No additional cost Electronic Data $ 250,000.00 Included / No additional cost Pollutant Clean Up and Removal $ $ 100,000.00 Included / No additional cost New Acquired Property $2,000,000 Building per location and $500,000 Personal Property per location (Property locations valued less than $2.5 million will be added to a member's property schedule via a non -premium bearing endorsement far the current policy period if the property was acquired after the inception date of the current policy.) $ 2,500,000.00 Included/ No additional cost Business Personal Property $ included Included in Real Property premium Personal Effects/Property of Others $ 50,000.00 Included / No additional cost Valuable Papers $ 500,000.00 Included / No additional cost Property Off Premises $ $ 250,000.00 Included / No additional cost Outdoor Property $10,000 or $25,000 and $100,000 aggregate Included / No additional cost Non -owned detached trailers $50,000 aggregate Included / No additional cost Flood Limit (per occurrence, in the aggregate) *Flood Zones A & V deductible is excess of NFIP ($500,000 per building). Other Flood Zones (B, C, X) - All Other Perils (AOP) deductible or other flood limits purchased, whichever is greater, per occurrence. I See notes in left column. $ 5,000,000.00 Included/ No additional cost Piers/Wharves/Docks Wind Coverage: City currently purchases this coverage 3%or $10,000 minimum, whichever greater $ 700,469.00 $ 19,950.00 Number of employees who handle cash = 34 Equipment Breakdown per schedule Included in Real Property premium $ 5,000.00 Included in Real Property premium $ 10,000.00 Included in Real Property premium Data Restoration $ 500,000.00 Included in Real Property premium $ 5,000.00 Included in Real Property premium $ 10,000.00 Included in Real Property premium Expediting Expense $ 1,000,000.00 Included in Real Property premium $ 5,000.02 Included in Real Property premium $ 10,000.00 Included in Real Property premium Fungus, Wet Rot, Dry Rot, and Bacteria $ 25,000.00 Included in Real Property premium $ 5,000.00 Included in Real Property premium $ 10,000.00 Included in Real Property premium Hazardous Substances $ 500,000.00 Included in Real Property remium $ 5,000.00 Included in Real Property remium $ 10,000.00 Included in Real Property remium Spoilage $ 500,000.00 Included in Real Property premium $ 5,000.00 Included in Real Property premium $ 10,000.00 Included in Real Property premium Specify any deviations from requested Property & Allied coverages: Property & Allied Coverages deductibles depend on what is dictated in the FMIT Property coverage agreement polity forms, endorsements and coverage extensions. Refer to Notice of Change in Policy Terms Florida Municipal Insurance Trust (FMIT) 2022-2023 Coverage Year document behind Tab G Cost of Services for clarifications. 35 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 Line of Coverage Deductible Current Limit Proposed Premium for Current Coverage Alternative Proposed Deductible Nl Alternative Proposed Premium ql Alternative Proposed Deductible rig Alternative Proposed Premium M2 Workers' Compensation & Employer's Liability (projected total payrofl$26,288,771) $ Statutory $ 305,726.00 Please complete the "Colored Sections" below with your proposed deductible and/or premium. If the "Alternative Proposed Deductible" section is colored, the City is open to other/recommended alternatives. Bodi ly I nury by Accident $ $ 1,000,000.00 Included in Work Comppremium Bodily Injury by Disease- policy limit $ $ 1,000,000.00 Included in Work Comp premium Bodily Injury by Disease - each employee $ $ 1,000,000.00 Included in Work Comp premium Specify any deviations from requested Workers' Compensation & Employer's Liability coverage: No deviations. 36 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 Alternative Alternative Proposed Proposed Alternative Proposed Premium Deductible Alternative Proposed Premium Line of Coverage Deductible Current Limit Proposed Premium for Current Coverage Deductible 41 q1 q2 #2 Pollution & Remedial Legal Liability (retro date-10/1/1998) $ 10,000.00 $ 1,000,000.00 $ 7,473.00 Soecifv anv deviations from reauested Pollution Liabilitv coveraee: No deviations. 772.08 I Saecifv anv deviations from requested Storaee Tank Liabilitv coveraee: No deviations. pi.... r .i.fu thu "fnlnroel Cnrtinne" hnlnw with — .... el n i­ If thu "alfurnafi.,u pm.—d c i..n 1.,v.1—A fhu fife is..... I. n hur/rnr,.mmu.d.d It .... fivuc Loss Control/Risk Control/Safety Services currently included No additional cost /See below Disaster Mitigation Currently included No additional cost /See below Claims Services Currentlyincluded No additional cost/See below Existing Claims Management Currently included No additional cost /See below Legal Costs Currently included No additional cost/See below Explain how legal costs will be handled:I See below Loss Control/Risk Control/Safety Services Refer to Tab D Company Project Experience for thorough risk and safety management experience and services provided to the City at no cost. Disaster Mitigation Refer to Tab D Company Project Experience for thorough details about our FMIT Disaster Preparedness, Response & Recovery Services and TurnKey Recovery" Managed Direct Repair Program provided to the City at no cost. We have been providing disaster mitigation services to our members since 2010 along with FEMA assistance with closeouts. This is the only program integrated with asset survey - property schedule - claims management. All in real time and accessible to City staff. Claims Services Refer to Tab I Work Examples for thorough details about our claims management and legal services. The Florida Municipal Insurance Trust (FMIT) has the highest retained risk, which allows the Florida League of Cities (FLC) staff adjusters to fully adjudicate your claims for ALL lines of coverage. FLC staff adjusters are all conveniently located in Orlando. Existing Claims Management FMIT is your current carrier and manages your current claims. The FMIT would retain these claims if the City terminated coverage and no "run -out" is needed. In addition, the FMIT only writes Occurrence based forms, which will not leave a coverage gap or future unfunded mandate (premium) due to the more limited Claims Made forms used by other programs. Legal Costs Referto Tab I Work Examples for thorough details about our claims management and legal services. Defense costs for all of our coverages are outside the limits of liability coverage chosen. Other programs may have defense costs inside the limit of coverage for Errors & Omissions claims. This type of coverage can severely reduce the limit of liability available in the event damages are awarded against the City. The FMIT will defend the City of Clermont for claims at no additional cost. Loss adjustment expenses, including legal services, will not erode your deductible. This may be different for other insurance pools and/or carriers. -SEWER LINE BACKUP/INITIAL CLEANUP COVERAGE NOTE: FMIT provides coverage as follows - Cleanup Coverage (No -Fault) - $10,000 Occurrence / $200,000 Aggregate and Negligence (At -Fault) — Full General Liability Limit and No Aggregate. 37 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 SECTION — B STATEMENT OF WORK The purpose of this solicitation is to receive viable options from qualified insurance carriers interested in providing the listed below insurance coverages for Fiscal Year 2023 (October 1, 2022 through September 30, 2023). Insurance funds, captive insurers, other types of providers, or insurance carriers with a rating of "A" of above by A.M. Best are preferred. • General Liability/Professional Liability (Errors & Omissions, Employment Practices, Employee Benefits Program, Law Enforcement) • Cyber Liability • Auto Liability • Auto Physical Damage • Property (buildings and personal contents) • Inland Marine • Terrorism • Crime • Equipment Breakdown • Workers Compensation & Employer's Liability • Pollution Liability • Storage Tank Liability • Statutory Accidental Death & Dismemberment for Police & Fire • Statutory Firefighter Cancer Benefit for Firefighters • Fiduciary Liability Fiscal Year 2021 actual full-time/part-time salary expenditures totaled $ 23,261,759.00. Fiscal Year 2022 budgeted full-time/part-time salary expenditures are $25,963,593.00. Projected Fiscal Year 2023 full-time/part-time salary expenditures are $26,288,771.44. The total current insured property values equal $121,174,691.00, and $1,970,457.00 for personal property. The City's Comprehensive Annual Financial Reports and Annual Budgets can be found at: http://www.clermontfl.gov/departments/finance-department/ The current Property & Casualty insurance program is placed through Florida League of Cities/Florida Municipal Insurance Trust. RFP No: 22-031 Page 10 of 37 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 SECTION — B STATEMENT OF WORK All proposals shall be based upon the current insurance conditions provided in Cost of Services spreadsheet which may be downloaded from www.bidsync.com website. Any deviations from the current conditions must be highlighted and indicated. Proposers are encouraged to develop alternative programs they believe would be in the best interest of the City. Expectations of the successful respondent include the following: • Assist in determining appropriate limits and coverage based on the City's exposures. • Make introductions and set up meetings with underwriters upon request. • Act as a liaison/advocate between the City and the underwriters. • Request all information necessary to prepare and submit coverage applications to insurers. • Provide the City with complete insurance policies or binders prior to expiration of old coverage. • If binders are initially provided, the policy must follow within ninety (90) days, provided they are received from the insurance companies. • Representative shall be diligent in their efforts in order to ensure that the policies are issued and delivered in a timely manner. • Issue evidences of property insurance and maintain records of certificates issued on an "as needed" basis. • Provide analysis and recommendations based upon claims review, and be available for claims review meetings. • Safety and Risk Management consultation services. • Property Appraisal services. • Perform other related services on an "as needed" basis. 1 — SEPARABILITY OF COVERAGES Although it is preferred to have all coverage through one company, it is the City's desire to have the flexibility of purchasing all proposed coverages on a "Stand Alone" basis. Those that must be purchased in combination or as part of other coverages should be specifically stated in the proposal(s). If different premiums will apply to coverages when purchased separately, they should be specifically and clearly stated. Unless otherwise stated, it will be assumed that the coverage(s) can be purchased separately. RFP No: 22-031 Page 11 of 37 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 SECTION — B STATEMENT OF WORK 2 — OTHER SERVICES TO BE PROVIDED A representative of the company/agency shall be assigned as a single point of contact for the City of Clermont account. Expectations of the company/agency representative include: • Assist in determining appropriate limits and coverage based on the City's exposures. • Make introductions and set up meetings with underwriters upon request. • Act as a liaison/advocate between the City and the underwriters. • Request all information necessary to prepare and submit coverage applications to Insurers. • Provide the City with complete insurance policies or binders prior to expiration of old coverage. • If binders are initially provided, the policy must follow within ninety (90) days, provided they are received from the insurance companies. • Representative shall be diligent in their efforts in order to ensure that the policies are issued and delivered in a timely manner. • Issue evidences of property insurance and maintain records of certificates issued on an "as needed" basis. • Provide analysis and recommendations based upon claims review, and be available for claims review meetings. • Safety and Risk Management consultation services. • Property Appraisal services. • Perform other related services on an "as needed" basis. 3 — LOSS CONTROL / RISK CONTROL / SAFETY SERVICES The City wishes to utilize the services of the successful respondent. Respondents should include a statement of the intended loss control/risk activities and the frequency of such services. Any additional charges not included in normal policy premiums should be specifically identified by type and frequency of service and specific costs or charges separately stated. Other services desired include Onsite Risk Review, Property Appraisals and periodic coverage review and recommendations. Respondents are requested to submit information regarding all available programs and any applicable costs, if additional and include such cost in the Cost of Services spreadsheet under column D (Proposed Premium for Current Coverage). RFP No: 22-031 Page 12 of 37 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 SECTION — B STATEMENT OF WORK 4 — DISASTER MITIGATION AND RECOVERY / CLAIMS MANAGEMENT If respondent offers any kind of related service program, please include specifics, including program features, costs and length of time offered in Cost of Services spreadsheet under column D (Proposed Premium for Current Coverage). 5 — CLAIMS SERVICES Successful respondents are expected to provide prompt and professional claims services and are requested to submit information regarding claims service and applicable costs, if additional. 6 — EXISTING CLAIMS MANAGEMENT Respondents shall provide a program and procedure for dealing with "run -out" or existing claims at the termination or non -renewal of any contract period. This should include but is not limited to: continued existing claims management and defense, transfer or sell of existing claims to a new carrier or third party, assuming existing claims from an old carrier, and final disposition of existing claims. All associated costs are to be clearly identified Cost of Services spreadsheet under column D (Proposed Premium for Current Coverage). For the purpose and intent of this RFP, existing claims means any style or type of claim with a date of loss prior to October 1, 2022, whether currently reported or not. This procedure or method should be explained in detail by the successful respondent and all potential costs for claims, administration and defense, clearly disclosed and identified. 7 — LOSS REPORTS The City requires that successful respondent(s) submit quarterly loss reports for the line(s) of coverage insured. Reports should be accompanied by a detailed description of individual paid losses and reserves for each claim and should be received by the City of Clermont within thirty (30) calendar days following the end of the reporting period. The total claims (both number of claims and incurred and reserved costs) should be included. In the event of termination of coverage, loss reports shall continue to be furnished until all open claims have been concluded. It may be requested that claim reports be structured by departments or locations. Proposals should Include sample loss runs. 8 — COST ALLOCATION ASSISTANCE Successful respondents are expected to assist the City and provide a sound method of cost allocation based on acceptable industry standards using the premium, exposures, and loss data. Billing premiums should be broken down by lines of coverage with all fees and charges clearly identified and directly associated with a line of coverage. RFP No: 22-031 Page 13 of 37 DocuSign Envelope ID: 8F5D7AOB-110C-4BE3-87AF-BE13130B5832 SECTION — B STATEMENT OF WORK Respondents are encouraged to provide examples of premium and service billing, as well as examples of sound cost allocation methods to aid the City with equitable distribution of the premium cost back into various funds and accounts. 9 — LEGAL COSTS All legal costs including attorney fees are paid by the insurer and are not applied to the deductible. Provide a list of attorneys which will be available to the City. If attorney fees are applied to the deductible or if the City is responsible for the payment of attorney fees, respondent must outline such conditions and fees in Cost of Services spreadsheet under column D (Proposed Premium for Current Coverage). Complete the "Explain how legal costs will be handled" on the following row. 10 — PAYMENT TERMS The preferred method of payment is interest -free on a quarterly basis with invoice showing a detail of all charges. Complete details regarding payment terms, to include any and all finance charges, shall be fully disclosed. 11 — ADDITIONAL INFORMATION The following additional information may be downloaded from www.bidsVnc.com website and it is incorporated hereto by name. • Automobile Schedule as of 6/9/2022 • DFWP and Safety Premium Credit Applications • GL and Auto Loss Runs through 3/31/2022 • GL and WC Renewal Worksheet • Inland Marine Schedule as of 6/9/2022 • Pollution Liability Schedule as of 7/9/2021 • Property Schedule as of 6/7/2022 • Stop Loss Deductible Report as of 3/31/22 • Workers Compensation Experience Rating as of 10/1/2021 • Workers Compensation Loss Runs through 3/31/2022 END OF SECTION — B RFP No: 22-031 Page 14 of 37