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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-217Temp. Reso. #10634 September 13, 2004 Page 1 Revision 1 - September 13, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- ,2/'7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD RFP 04-27R, WORKERS' COMPENSATION INSURANCE, EMPLOYER'S LIABILITY INSURANCE AND CLAIMS ADMINISTRATION WITH THE FLORIDA MUNICIPAL INSURANCE TRUST FOR A ONE (1) YEAR PERIOD BEGINNING OCTOBER 1, 2004 AT A COST OF $459,476 AND PAYMENT OF ANY INCREASE RESULTING FROM THE ANNUAL PREMIUM AUDIT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Workers' Compensation Insurance, Employer's Liability Insurance and Claims Administrative Service is scheduled to expire with Florida Municipal Insurance Trust (FMIT) on October 1, 2004; and WHEREAS, a Request for Proposal (RFP) for the City's Workers' Compensation Insurance, Employer's Liability Insurance, and Claims Administration Service was issued; and WHEREAS, on August 19, 2004 the City received four proposals from: Johns Eastern, the FMIT, Multi -Line Claims Service, and the Public Risk Insurance Agency (PRIA); and WHEREAS, the City Manager appointed a proposal evaluation committee consisting of the Fire Rescue Division Chief, the Benefits Coordinator, the City Manager's Office Management Intern, and the Risk & Safety Manager; and WHEREAS, the process was facilitated by the Purchasing and Contracts Manager; and Temp. Reso. #10534 September 13, 2004 Page 2 Revision 1 - September 13, 2004 WHEREAS, Johns Eastern and Multi -Line Claims Service were considered as non -responsive due to their failure to provide pricing for Workers' Compensation and Employer's Liability Insurance; and WHEREAS, the proposals were evaluated, presentations were given by the two remaining proposers, FMIT and PRIA, and after careful consideration of all aspects of the proposals, the final ranking by the Evaluation Committee was: (1) FMIT; and (2) PRIA; and WHEREAS, Workers' Compensation Insurance, Employer's Liability Insurance and Claims Administration premiums were anticipated and were budgeted for accordingly in the FY05 Budget; and WHEREAS, if the City awards its Workers' Compensation, Employer's Liability, and Claims Administration Service to the FMIT, FMIT will provide payment for all defense costs incurred with the City being responsible for settlement and judgment costs up to $25,000 per claim for Workers' Compensation and Employer's Liability; and WHEREAS, the City's policy with the FMIT for Workers' Compensation and Employer's Liability are quoted as an estimated annual premium, and are subject to adjustment based on the annual premium audit; and WHEREAS it is the recommendation of the City Manager and the Director of Human Resources that RFP 04-27R (hereto attached as Exhibit 1) be awarded to and coverage be executed with the FMIT for a one year period beginning effective October 1, 2004 based on the RPF proposal of $459,476 as submitted by FMIT (hereto attached as Exhibit 2) and to pay any additional Temp. Reso. #10534 September 13, 2004 Page 3 Revision 1 - September 13, 2004 premium resulting from the annual premium audit which has been approved by the City manager after notification to the City Commission; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP 04-27R for the Workers' Compensation Insurance, Employer's Liability Insurance, and Claims Administration policies to the FMIT for a one year period beginning on October 1, 2004 as outlined above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City officials of the City of Tamarac are authorized to award the RFP for Workers' Compensation Insurance, Employer's Liability Insurance, and Claims Administration Service to the FMIT for a one year period beginning on 10/1/04 at a cost of $459,476 per the proposal (hereto attached as Exhibit 2) with said lines of coverage to expire on October 1, 2005, and to pay any additional premium resulting from the annual premium audit which has been approved by the City Manager after notification to the City Commission. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, or other part or application of this Resolution is held by any court of competent jurisdiction to be Temp. Reso. #10534 September 13, 2004 Page 4 Revision 1 - September 13, 2004 unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 22ND day of September, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHEY-L S. KRAF CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALAB DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 4,1wpwi 1 1 EXHIBIT 1 REQUEST FOR PROPOSALS k RFP 04-27R Worker's Compensation, Employer's Liability and Claims Administration City of Tamarac Purchasing Division 7525 NW 881h Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 SUBMIT PROPOSAL TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-724-2450 REQUEST FOR PROPOSALS Proposer Acknowledgement RFP NO.: 04-27R RFP TITLE: Worker's Compensation, Employer's Liability and Claims Administration PROPOSAL OPENING DATE/TIME: August 19, 2004, 4:00 PM local time BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-724-1322 BUYER EMAIL: keithg@tamarac.org PRE -PROPOSAL CONFERENCE/SITE INSPECTION: N/A BONDING: N/A GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL PROPOSALS FOR SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR PROPOSAL BY iNDICATING SUCH CHANGE IN THE INSTRUCTIONS TO OFFERORS OR IN THE SPECIAL CONDITIONS OF THE PROPOSAL. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED PROPOSALS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL PROPOSAL FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE RFP NUMBER AND THE RFP TITLE, PROPOSALS NOT SUBMITTED ON THE ATTACHED PROPOSAL FORM MAY BE DEEMED NON -RESPONSIVE. ALL PROPOSALS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE PROPOSALS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NOW RESPONSIVE. PROPOSER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: PROPOSER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: I certify that this Proposal Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Proposal for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal as an agent for the Proposer. y� +.vs; t`/ lerr.,.1Y.)(, ;, { ir"i:! r ?i1t it?r1 Gl)i i p i�1V, N"?rt It is the intent of the City to award a contract to the responsible and responsive Proposer whose proposal is determined to be the most advantageous to the City, taking into consideration price and response to the evaluation criteria set forth herein. The City reserves the right to accept or reject any or all Proposals and to waive any informality concerning the Proposals when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the contract on a split order, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 at seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Proposers including but not limited to Requests for Quotes, Invitations to Bid and Requests for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Proposers. �Y�L'-L'ilL�'�'�L+1;i•1�;L�11:%11•�-�i_1 � The Proposer is directed to deliver sealed Proposals to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the Proposal Acknowledgement page of this document. At the specified time, the Proposals will be opened, the names of all Proposers will be announced and all Proposals shall become a matter of public record. All Proposers and their representatives are invited to attend. The Proposer should show the RFP number, RFP title, and the time and date of the Proposal opening on the outside of the sealed Proposal package. Delivery of the sealed Proposals to the Purchasing Office on or before the above date and time is solely and strictly the responsibility of the Proposer. Late Proposals will NOT be accepted and will be returned unopened to the Proposer. It is the Proposer's responsibility to read and understand the requirements of this Proposal. Unless otherwise specified, the Proposer must use the Proposal form furnished in the Proposal document. The Proposer shall submit one (1) original and five (5) copies of the Proposal. The original Proposal must be manually and duly signed in ink by a Corporate Manager, Principal, or Partner with the authority to bind the bidding company or fine by his/her signature. All Proposal forms must be typewritten or completed in ink. The Proposer must initial any erasures or corrections in ink, All prices, terms and conditions quoted in the submitted Proposal will be firm for acceptance for sixty days from the date of the Proposal opening unless otherwise stated by the City. The Proposer preparing a Proposal in response to this solicitation shall bear all expenses associated with its preparation. The Proposer shall prepare a Proposal with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. WITHDRAWAL OF PROPOSAL Any Proposer may withdraw its Proposal prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 3. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 4. NON -COLLUSIVE AFFIDAVIT Each Firm shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Firm to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 5. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Proposers shall disclose the name of any Manager, director, partner, proprietor, associate or agent who is also a public Manager or employee of the City or any of its agencies. 6. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 7. PRICES, PAYMENTS AND DISCOUNTS Proposal prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Proposal prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for Proposal evaluation. Proposers are encouraged to provide prompt payment terms on the Proposal Form. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Florida Prompt Payment Act, F.S. Chapter 218. 8. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the Proposal. Each sample must be marked with the Proposer's name and manufacturer's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Proposer. .................................................................................................... . 9. BACKGROUND INVESTIGATION As a part of the Proposal evaluation process, the City may conduct a background investigation including a criminal record check by the Broward County Sheriffs Office of Proposer's Managers and/or employees. Proposer's submission of a Proposal constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Proposers qualifications. 10. CONDITIONS OF MATERIALS All materials and products supplied by the Proposer in conjunction with this Proposal shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Proposer at no cost to the City. Successful Proposer shall furnish all guarantees and warranties to the Purchasing Office prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 11. COPYRIGHTS OR PATENT RIGHTS The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this Proposal. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 12. SAFETY STANDARDS The Proposer warrants that the product(s) supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 13. PERFORMANCE Failure on the part of the successful Proposer to comply with the conditions, terms, specifications and requirements of the Proposal shall be just cause for cancellation of the Proposal award. The City may, by written notice to the successful Proposer, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 14. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from City premises and/or replaced at the entire expense of the successful vendor. 16. TERMINATION a. DEFAULT Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. r T"C" .. and Contracls Division b. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Proposer, the City may without cause and without prejudice to any other right or remedy, terminate the agreement for the City's convenience whenever the City determines that such termination is in the best interest of the City. Where the agreement is terminated for the convenience of the City, the notice of termination to the Proposer must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Proposer shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, shall terminate all outstanding sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract, and refrain from placing further orders and sub -contracts except as they may be necessary, and shall complete any continued portions of the work. c. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16. ASSIGNMENT The Proposer shall not transfer or assign the performance required by this Proposal without the prior written consent of the City. Any award issued pursuant to this Proposal and monies that may become due hereunder are not assignable except with prior written approval of the City. 17. EMPLOYEES Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 18. EQUAL EMPLOYMENT OPPORTUNITY No firm shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, or physical or mental handicap if qualified. Firm shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, gender, national origin, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The firm agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The firm further agrees it will ensure that subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. ciiy of 19. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 20. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Proposer of supplying such product(s) as specified. 21. INSURANCE REQUIREMENTS Proposer agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Successful Proposer, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Proposer shall obtain at Proposer's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Manager before beginning work under this Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the City's Risk & Safety Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of either Proposer or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract: Line of Business/ Occurrence Aggregate Coverage Commercial General $1,000,000 $1,000,000 Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Statutory Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement, Neither Proposer nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Proposerwill ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Proposer's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Proposer's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Proposer shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Proposer purchase a bond to cover the full amount of the deductible or self -insured retention. If the Proposer is to provide professional services under this Agreement, the Proposer must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 22. INDEMNIFICATION The Proposer shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Proposer or his Subcontractors, agents, Managers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 23. CLARIFICATION & ADDENDA Where there appekOfte variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this Proposal, the Special Conditions and/or the Detailed Specifications shall prevail. The Proposer shall examine all Proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Proposer shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager_ The City of Tamarac reserves the right to amend this Proposal prior to the Proposal opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 24. PUBLIC RECORDS Pursuant to F.S. §119.07(1)(m), sealed Proposals or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Article I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. `,t4of T;rtrr.rac; 25. RECORDSMUDITS The Successful Proposer shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Successful Proposer agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day of the contract term. 26. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Proposer's submitted Price Proposal Form, the unit prices shall prevail. _ ................. Purchasing and Contracts Division City of F9f 77 u:I<7,' .... ......... ......... '� �, �. 7i i'r � i1:1(� ti (.(,.7,...... .ltY } ... �2 INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS RFP 04-27R DEFINED TERMS Terms used in these Instructions to Offerors are defined as follows: 1.1. "Offeror" - one who submits a Proposal in response to a solicitation, as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. 1.2. "Proposer' -- one who submits a Proposal in response to a solicitation. The terms "Offeror" and "Proposer" are used interchangeably and have the same meaning. 1.3. "Successful Offeror"- the qualified, responsible and responsive Offeror to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 1.4. "City" - the City of Tamarac, a municipal corporation of the State of Florida. 1.5. "Proposal Documents" - the Request for Proposals, Instructions to Offerors, Offeror's Qualifications Statement, Non -Collusive Affidavit, Certified Resolution, Vendor Drug -Free Workplace, Offerors Proposal, Proposal Security and Specifications, if any, and the proposed Contract Documents (including all Addenda issued prior to opening of Proposals). 1.6. "Contractor" - the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 2. SPECIAL CONDITIONS Any and all Special Conditions that may vary from the General Conditions shall have precedence. 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. Before submitting a Proposal, each Offeror must visit the site (if applicable) to familiarize himself with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Purchasing and Contracts Manager of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 4.2. The Offeror, by and through the submission of a Proposal, agrees that he shall be held responsible for having examined the facilities and equipment (if applicable); familiarized himself with the nature and extent of the work and any local conditions that may affect the work, and is familiar with the equipment, materials, parts and labor required to successfully perform the work. 5. SPECIFICATIONS 4.3. The apparent silence of the specifications as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. 4.4. For the purpose of evaluation, the Offeror must indicate any variance or exceptions to the stated Specifications, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Offeror meets all the Specifications in every respect. 4.5. Any manufacturers' names, trade names, brand names, information and/or part or item numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics, and are not intended to limit or restrict competition. The Offeror may propose any brand that meets or exceeds the specifications for any item(s). If a Proposal is based on a uiivalent products, indicate the product manufacturer's name and part or item number. Offeror shall submit detailed, descriptive literature and/or specifications on the proposed equivalent. The Offeror should also verify and be able to prove that the proposed equivalent will meet the specifications, and will not be considered an exception thereto. The City shall be the sole judge of equivalency. If Offeror fails to name a substitute, it will be assumed that,the Offeror is proposing, and will be required to furnish, goods or services identical to the solicitation's standards and specifications. 5. INTERPRETATIONS AND ADDENDA If the Offeror is in doubt as to the meaning of any of the Proposal Documents, believes that the General Conditions, Special Conditions and/or Technical Specifications contain errors, contradictions or obvious omissions, or has any questions concerning the information contained in the RFP documents, the Offeror shall submit a written request to the Purchasing Office for interpretation or clarification. Such request must reference RFP name and number, and should be received by the Purchasing Office at least ten (10) calendar days prior to the Proposal opening date. Questions received less than ten (10) calendar days prior to the Proposal opening may not be answered. Interpretations or clarifications in response to such questions will be issued in the form of a written addendum transmitted via either fax or email to all parties recorded by the Purchasing Office as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. 6. COSTS AND COMPENSATION 6.1. Costs and compensation shall be shown in both unit prices and extensions whenever applicable. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. 6.2. All costs and compensation shall remain firm and fixed for acceptance for calendar days after the day of the Proposal opening. 6.3. The price proposal shall include all franchise fees, royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation. 7. NON -COLLUSIVE AFFIDAVIT Each Offeror shall complete the Non -Collusive Affidavit form and shall submit the form with their Proposal. City considers the failure of the Offeror to submit this document to .../ . FY<:.: Lh (: fil;i! �PVi;3tl?ll F is 3 be a major irregularity, and may be cause for rejection of the Proposal. 8. PUBLIC ENTITY CRIMES In accordance_ with F.S. §287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime 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, 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 Florida Statutes Section 287,017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 9. CONFLICT OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Offerors must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Offeror's firm or any of its branches or affiliate companies. 10. PERFORMANCE BONDS AND INSURANCE Upon award of a contract, the Successful Offeror, as required within the scope of the solicitation, shall submit performance bonds and/or certificates of insurance in the manner, form and amount(s) specified. 11. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS The following is a summary of documents to be submitted by each Offeror: a. Proposal b. Certification Form C. Certified Resolution Form (or firm's own Corporate Resolution) d. Offeror's Qualifications Statement Form e. Vendor Drug Free Workplace Form f. Non -Collusive Affidavit Form g. Proof of applicable insurance 12. SUBMISSION OF PROPOSALS 12.1. Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror must be initialed. 12.2. Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the firm in matters of this nature. The address and telephone number for any communications regarding the Proposal must be included. 12.3. Proposals shall contain an acknowledgment of receipt of all addenda. 12.4. Proposals by corporations must be executed in the corporation's legal name by the President or other corporate officer, accompanied by evidence of authority Division . . ")?2?f<":'t; r7'irr(:iy7<7S7 rg & Contracts %1i7%fciGPS to sign. Evidence of authority shall be provided on the enclosed Certified Resolution form, or by the company's own Corporate Resolution. 12.5. Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. 12.6. Proposals shall be submitted to the Purchasing Office on or before the time indicated in the Request for Proposals. Proposals shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope should be clearly marked on the exterior with the applicable solicitation name and number. The envelope should state the name and address of the Offeror and should be include all documents as specified in the Request for Proposals. Purchasing and Contracts Division staff is not responsible for the premature opening of a Proposal that is not properly addressed and identified. 12.7. In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses thereto are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential and/or proprietary which may be considered exempt under Florida Statute §119.07(t). 12.8. All Proposals received from Offerors in response to the Request for Proposals will become the property of City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of City. 13. MODIFICATION AND WITHDRAWAL OF PROPOSALS 13.1. Proposals may be modified or withdrawn by a duly executed document signed by a corporate officer or other employee with designated signature authority. Evidence of such authority must accompany the request for withdrawal or modification. The request must be delivered to the Purchasing Office at any time prior to the deadline for submitting Proposals. Withdrawal of a Proposal will not prejudice the rights of an Offeror to submit a new Proposal prior to the Proposal opening date and time. No Proposal may be withdrawn or modified after the date of proposal opening has passed. 13.2. If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed, written notice with City, and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of City by clear and convincing evidence there was a material and substantial mistake in the preparation of its Proposal, or that the mistake is clearly evident on the face of the Proposal but the intended correct Proposal is not similarly evident, Offeror may withdraw its Proposal and any bid security will be returned. Thereafter, the Offeror will be disqualified from further bidding on the subject Contract. 14. REJECTION OF PROPOSALS 14.1. To the extent permitted by appNcable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Offeror, and to disregard all nonconforming, non -responsive, unbalanced or r ?7 F Uf ut Ica w(, 5 . . '.:. a7f.,��:;i5il7�'� !`� t/ a,f...�J.Uiy7.,Cf � p conditional Proposals. Proposal will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 14.2. City reserves the right to reject the Proposal of any Offeror if City believes that it would not be in its best interest of to make an award to that Offeror, whether because the Proposal is not responsive, the Offeror is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of the solicitation. 16. QUALIFICATIONS OF PROPOSERS 15.1. Each Offeror shall complete the Offeror's Qualifications Statement and submit the form with the Proposal. Failure to submit the Offeror's Qualifications Statement and the documents required thereunder may constitute grounds for rejection of the Proposal. 15.2. As a part of the Proposal evaluation process, City may conduct a background check which may include a records check by the Broward Sheriffs Office. Offeror's submission of a Proposal constitutes acknowledgement of the process and consent to such investigation. 15.3. No proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to City for any debt or contract, who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed irresponsible for unreliable by City. City will be the sole judge of said determination. 15.4. City reserves the right to make a pre -award inspection of the Offeror's facilities and equipment prior to award of Contract. 16. INSURANCE 16.1. Offeror agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Offeror, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 16.2. Offeror shall obtain at Offeror's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Offeror shall maintain such insurance in full force and effect during the life of this Agreement. Offeror shall provide to the City's Risk Manager current certificates of all insurance required under this section prior to beginning any work under this Agreement. 16.3. Offeror shall indemnify and save the City harmless from any damage resulting to it for failure of either Offeror or any Sub -Offeror to obtain or maintain such insurance. 16.4. The following are required types and minimum limits of insurance coverage, which the Offeror agrees to maintain during the term of this contract: _S - of / i+l iarac w i s1 it1 ( ,itt ! !c' 8 v! 1... Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability 16.5. The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 16.6. Neither Offeror nor any Sub -Offeror shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Offeror will ensure that all Sub - Offerors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 16.7. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and shall be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. 16.8. The Offeror's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Offeror's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. 16.9. The Offeror shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Offeror purchase a bond to cover the full amount of the deductible or self -insured retention. 16.10. If the Offeror is to provide professional services under this Agreement, the Offeror must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. 16.11, The Successful Offeror agrees to perform the work under the Contract as an independent contractor, and not as a subcontractor, agent or employee of City. r R ...... s'r r ... ........................................................................................................................................................................:..................................... ..................... .....................:............�.``................. ....� Sri% � '> '_ rr�:za,Ft, q r 7sil tar, (� . ,1 17. INDEMNIFICATION 17.1. To the fullest extent permitted by laws and regulations, Successful Offeror shall indemnify, defend, save and hold harmless the City, its officers, elected officials, agents and employees from any and all claims, damages, losses, liabilities and expenses, direct, indirect, consequential or inconsequential, arising out of or alleged to have arisen out of the products, goods or services furnished by, or the operations of, the Successful Offeror or its subcontractors, agents, officers, employees or independent contractors pursuant to the Contract, specifically including, but not limited to, those caused by or arising out of the following conditions: 17.1.1 any act, omission or default of the Successful Offeror and/or its subcontractors, agents, servants or employees in the provision of the goods and/or services under the Contract; 17.2.1 any and all bodily injuries, sickness, disease or death; 17.3.1 injury to or destruction of tangible property, including the loss of use resulting therefrom; 17.4.1 the use of any improper materials; 17.5.1 a defective condition in any goods provided pursuant to the Contract, whether patent or latent; 17.6.1 the violation of any federal, state, county or municipal laws, ordinances or regulations by Successful Offeror, its subcontractors, agents, servants, independent contractors or employees; 17.7.1 the breach or alleged breach by Successful Offeror of any term, warranty or guarantee of the Contract. 17.2. The Successful Offeror shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 17.3. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Offeror under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 18. WARRANTIES 18.1. Successful Offeror warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Offeror is a party. 18.2. Successful Offeror warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or cif � <,,',?. n� ,c firrr;ft .. 'r',:� & f°�Yrt?F:tcts Division investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 18.3. Successful Offeror warrants to City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 18A, All warranties made by Successful Offeror together with service warranties and guarantees shall run to City and the successors and assigns of City. 19. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Successful Offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Successful Offeror(s) shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 20. TAXES Successful Offeror shall pay all applicable sales, consumer use and other similar taxes required by law. 21. PERMITS, FEES AND NOTICES Successful Offeror shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work, if applicable. The costs of all permits, fees, licenses and charges shall be included in the Price Proposal except where expressly noted in the specifications. 22. TERMINATION FOR CAUSE AND DEFAULT In the event Successful Offeror shall default in any of the terms, obligations, restrictions or conditions in any of the Proposal documents, City shall give written notice by certified mail, return receipt requested to Successful Offeror of the default and that such default shall be corrected, or the actions taken to correct such default, shall be commenced within seven (7) calendar days thereof. In the event Successful Offeror has failed to correct the conditions of default or the default is not remedied to the satisfaction and approval of City, City shall have all legal remedies available to it, including, but not limited to termination of the Contract, in which case Successful Offeror shall be liable for all procurement or re -procurement costs, and any and all damages permitted by law arising from the default and breach of the Contract. 23. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Offeror, City may without cause and without prejudice to any other right or remedy, terminate the agreement for City's convenience whenever City determines that such termination is in the best interests of City. Where the agreement W3 T R-8 of Tarn rat 1mwc,ha,,&i g & C. onlrtiots ,Divi, iiln is terminated for the convenience of City, the notice of termination to Successful Offeror must state that the Contract is being terminated for the convenience of City under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, Successful Offeror shall promptly discontinue all work and, to the extent indicated on the notice of termination, shall terminate all outstanding subcontracts and purchase orders as they relate to the terminated portion of the Contract, shall refrain from placing further orders and/or contracting with subcontractors, and shall complete any continued portions of the work. 24. AUDIT RIGHTS City reserves the right to audit the records of Successful Offeror, relating to this contract, at any time during the term of the Contract, and for a period of three (3) years after completion of contract. If required by City, Successful Offeror shall agree to submit to an audit by an independent Certified Public Accountant selected by City. Successful Offeror shall allow City to examine and review the records of Successful Offeror at any and all times during normal business hours during the term of the Contract. 25. ASSIGNMENT 25.1. Successful Offeror shall not assign, transfer or subject the Contract or its rights, title, interests or obligations therein without City's prior written approval. 25.2. Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Offeror and City may, at its discretion, cancel the Contract. All rights, title, interest and obligations of Successful Offeror shall thereupon cease and terminate. 11 S f R-.9 9yy'' r / C)r ._,:ii;diit'i}f.; �•�d,aYi,;"?tcltiff?ff c3t'iC{ ePC•"C'( MJxs]/_111111; 9:Z*P/611*1:K RFP 04-27R WORKERS' COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICE I. INTRODUCTION The City of Tamarac is seeking competitive sealed proposals from qualified brokers and carriers to provide Worker's Compensation and Employer's Liability insurance. II. BACKGROUND The City employs 408 full-time employees with an additional 61 seasonal or part-time employees for summer camp. There are 11 departments as follows: Building; City Clerk; Community Development; Finance; Fire Rescue; Information Technology; Parks and Recreation; Human Resources; Public Works; Utilities; and the City Manager's Office. Police duties are contracted to the Broward County Sheriffs Office. Leadership is provided by a City Manager, Mayor and four (4) Commissioners. The Risk Management Division reports to the Human Resources Director. Risk Management is comprised of a Risk & Safety Manager, a Risk & Safety Coordinator, and an Administrative Secretary. The primary mission of the Risk Management Division is to protect the physical, financial, and personal assets of the City of Tamarac through the identification and analysis of risk, the implementation or loss control programs, and the selection of risk transfer and financing techniques. Current loss prevention activities include but are not limited to the following: A. Implementation of a Florida Drug & Alcohol Free Workplace Program, a Commercial Drivers' License (CDL) Alcohol & Drug Free Workplace Program, and a Mass Transit Drug and Alcohol Free Workplace Program, B. Policies and training and education on sexual harassment, discrimination prevention, vehicle usage and defensive driving, employee accidentlincident investigation and reporting, workplace health & safety, transitional alternate duty, and violence in the workplace prevention. C. Random drug testing for CDL holders and Mass Transit Bus System Operators. D. Competent person designations for trenching and excavating and confined space entry. E. Crane Institute and Florida MOT (Maintenance of Traffic) training for heavy equipment operators. F. An active Labor/Management Safety Committee. G. Various other OSHA Compliance and safety specific programs based on departmental exposures. H. Defensive Driver Training based on "high risk" groups. I. Incident Reduction by focusing on the primary loss cause categories. ......... ........ !Z�-r 3 :£: .IVI;?tU. 7utt'7i:Iir:1(; ° f')t) h' The City has averaged 50 claims per year in the past five years. On average, approximately 3 of these claims, per year, are indemnity payments; the remainder are first aid or medical payments only. Approximately 2 % of all claims have been litigated in the last 5 years (5 out of 250 claims). For details on the structure of the current insurance program, please refer to the "Schedule of Insurance in Force" located in the Appendix. III13f-.,%114LTJI#►i-901&I L61AN A. Scope The purpose of this Request for Proposals is to obtain the services of a qualified insurance carrier and claims administration firm to provide Workers' Compensation and Employers Liability Insurance and claims administration for the claims associated with these coverages. The City is seeking a contract for an initial term of one year (1) year, with the option to renew annually, in one (1) year increments, based upon satisfactory performance and mutual agreement of both parties. The insurance policy and claims handling service will be for initial effective dates of 10/1/04 to 10/1105. The purpose of the Proposal is to demonstrate the qualifications, competence and capacity of the organizations seeking to undertake the engagement of the City of Tamarac in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Proposal should demonstrate the qualifications and services of the organization. The Proposer should address all the points outlined in the Request for Proposals. The Proposal should be prepared simply and economically, providing a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the Request for Proposals. B. Services to be provided Please review the exhibits provided for your convenience prior to submitting your firm's proposal. In general, the following services are to be provided: 1. Insurance Coverage 2. Claims Handling and Administration (Including Bill Review and payment) 3. Loss Control Services 4. Investigation Services C. Items to be submitted with this proposal 1. Pricing to be submitted on Pricing Proposal Form. 2. Rates used by payroll class and premium calculations with credits, modifiers and discounts shown. 3. Detail on Stop loss limits, deductible, and loss sensitive plan options of Tamar,-',c % }'un;h„a.siog;,)wY t;:;i ducts Divi.;ion ...................... ............................... available (i.e., paid loss retro's, dividend, guaranteed cost, deductible levels, etc.) 4. Claims and Loss Control Service expectations defined. 5. Samples and frequency of reports for loss runs available and options for additional reports. 6. Detail of additional flat fees and pricing and/or commissions if any. 7. Detail of Managed Care Network and provider list. 8. Detail of claim reporting process. 9. Sample Policy of coverages and conditions. IV. REQUIREMENTS OF THE PROPOSAL Attachment "A" of the Proposal Form, included herein, is a questionnaire designed to help the City determine your firm's capabilities and its ability to meet the City's requirements. Make sure to answer each question fully, with as much detail as possible. A. DEVIATIONS — Any and all deviations from the criteria delineated in the proposal documents shall be fully explained. B. RATES — Proposer's premium rates by line of coverage shall be provided on the Proposal Pricing form. C. SCOPE OF COVERAGE — Proposers will outline fully the coverage afforded under all policies. Coverage will follow guidelines given in the requirements section given below. A sample policy has been provided. Coverage and program enhancements are encouraged and options for better protection and efficacy are encouraged. D. UNDERWRITING FLEXIBILITY — Underwriters are encouraged to be flexible and creative in designing a cost-effective program while also considering the scope of coverage to be afforded. V. COVERAGES, PREMIUM, AND BILLING EVALUATION A. Description of Audit and Billing Processes. B. Description of underwriter access and communication procedure. C. Description of how fees and commissions (if any) are determined, as well as the amount of the fee and the percentage of the commission charge. D. Indicate whether premiums can be guaranteed for more than one year. . E. Indicate how long your firm's proposal is valid; minimum 60 days required. F. Availability of loss control services, frequency of visits, and ability to assist the City in reducing loss exposures. ;Pe 3 r .� ,S LjXe7F?'7c"1Yc:i; `� j:at.lr!'•j}ciMt7:t{<FlC�.�`C?;?�IYdc::t''� F�illlltil.7YY 11�IIJL:111_3*R=11e]AATl4ill1-1 RFP Available to Vendors 07/12/04 Deadline for Receipts of Proposals 08/19/04 Evaluation of Proposals 08/19/04 — 09/03/04 Complete Negotiations with Selected Firm 09/04/04 — 09/13/04 Anticipated Award by Commission 09/22/04 Anticipated Effective Date of Implementation 1 10/1/04 All dates tentative. City reserves the right to change scheduled dates. VII. SELECTION/NEGOTIATION PROCESS A Selection/Negotiation Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and negotiating a contract. The vendors with the top scoring proposals may be asked to make a detailed presentation of their product to the evaluation team. The top -scoring vendor in this process will be selected to implement their product. No work on this project shall proceed without written authorization from the City of Tamarac. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. Each firm should submit documents that provide evidence of capability to provide the services required for the Committee's review, for short listing purposes. The short listed firms will then be contacted via telephone and a follow-up letter to prepare for a presentation to the committee so that a final firm can be selected. The committee will then attempt to negotiate an agreement, which can be recommended to the Tamarac City Commission for award. VIII. INSURANCE REQUIREMENTS Proposer agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Proposer shall obtain at Proposer's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of either Proposer or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract: City of Tawlarac' Line of Business/ Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Limits Occurrence Aggregate $1,000,000 $1,000,000 Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Liability Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Proposer nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Proposer will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Proposer's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Proposer's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Proposer shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Proposer purchase a bond to cover the full amount of the deductible or self -insured retention. If the Proposer is to provide professional services under this Agreement, the Proposer must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. IX. INDEMNIFICATION The Proposer shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Proposer or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City of ......... ..................• i7177::!/f)t, � ?i"t"�irtS,rr.r l a C>7:. ... ......... XI. PROPOSAL SELECTION The City of Tamarac reserves the right to select the vendor proposal which represents the best value to its citizens, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City. The City reserves the right to waive any irregularity found in the Proposals during the evaluation and selection process. Additional questions may be asked of vendors by Committee members during the evaluation and selection process to clarify each firm's written proposal. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. XII. CRITERIA FOR SELECTION The City will assemble an Evaluation and Selection Committee comprised of a cross- section of City staff from various departments. This Committee will evaluate the proposals and may "short-list" the highest -ranked firms who would then be notified to prepare a detailed presentation to the Committee members. Proposals will be evaluated based upon the following weighted criteria: Mandatory Elements (no points assigned) a. The organization is licensed to practice in Florida b. The firm adheres to the instructions in this Request for Proposals in preparing and submitting the proposal document 2. Technical Proposal (maximum points — 60) a. Scope of coverage in adherence with specifications b. Coverage enhancements C. Underwriting creativity d. Loss -sensitivity and structure of Workers' Compensation program e. Loss Control Service Proposal f. Financial strength of the carrier g. Claims service capabilities and experience 3. Price Proposal (maximum points - 40) Points for price will be tallied based on the following formula: The responsive and responsible Proposer providing the lowest price shall automatically receive the maximum number of points (40). The pricing points for all other Proposers shall be calculated by dividing the lowest price by each succeeding price and multiplying the result by 40. See example below: Example: Proposer A price: $100.00 = 40 points Proposer B price: $110.00 Formula: 100 (A) 110 (B) (or 100 - 110) _ .91 .91 x 40 = 36.4 points Proposer B points = 36.4 City of rc911'?%}%]t; u���4yn p..............................................................................}.at!?i;i?Lssl7fC}..,.'; and CAL)l�tt"i.PCtM.._"""wf7on XII1. ORAL PRESENTATIONS The highest-ranking Proposers may be invited to give an oral presentation. This decision will be based upon the findings of the Evaluation Committee during the initial proposal evaluation. The Committee may prepare a short-list of the highest —ranked firms, who will then be notified of the presentation requirement. Presentations will be evaluated by the Committee based upon the same weighted criteria established in the Request for Proposals. Final scoring and designation of the highest -ranked vendor will be determined by the number of points awarded to each firm after the presentation phase. XIV. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the successful Proposer, and to disregard all non- conforming, non -responsive, unbalanced or conditional proposals. The City reserves the right to award the contract to the Proposer who will best serve the interest of the City. The City also reserves the right to waive minor irregularities or variations to the proposal requirements. Submission of a Proposal indicates acceptance by the firm of the terms and conditions contained in the Request for Proposal, unless clearly and specifically confirmed in the written contract between the City of Tamarac and the successful Proposer. XV. QUESTIONS ABOUT THE RFP Questions regarding the proposal process or the scope of work shall be directed in writing to Keith K. Glatz, CPPO, Purchasing and Contracts Manager, via fax to 954-724-2408 or by email to keithgatamarac.orq. Answers will be provided via written addendum to all Proposers, and no questions will be answered otherwise, except at the discretion of the Purchasing and Contracts Manager. Ss':;i_ j �ry rt4 G)r; ....................... i'�[iC;;P�„a�{ vs (tt1;f'C)Cis'P<;3Gt•`a x�! l�fC'C7 a.,..y' f,3r ' a' i )C s 1,:163; 14M-to] C7J, RFP 04-27R WORKER'S COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICES PROPOSAL SUBMISSION FORM Company Name: Address: City State Zip Telephone Fax Contact Person Name Contact Person Email address NOTE: To be considered eligible for award, one (1) original of the Proposal Form must be submitted with your firm's proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. Return this Form to avoid removal from the City of Tamarac's vendor database. cit r,;� 1t�tarr;Pr.: r, �m Pu!;hosiog and Vicar%#a%�tln I'Xvishon PROPOSAL FORM (continued) RFP 04-27R WORKER'S COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICES PROPOSAL PRICING FORM 1. Premiums by Line of Coverage $ 2. Claims Administration Service if any or separate) $ 3. Loss Control Service if any or separate) $ 4. Commissions and/or flat fees for broker if an $ 5. Managed Care Network Fees if any or separate) $ 5. Bill Review Fees if any or separate) $ 7. Other $ SUBMITTED BY: Company Name: Authorized Signature: Print Name/Title of Authorized Signer: Email address of Signer: NOTE: To be considered eligible for award, one (1) original copy of this proposal form, manually signed in ink by an authorized signer of the firm, must be submitted with the Proposal. }:,F.-, a of 71,irfr'z ac ��' y i .,'(i: ft ) 'Yi ?� ri;i ��' T i $::..)} „.. r3 ................:.���,................. .................................................................................................... \....................................................... ............ .............................................. ....................................................................................... PROPOSALFORM (continued) WORKER'S COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICES 20612•19_l MIL63 4;411Ia C•3=`7 C•T►`T�•T:7�1 The undersigned hereby confirms that: He/she is a duly authorized agent of the Company submitting the proposal; and 2. He/she has read the General Terms and Conditions, the Instructions to Offerors, and all other terms and conditions which were made available to the Proposer in conjunction with the RFP, and fully understands and accepts these terms unless specific variations have been expressly listed on the Proposal Form; and 3. The Proposer will accept any awards made to it as a result of this Request for Proposals for a minimum of sixty (60) calendar days following the date and time of the proposal opening. SIGNATURE OF AUTHORIZED SIGNER DATE TYPE/PRINT NAME TITLE EMAIL ADDRESS NOTE: Proposals without the manual signature of an authorized signer of the Proposer, with authority to bind the proposing company in contract matters, shall be deemed non -responsive and ineligible for award. C'ii ia? r:;??c3!;tt:+C7 t: t7C1 (.;r;)Wra,^,i;�' (.)t#%f.`„ion ATTACHMENT "A" PROPOSAL FORM (continued) RFP 04-27R WORKER'S COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICES Qualification Form for Workers' Compensation Give a description of your firm, the carrier and the claims -handling entity, and include information regarding the following: 1. Names of principal owners, partners and officers. 2. Length of time the firm has been in business. 3. Number of offices and locations that will service the City. 4. Toll free number for use by the City and Claimants for contact and reporting of claim information. 5. Hours of operation and availability of reporting service 24/7. 6. Type of Claims Handling System for claims reporting. Include samples of loss run reports and analysis. 7. Indication of proposed number of personnel including supervisors and managers who would be assigned to administer the City's program. Give details regarding the position of each, their experience, education, experience with public entities, and length of time with the firm. 8. License(s) to practice in the State of Florida. 9. Describe the claims handling process including your procedures for making initial and follow-up contact with claimants, physicians, and the City. 10. Describe your philosophy and procedures for the establishment of case reserves. 11. Explain detail of claims reviews, meetings and frequency. 12. Explain details of your procedures for follow-up investigations. 13. Explain the carrier's philosophy and communication with the employer and claimant regarding denied and contested claims. 14. Explain in detail the bill review and payment process. 15. Indicate if the vendor participates in a Managed Care arrangement and attach a current list of providers for Central and South Florida (specifically including Broward, Palm Beach, Dade, and Volusia Counties). :"7a• y n C tV of l m frac; }tiYr.j) ......................................... ....... i1i# L?t?iTi?(.?w )? i;:#P Y} 16. Produce the results of any claims, underwriting, or other audits by the State of Florida and indicate any corrective actions pending. 17. Financial strength of carriers and reinsurance companies should also be included in the proposal (acceptable forms of information on this include annual reports or documents that highlight the financial solvency of the carrier), 18. List of any legal action filed and/or pending against your company in the last two years and the outcome. If the Proposer has merged with, purchased or joined with another company within the past three years, the Proposal must include any legal action filed against those entities. 19. Define the procedures for assignment of outside legal counsel and the ability for the City to appoint designate their own counsel representation. 20. Provide references of similar or related programs performed in Broward County or the State of Florida for accounts similar in size to the City of Tamarac. Include organization names, addresses, names of contact persons, telephone numbers and email addresses for each reference. A minimum of three references should be furnished, if possible. The City may contact other current or past accounts in addition to, or instead of, the references provided to inquire about Proposer's service and performance. C:i t,, o! ", <„ a;ara c PurchDsing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL 1-1 PARTNERSHIP11 CORPORATION OTHER❑ If "Other", Explain: Authorized Signature Title Company Name Address City/State/Zip Contact Email address Name (Printed Or Typed) Federal Employer I.D./Social Security No. Telephone Fax Number Contact Person Page i of I (,("raification ZO-1. city i117i.:' <XL :xt.rYT it..ksa!',C+ & E.;c.'i%ti "iC.M CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Name of Corp.), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20 (SEAL) By: Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of Z Ceif fied h'esoi(i'iv) ,, City of Tetnar2:1c � F'ttn�hasing & C:at�frkaGts D ision ............................. ............................ OFFEROWS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW $$`h Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. Is] IT44:t*IT Corporation Partnership ❑ Individual 00ther 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: w...................... b) State of Incorporation: c) President's name: d) Vice President's name:.,,_ e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: Page i of 5 of"'e or's Qualifwarion st€3tealf M :'tv eel T"tam�l7,a ,w Purchasing t,e sir,t; t or frc��,t; f ib'1si tr �v 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? FIYES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? 1:1 YES [:] NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? F-1 YES [:] NO Page 2 of 5 ....... Offeror"s Quutrfic atron st;ate.m'.' riff City of 7"e,owm � P!irchasi»q c� Cont acts Division 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: r't'ge 3 of 5 Off'€wlor's Que.:Iiificatrr, "" stat w"wi! City of Tamarac (..s.; � <art�� �, "rt'ri r"ri :s:'t:; .,tr.S b"r 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank Address Telephone 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? YES[—] NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). f'r;ge 4 of 5 �:lffevr'<7r'.., Qu a%rfic"'War.: C;,,+tV i� Tr1"f7Cc�fl; tatT Pi: sl!? Cot;tmcl5 �)!S/wsion The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20 _,,,,, , before me, the undersigned Notary Public of the State of Florida, personally appeared Vq (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath P)yes ,'5 cif Of,Ff rOe`S C UdiffiU410,1l itOteM,9nt .ti f.:f!,y of r l77ldlr C L.s�.I1T,P7.J.i.... �.;(,?Ps/1c7Gi"' (:tV:S;(.,rt Y VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name of T,,,niarv:; Purch a ir,,g & Contracts Div,siurr ....................................................................................................... ...................................................... NON -COLLUSIVE AFFIDAVIT State of )ss. County of being first duly sworn, deposes and says that: 1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this afFant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title Page ? of 2 Non-Gollusivo Affidavit �; City' of Tc"9�"7?iftc;3i; ; "urchvsin g & Co;?t`lact, �lVf:y1:)13 ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath ..... ... z REQUEST FOR PROPOSALS RFP 04-27R WORKERS' COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICE Index to Exhibits A. "Application for Employer Workplace Safety Program Premium Credit" B. "Application for Drug Free Workplace Premium Credit Program" C. "Workers' Compensation and Employers Liability Coverage Agreement Declarations" for the Fiscal Year beginning 10/01/2003 and ending 09/30/2004 D. "Workers' Compensation FY2005 Payroll Projection for 10/1/2004 to 10/1/2005 Premium Calculations" E. "Workers' Compensation Experience Rating" - Worksheet for the last three years. F. City of Tamarac "Florida Municipal Insurance Trust Members Loss Report" —for the period 10/01/1999 to 09/30/2004, as of 05/26/2004 G. City of Tamarac "Supplemental Florida Municipal Insurance Trust Loss Run Detail with Description, Causation, and Status for the past 5 years" H. City of Tamarac Organizational Chart Purchasing and Contracts Division C1 ity of Tamarac "Committed to Excellence... Always" ADDENDUM NO. 1 REQUEST FOR PROPOSALS 0:11 &W Z: WORKERS' COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICE DATE OF ADDENDUM: July 27, 2004 ALL POTENTIAL PROPOSERS: =>1,161W Please note the following responses to questions and clarifications that have been received. 1. Question: Does the City do pre -employment and post -employment physicals for all employees? Answer: The City does pre -employment physicals (post -offer) on all employees. The City does post -employment physicals (fitness for duty physicals) subject to the .terms and conditions of City Policy and the applicable collective bargaining agreement. 2. Question: How many volunteers does the City utilize and what do they do for the City? Answer: Total of 128 volunteers. 98 volunteers are on boards and committees and attend 1 one hour meeting a month (excluding July) to participate on the following committees or boards: Code Enforcement Board, Consumer Affairs Committee, Economic Development Advisory Committee, Insurance Advisory Board; Investment Advisory Committee, Parks and Recreation Board, 3 Pension Boards, Planning Board, Public Information Committee, Social Services Board, and the Veterans Affairs Committee. 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 a (954) 724-2450 ■ Fox (954) 724-2408 0 www.tomarac.org Equal Opportunity Employer 30 Volunteers in Parks and Recreation for Social Service Programs. All duties are clerical in nature. Scheduling meetings, helping at the front counter, handing out programs at events, etc. 3. Question: Are you allowing brokers exclusivity to the markets? Answer: No, we are not assigning markets. 4. Question: What is the City's FEIN? Answer: 59-1039552 All other terms and conditions remain the same as of this date. This addendum should be signed and returned with your Proposal. NAME OF PROPOSER: SIGNATURE: F97_r1:l 2 EXHIBIT 2 ❑ Administration/ Marketing ❑ Risk Control Ili Underwriting Property & Casualty Health Post Office Box 530065 125 East Colonial Drive Orlando, FL 32853-0065 800-445-6248 407-425-9142 Suncom 344-0725 Fax 407-425-9378 ❑ Health Claims Post Office Box 538140 Orlando, FL 32853-8140 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 ❑ Workers' Compensation Claims Post Office Box 538135 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 ❑ Property & Liability Claims Post Office Box 538135 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 FLORIDA LEAGUE OF CITIES, INC. PUBLIC RISK SERVICES ugust 17, 2004 'ity of Tamarac urchasing and Contracts Division 525 NW 88d Avenue amarac, FL 33321 Florida Municipal insurance Trust Proposal e appreciate the opportunity to present you with our response to your recent insurance quest. We welcome the occasion to meet with you to discuss this matter. The Florida League of Cities Insurance Program was established in 1977 to provide affordable Workers' Compensation coverage and service to governmental entities. Liability, property and group health programs followed shortly thereafter and propelled the League into the recognized leader of such services in the state of Florida. In 1992 the programs were merged under the name of the Florida Municipal Insurance Trust. The Trust, governed by a board of elected officials, is a non -assessable, non-profit, tax-exempt risk sharing pool. It has superior financial stability presently highlighted by $255 million in assets, $90 million in annualized premium, and over $38 million in allocated surplus with approximately 500+ members. The FMIT offers a packaging of comprehensive general and automobile liability and property coverages including professional liability and remains on the broadest claims payment basis (occurrence) with no annual payment limitation (aggregate). When examining other insurance markets, it is obvious that our self -insured group concept is a most attractive insurance alternative. To be certain, the FMIT is highly qualified to meet all your risk management needs. Our expertise in the areas of governmental coverages, coupled with our outstanding claims, loss control and fraud (SRD departments translates to considerable service and savings over that of traditional markets. Thank you for your time and consideration. We look forward to the chance to meet with you sometime in the near future. Sincerely A. , G Chuck Wilde Account Executive CH/vb Enclosure Florida Municipal Insurance Trust 5, Cfty of Tamarac < , P "Committed to Excellence... Always" Purchasing and Contracts Division ADDENDUM NO. 1 REQUEST FOR PROPOSALS RFP 04-27R WORKERS' COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICE DATE OF ADDENDUM: July 27, 2004 ALL POTENTIAL PROPOSERS: PLEASE NOTE: Please note the following responses to questions and clarifications that have been received. 1. Question: Does the City do pre -employment and post -employment physicals for all employees? Answer: The City does pre -employment physicals (post -offer) on all employees, The City does post -employment physicals (fitness for duty physicals) subject to the terms and conditions of City Policy and the applicable collective bargaining agreement. 2. uestion: How many volunteers does the City utilize and what do they do for the City? Answer: Total of 128 volunteers. 98 volunteers are on boards and committees and attend 1 one hour meeting a month (excluding July) to participate on the following committees or boards: Code Enforcement Board, Consumer Affairs Committee, Economic Development Advisory Committee, Insurance Advisory Board; Investment Advisory Committee, Parks and Recreation Board, 3 Pension Boards, Planning Board, Public Information Committee, Social Services Board, and the Veterans Affairs Committee. 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamarac.org Equal Opportunity Employer 30 Volunteers in Parks and Recreation for Social Service Programs. All duties are clerical in nature. Scheduling meetings, helping at the front counter, handing out programs at events, etc. 3. Question: Are you allowing brokers exclusivity to the markets? Answer: No, we are not assigning markets. 4. Question: What is the City's FEIN? Answer: 59-1039552 All other terms and conditions remain the same as of this date. This addendum should be signed and returned with your Proposal. NAME OF PROPOSER: H. Chuck Wi Ide SIGNATURE: 44 rL, 4 DATE: 8/18/2004 2 SUBMIT PROPOSAL TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-724-2450 REQUEST FOR PROPOSALS Pro oser Acknowledgement RFP NO.: 04-27R RFP TITLE: Worker's Compensation, Employer's Liability and Claims Administration PROPOSAL OPENING DATE/TIME: August 19, 2004, 4:00 PM local time BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-724-1322 BUYER EMAIL: keithg@tamarac.org PRE -PROPOSAL CONFERENCE/SITE INSPECTION: N/A BONDING: N/A GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL PROPOSALS FOR SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR PROPOSAL BY iNDICATING SUCH CHANGE IN THE INSTRUCTIONS TO OFFERORS OR IN THE SPECIAL CONDITIONS OF THE PROPOSAL, ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED PROPOSALS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL PROPOSAL FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE RFP NUMBER AND THE RFP TITLE. PROPOSALS NOT SUBMITTED ON THE ATTACHED PROPOSAL FORM MAY BE DEEMED NON -RESPONSIVE. ALL PROPOSALS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE PROPOSALS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON- RESPONSIVE. PROPOSER COMPANY NAME: Florida eau f COMPANY ADDRESS: Post Uffi ce Box 530065 Orlando FL 328537 COMPANY PHONE: _ (407) 425-9142 NAME OF AUTHORIZED AGENT: H. Chuck Wilde TITLE OF AUTHORIZED AGENT: Account E4=tive AUTHORIZED AGENT EMAIL ADDRESS: cwi 1 de@f 1 ci t i e PROPOSER TAXPAYER ID OR SOCIAL SEC;r, NUMBER: 9-6001124 SIGNATURE OF AUTHORIZED AGENT: � Icertify that this Proposal Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Proposal for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal as an agent for the Proposer. GTC. I City of Tamarac ti' Purchasing and Contracts Division PROPOSAL FORM RFP 04-27R WORKER'S COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICES PROPOSAL SUBMISSION FORM SUBMITTED BY: -Company Name: Florida League of Cities, lnc. Address: Post office Box 530065 City State Z Orlando, FL 32853-0065 Telephone 407-425-9142 Fax 407-425-9378 Contact Person Name H. Chuck Wilde Contact Person Email address cwilde@flcities.com NOTE: To be considered eligible for award, one (1) original of the Proposal Form must be submitted with your firm's proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. Return this Form to avoid removal from the City of Tamarac's vendor database. of Tamarac l Purchasing and Contracts Division PROPOSAL FORM (continued) RFP 04-27R WORKER'S COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICES PROPOSAL PRICING FORM 1. Premiumsby Line of Coverage $ 459,476 2. Claims Administration Service if any or se crate $ Included 3. Loss Control Service if an or separate) $ Included 4. Commissions and/or flat fees for broker if an $ N/A 5. Managed Care Network Fees if any or separate) $ A 6. Bill Review Fees if an or se arate $ N/A 7. Other $ N/A SUBMITTED BY: Company Name: Florida League of Cities, Inc. W. Authorized Signature: 4 Print Name/Title of Authorized Signer: H. Chuck Wilde Email address of Signer: cwilde@flcities.com NOTE: To be considered eligible for award, one (1) original copy of this proposal form, manually signed in Ink by an authorized signer of the firm, must be submitted with the Proposal. Pr-2 of Tamarac + 1 Purchasing and Contracts Division PROPOSAL FORM (continued) RFP 04-27R WORKER'S COMPENSATION INSURANCE AND CLAIMS ADMINISTRATION SERVICES PROPOSAL CERTIFICATION FORM The undersigned hereby confirms that: 1. He/she is a duly authorized agent of the Company submitting the proposal; and 2. He/she has read the General Terms and Conditions, the Instructions to Offerors, and all other terms and conditions which were made available to the Proposer in conjunction with the RFP, and fully understands and accepts these terms unless specific variations have been expressly listed on the Proposal Form; and 3. The Proposer will accept any awards made to it as a result of this Request for Proposals for a minimum of sixty (60) calendar days following the date and time of the proposal opening. /7/—/.= cL­i- k....,._ SIGNATURE OF AUTHORIZED SIGNER s 1s 2004 DATE H. Chuck Wilde TYPE/PRINT NAME Account Executive TITLE cwilde@flcities.com EMAIL ADDRESS NOTE: Proposals without the manual signature of an authorized signer of the Proposer, with authority to bind the proposing company in contract matters, shall be deemed non -responsive and ineligible for award. PF-3 CITY OF TAMARAC RFP NO. 04-27R ATTACHMENT "A" l . Executive Director: Michael Sittig 2. Since 1922 3. Orlando, FL 4. Toll free number to report claims: 1-877-676-3890 24/7. 5. Office hours are 9-5pm daily, toll free number is a 24/7 service. 6. Attached. 7. Adjusters assigned to Broward County: Adjuster Kristine Sujka-Lost time (4 yrs), Adjuster Sharon White- Med Only (2 yrs), & Wilma Mosley -Claims Supervisor (12 yrs), Linda Smith RN, CRRN-Managed Care Supervisor (20 yrs), Katherine Weng RN (7yrs) and Michael Coefield (10 yrs). 8. Attached. 9, 12, & 13. Upon receipt of a claim the adjuster is to conduct a thorough investigation (employer investigation, employee investigation, provider investigation, witness investigation, ect.). Outside investigation is required as needed on complex, catastrophic, and questionable claims. A decision on compensability is to be made in a timely manor according to the statute/law, and supported by case facts as they relate to the application of statutory obligation and case law. Direct personal contact is necessary on catastrophic, complex and other cases where it is advantageous to provide on -site case/medical management. Personal contact with the injured worker is sometimes important when investigation complex, catastrophic or questionable claims. ;C- 10. Initial and subsequent reserves should be factually based and reflect the total probable total payment obligations. Reserve updates should b e made when the known facts cause changes to the probable total payment obligations. The adjusters have the responsibility of evaluating reserves during each review of the file. 11. Claims reviews, meetings and frequency, can be scheduled upon request once a quarter, with a two- week notice of the scheduled date. 14. Choice Managed Care Network is utilized for bill review and payment; the adjusters approve the bills and forward to Choice for application of fee schedule and payment. 15. Attached are the current Managed Care provider lists as requested. 16. N/A 17. FMIT — Attached. Reinsurer - National Union Ins. Co. A++ XV. 18. None. 19. Legal counsel is selected from an approved list of attorneys, and selected based on the geographical location of the case. 20. Previously listed.. 01r of Tamarac Purchasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL PARTNERSHIPO CORPORATION FX� OTHERE] If "Other', Explain: H. Chuck Wilde Authorized Signature Name (Printed Or Typed) Account Executive 59-6001124 Title Federal Employer I.D./Social. Security No. Florida League of Cities, Inc. 407-425-9142 Company Name Telephone Post Office Box 530065 407-425-9378 Address Fax Number Orlando, FL 32853-0065 H. Chuck Wilde City/State/Zip Contact fton cwilde@flcities.com Contact Email address Page 1 of 1 Certification City of Tamarac & Contracts Division A4;111IJ1401 T*_T0IW"_I7: N/A I, (Name), the duly elected Secretary of (Name of Corp.), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20 (SEAL) By: Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page i of 1 Certified Resolution of Tamarac :' ; a . �� Purchasing & Contracts Division OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 881h Avenue Tamarac, Florida 33321 Company: Florida League of Cities, Inc. Contact Name: H • Chuck Wilde Address: City, State, Zip Telephone No. Fax No. Post Office Box 530065 Urlando, FL 32853-0065 407-425-9142 407-425-9378 Check One DCorporation FlPartnership 1:1 Individual F-10ther 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Florida League of Cities, Inc. The address of the principal place of business is: Orlando 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: 1922 b) State of Incorporation. Florida c) d) e) Executive Director Pfeskk--nt's name: Michael Sittig Vice President's name: N/A Secretary's name: N/A 0 Treasurer's name: N/A g) Name and address of Resident Agent: H. chuck i d Page 1 of 5 Offeror's Qualification Statement of Tamarac Purchasing & Contracts Division. 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: 4. 5. 7. 8 E61 c) State whether general or limited partnership: If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A How many years has your organization been in business under its present business name? 82 a) Under what other former names has.your organization operated? N/A Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. A-284526 Have you personally inspected the site of the proposed work? FIYES ❑ NO N/A Do you have a complete set of documents, including drawings and addenda? ❑ YES F-] NO N/A 10. Did you attend the Pre -Proposal Conference if any such conference was held? F-1 YES ❑❑ NO N/A Page 2 of 5 Offeror's Qualification Statement City of Tamarac 0 Purchasing & Contracts Division `\ 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: NO 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name City of Sunrise - Bill Mason City of Plantation - John Mc Address 10770 West Oakland Pk Blvd Sunrise. FL 333!31 Telephone 954-572-2496 54-797-2 rianation, I-L 333I City of Oakland Park- AlvarezGail h _ 6250 Oakl nd Park, FL 33434 - 13. List the pertinent experience of the Key individuals oT your organization (continue on insert sheet, if necessary). van Chuck Wilde - 20 years Byron Beard - 35 years Valerie Burns - 18 Years Crosby Coleman - 25 _years 14. State the name of the individual who will have personal supervision of the work: Byron Beard 15. State the name and address of attorney, if any, for the business of the Offeror: General Counsel - Harry Morrison, FLC - Tallahassee 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: N/A 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Page 3 of 5 Offerors Qualification Statement City of Tamarac Purchasing & Contracts LOMSiOn 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank --- _ _ .. ...,.,.. ._.,� AddressTelephone„ ,_..,. ...,._ Capital City Bank of Tallahassee 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: Shorsten and Shorstein 22. Is this financial statement for the identical organization named on page one? EIYES E NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Financial statement is for the FLC sponsored insurance trust. Page 4 of 5 Offeror's Qualif<cation Statement Citv of Tamarac `�� Sly Purchasing & Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel an terminate the award and/or contract. re ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the ILL*' day of _._„j. � , 20 �LLL , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) oHndividual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: 9arbprO b Mathewson MY Ilan DD033241 a ExPkas July 20, 2005 (3/ NOTARY PUBLIC, STATE OF FLORIDA aA�.6P-R b���� (Name of Notary Public: Print, Stamp, or Type as Commissioned) 1!6 Personally known to me, or ❑ Produced identification: (Type of Identification Produced) 5f DID take an oath, or ❑ DID NOT take an oath Page 5 of 5 Offerors Qualification Statement FLORIDA LEAGUE OF CITIES, INC. UNLAWFUL SUBSTANCE POLICY STATEMENT The Florida League of Cities, Inc. does not condone, support or encourage the use, possession, distribution, manufacture or dispensing of unlawful drug substances. The Florida League of Cities, Inc. has an established policy regarding employee assistance and will provide its employees with the help and assistance deemed necessary under the circumstances. Florida League of Cities, Inc. - Authorized Signature .Tune 29, 2004 Date of Tamarac. Purchasing & Contracts Division State of County of NON -COLLUSIVE AFFIDAVIT )ss. N/A being first duly sworn, deposes and says that: 1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of , the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness By Witness Printed Name Title Page 9 of 2 Nan -Collusive Affidavit City of Tamarac & Contracts Division State of Florida County of ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT N/A On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Non -Collusive Affidavit FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE PROPOSAL � me; CITY OF TAMARAC PROPOSED EFFECTIVE DATE: October 1, 2004 ADMINISTERED AND PREPARED BY: PUBLIC RISK SERVICES OF THE FLORIDA LEAGUE OF CITIES, INC. P.O. BOX 530065 ORLANDO, FL 32853-0065 August 17, 2004 FLORIDA MUNICIPAL INSURANCE TRUST WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 2004-2005 LIMIT OF LIABILITY: Workers' Compensation: Statutory Employers' Liability: Total Payroll: City of Tamarac FMIT 0584 $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate by Disease Deductible Stoploss Drug Free Workplace Credit (5%) Safety Credit (2%) Experience Modification NET PREMIUM: $25,000 $19,526,900 Yes Yes 10/1 /04 0.69 $459,476 WORKERS' COMPEN ATION PAYROLLS CODE DESCRIPTION PAYROLL 0251 Irrigation Works Operation & Drivers 183,062 5190 Electrical Wiring - Within Buildings & Drivers 41,372 6403 Carpentry NOC 46,712 5509 Street or Road Maintenance or Beautification & Drivers 976,623 7380 Chauffeurs Drivers & their helpers NOC - Commercial 303,040 7520 Waterworks Operation & Drivers 2,137,071 7580 Sewage Disposal Plant Operation & Drivers 372,318 7704 Firefighters & Drivers 6,145,259 8380 Automobile Service or Repair Center & Drivers 238,201 8810 Clerical Office Employees NOC 5.180,055 8820 Attorney - All Employees & Clerical, Messengers, Drivers 392,561 9015 Buildings - Operation by Owner or Lessee 211,283 9102 Park NOC - All Employees & Drivers 1,377,104 9410 Municipal, Township, County or State Employee NOC 1,922,239 TOTAL PAYROLL 19,526,900 PLEASE READ THIS PAGE CAREFULLY NO COVERAGES, TERMS OR CONDITIONS ARE TO BE ASSUMED. All Trust Programs are Non -Assessable Terms of this Agreement: Premiums shown are subject to year-end audit adjustments. All coverages provided by the Florida Municipal Insurance Trust are on an occurrence format. The Florida Municipal Insurance Trust does not automatically included prior acts (tail) coverage. 2004/2005 PREMIUM INSTALLMENT PLAN First Installment Second Installment Third Installment Fourth Installment 25% minimum due 25% minimum due 25% minimum due 25% minimum due October 1, 2004 January 1, 2005 April 1, 2005 July 1, 2005 Payment will be forward to the League Office in Tallahassee For any other coverages, the premium is billed by the Florida League of Cities and due in full at inception, regardless of the size of premium Forty-five (45) Days Notice of Cancellation and Non -Renewal Ten (10) Days Notice of Cancellation for Non -Payment of Premium FLORIDA LEAGUE OF CITIE§ PUBLIC RISK SERVICES Public Risk Services is a full service operation formed to administer the Florida League of Cities' sponsored Trust. This office is located in Orlando, Florida and includes four primary departments. ,, POLICYHOLDER RELATIONS Policyholder Relations/service is pU-d d forthe Florida League of Cities' sponsored insurance Trust. Service is provided throughout the state withrepresentatives in geographically defined territories. The North portion of Florida is serviced by Tom Conleyd in Tallahassee; the Central portion is serviced by John Ligon in Orlando; and the South portion is serviced by Chuck Wilde in Vero Beach. UNDERWRITING Functions of this department include evaluating insurance exposures for prospective and current members; computing premiums for proposals, renewals and audits; and issuing policies. Department personnel are divided into four teams including a separate health unit along with territorial teams to work with each marketing representative. Additionally, premium billing and collection is coordinated between the Tallahassee and Orlando office. CLAIM ADJUSTING/MONITORING An integral part of the service is both the claims adjusting and the monitoring functions. All claims are handled "in house" by League personnel. RISK CONTROL The Florida League of Cities Risk Control services provides resources to address property, liability and workers' compensation losses. This includes implementation of a formal loss control program, field consultation, risk management/ safety training programs, field inspection and custom designed programs for specialized operations. In addition, the department provides risk bulletins and a monthly "Safety Update" newsletter for public entities. There is no cost to members associated with any of these resources. OVERVIEW OF THE FLORIDA LEAGUE OF CITIES SAFETY SERVICES The problems contributing to accidents, injuries and lawsuits involving public entities are understood to be much more complex than ever before. With your cooperation and our loss prevention expertise, success in loss avoidance/reduction is an achievable goal. Take advantage of our services. SYSTEM 7 This safety management program assists you in the implementation of a formal "measurable" loss control program. The League provides an orientation and all materials necessary to implement the program immediately. The success of cities on this program has been excellent. This program is the cornerstone for all of our other services. 2 FIELD SURVEYS We assist you in making and understanding "how to" conduct a proper jobsite inspection to uncover unsafe workplace or worksite conditions that could result in loss. 3 FIELD CONSULTATION The field consultation program provides members with advice regarding the development and implementation of meaningful policies and procedures that could assist the entity on managing their operations for success in loss avoidance. This service also includes a complete assessment of your present loss control efforts. Written recommendations accompany all field consultations. 4 SAFETY TRAINING Workshops, seminars and other training formats are available to support your program. Examples of programs: (1) How to make accident investigations (2) Job hazard analysis (3) Accident investigation (4) Proper lifting (5) Proper hiring techniques (6) Recreational safety 5 RISK BULLETINS & "LIFTING' PAMPHLETS Risk bulletins on a variety of subjects are available to support your efforts. Listing provided on request. 6 CUSTOM SLIDE/VIDEO PROGRAMS If your operation is unique or your problem is specific in nature, the League has the capability to develop an in-house "custom" program on "any" topic. i NEWSLETTER Support your program with information developed for our Monthly Safety Newsletter. THERE IS NO COST FOR ANY OF THE ABOVE SERVICES. THEY ARE PROVIDED AS A MEMBER SERVICE OF THE FLORIDA LEAGUE OF CITIES. ATTACHMENT A #17 MUN� lA. cE TR Florida League of Cities, Inc., administrator for the Florida Municipal Insurance Trust 125 East Colonial Drive Orlando, FL 32801. Toll Free: (800) 442-6248 Fax: (407) 425-9378 www.fleities.com/insurance c - 7 �ti� a MuNic � .� CE '�R FMIT Snapshot! 125 East Colonial Drive Insurance Office Orlando, FL 32801 Years in Service 27 Number of Insurance Profes- 90+ employees sionals $81 Million in premiums for our Property and Book of Business Casualty program $15 Million in premiums for our Health program $67 Million in Surplus as of 3/31/04 Financial Strength $310 Million in Assets as of 3/31/04 Reinsurance All A rated carriers Includes: Workers' Compensation, Property, Auto Property and Casualty Piro- ; Liability, Auto Physical Damage, General Liabil- gram ity, Errors & Omissions, Law Enforcement, and Miscellaneous Ancillary_Coverages Includes: HMO, POS, Dental, Vision, Health Program Short -Term Disability, and Life 16 WC Licensed Adjusters 8 Property & Liability Licensed Adjusters Claims Management Staff. 4 Nurses 5 Health Examiners 19 Su port Staff Avers a Ad'ustin Experience 8+ years 26 arrests Special Investigation. Unit 12 cases successfully prosecuted $829,800.66 ordered in restitution 0 s 0 0 0 d � I N o ►r 4 FLORIDA MUNICIPAL INSURANCE TRUST COMPILED FINANCIAL STATEMENTS MARCH 31, 2004 SHORSTEIN & SHORSTEIN, P.A. CzPrn IzD rv■WC ACCOUNTANTS 8263 BAYBERRY RCUM JACKSONVILLi, FLoRIDA 3?rZ�ii Q JACK F- SHORUMN, G.P.A. "mucL R. SHORREIN, c.r.A. MAIeK J. SHORT m, c.P.A. WALTZI! I. HUNr[R, C.P.A. H. Dm Hoorm c.r.A. MICHAEL K PARRISH, C.P.A. SARI1AM J. HOUSTM, C.P.A. J"N s. MOELI., C.P.A. Tw-WHONIC (SOL) 739.13I 1 FACSIMILE (904) 729-2W9 YYR arm V WW.iHQRlTE1NCrA.COM May 13, 2004 r~ t� y To the Trustees of the Florida Municipal Insurance Trust: y' We have compiled the accompanying balance sheet of the Florida Municipal Insurance Trust as of March 31, 2004, and the related statements of revenues, expenses and changes in fund equity and cash flows for the six months then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the e American Institute of Certified Public Accountants. m A compilation is limited to presenting in the form of financial n statements information that is the representation of management. We n have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Trust's financial position, results of operations, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters. 1 "pUO"M: A"vos,A„ Jr=rr+:= or C=! r11m rj,= C JNCCMJW-%N, Z . �yl y iftsvr rrs or ComFtlm l�uruc Amavrrrwrrrw Florida Municipal Insurance Trust *RALANCE SHEET Cash and Cash Equivalents Investments $ 34,536,D85 Premiums Receivable 237,709,472 Reinsurance Recoveries Receivable 21,675,128 �+ Receivable from Florida Special Disability Trust Fund 758,577 7,301,834 Ow Receivable for Members' Deductibles Mortgage Note Receivable 933,896 Prepaid Reinsurance 3,707,244 =' Prepaid Service Fee 883,282 1,825,000 C� � Prepaid Expenses - Other w. 638913 13 :r 08,822 W Total Assets 121 0,D72,25D ee LIABILITIES &M,EM... tQ ilk C Liabilities: Liability for Claims and Claim Expenses $207,393,714 ft Premiums Collected in Advance 32,779,520 e Accounts Payable 1,513,460 Accrued Fees - Administrator _ , 381,.246, d Total Liabilities 242,074,940 Fund Equity: Restricted $ 2,357,250 Unrestricted _ 65,612,060 67,97,310 Total Liabilities and Fund Equity P.3 12, 072 2 0 *See Accountants' Compilation Report. F. Florida Municipal Insurance Trust *STATEMENT OF RSVgMMS, EXPENSES AND CHANGES IN FUND EQUITY 9= the .x o 2 0 br_ eUfin9 .Revenueg Premium Income Investment Income Other Income Total Operating.Revenues gperati�9,.�xn, ens€@ Claims and Claim Expenses Administrative Fee and Service Fee Assessments - Florida Department of Labor and Employment Security' Sponsorship Fee Fraud Unit Expense Other Expenses Total Operating Expenses Operating Income Fund Equity, Beginning of Period Fund Equity, End of Period *See Accountants, Compilation Report. 3 $ 37,226,84 9,038,73 N 22,672,39 4,577,75 1,050,45 988,19 �• 260,01 y 7d 15,993,42 �. 5.QQ388 n rt Florida Municipal Insurance Trust *STATEMENT OF CASH FLOWS FOr e ash Z12YA fr.4M QDOratina_Activitj2q Cash Received from Members for Premiums Reinsurance Recoveries Florida Special Disability Trust Fund Collections Cash Received for Commissions Cash Paid to Property Pool Members Cash Payments for Claims Cash Payments to Suppliers for Goods and Services Cash Payments to Florida Special Disability Trust Fund Net Cash Provided by Operating Activities Cash_F „ows„.,.fm lZmasting Activities Interest on Cash and Investments Collections on Mortgage Note Net Cash Provided by Investing Activities S. - S • f •l . - S - - T.-T • . . =. . MIT .. *See Accountants' Compilation Report. 4 $ 52,478,333 1,677,030 3,498,999 220,855 (209,9821 (25, 904, 925) (13,276,193) _ 1,212,, 727) 232,380 18,723,401 15,812,684 "AI 536.085 EE Florida Municipal Insurance Trust *STATEMENT OF CASH FLOPS -F!2r the� &JX_ X2nthp Spled Marcla 3,1, 2QQ$ _ . . AK KUe T4��_ . - i • SS w y• •. . . r • - _ • • ri • �j • . VP Investment • wm QWSSLin'1 Increase in Premiums Receivable Decrease in Reinsurance Recoveries Receivable Decrease in Receivable from Florida Special Disability Trust Rind Increase in Receivable for Members' Deductible Increase in Prepaid Expenses - Other Decrease in Prepaid Reinsurance Increase in Deposits Decrease in prepaid Service Fee Decrease in Liability for Claims and Claim Expenses Increase in Premiums Collected in Advance Decrease in Accounts Payable Increase in Accrued Expenses see Accountants' Compilation Report. $ 15,993,427 (9,038,733) 4 w y (17,828,759) OLI 251,732 m 2,683,818 �. (152,759) (551,923) v' 2,019,407 (13,757) 75,000 (869,290) 26,213,981 c (1,521,167) 1412 7 3 0 rn„ m �s FLORIDA MUNICIPAL INSURANCE TRUST FINANCIAL STATEMENTS SEPTEMBER 30, 2003 I J wj Florida Municipal Insurance Trust Financial Statements September 30, 2003 TABLE OF CONTENTS itle Pagg_ Number INDEPENDENT AUDITORS' REPORT 1-2 MANAGEMENT'S DISCUSSION AND ANALYSIS 3_9 'BALANCE SHEET 10 STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND EQUITY. 11 STATEMENT OF CASH FLOWS 12-13 NOTES TO FINANCIAL STATEMENTS 14-23 SCHEDULE 1 - REQUIRED SUPPLEMENTARY INFORMATION TEN-YEAR CLAIMS DEVELOPMENT INFORMATION 24-25 SCHEDULE 2 - REQUIRED SUPPLEMENTARY INFORMATION CLAIMS LIABILITY BY TYPE•OF CONTRACT 26 JACK F. SHORSTEIN, G.P.A. SAMUEL R. SHORSTEIN, C.P.A. MARK J. SHORCTEIN, C.P.A. WALTER L. HuNTER, G.P.A. H. DAN HOOPER, C.P.A. MICHAEL K. PARRISH, C.P.A. BARSARA J. HouiToN, C.P.A. JOAN S. MDELL, C.P.A. SHORSTEIN & SHORSTEIN, P.A. CERTIFIED PUBLIC ACCOUNTANT$ 8268 BAYBERRY ROAD JACKSONVILLE, FLORIDA 322SS January 5, 2004 To the Trustees of the Florida Municipal Insurance Trust: TELEPHONE (904) 739-1311 1rACSIMILE (904) 739,20M WEOSRE WVV W.8 HO RSTKI NCPA.COM _) We have audited the accompanying balance sheet of the Florida Municipal Insurance Trust as of September 30, 2003, and the related statements of revenues, expenses and changes in fund equity and cash flows for the year then ended. These financial statements are the responsibility of the Trust's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In'our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Florida Municipal Insurance Trust as of September 30, 2003, and the results of its operations and its cash flows for the year then ended in conformity with U.S. generally accepted accounting principles. 1 MEMBMS, AW CRICAN INJIMMITE OF CERTIFIED PUBLIC ACCOUNTANTS • FLORIDA INSTiME OF CERTIFIED PUBLIC ACCOUNTANTS The Management's Discussion and Analysis on pages 3 through 9 is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the U.S. We have applied certain limited procedures, which consisted principally of inquiries of.management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Schedules 1 and 2 are comprised of information derived from the financial statements of the Florida Municipal Insurance Trust as well as predecessor entities, the Florida Municipal Liability Self - Insurers Program, the Florida Municipal Self -Insurers Fund, the Florida Municipal Property Self Insurers Program and the Florida Municipal Health Trust Fund. The respective financial statements were previously audited by us -in accordance with U.S. generally accepted auditing standards,'and'we expressed unqualified opinions on those financial statements. In our opinion, the information set forth in Schedules 1 and 2, as required by the Governmental Accounting Standards Soard, is fairly stated in all material respects in relation to the financial statements from which it has been derived. J 2 Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSTS or the Ygar Ended t The following discussion and analysis will provide an overview of the financial activities of the Florida Municipal Insurance Trust (the Trust) for the fiscal year ended September 30, 2003. Please read this in addition to the financial statements, notes to the financial statements, and other supplementary information provided herein. ?UmagijLl High1jalats • Assets exceeded Trust Liabilities at September 30, 2003, by $52,003,883. Of this amount, $2,357,250 is being held as collateral for surety bonds that have been issued to the Florida Municipal Loan Council and is considered restricted. The Trust's governing Board of Trustees determines if, how much, and when Fund Equity distributions are to be made, based on the Trust's long- term financial needs. • Fund Equity increased by $18,207,431 in 2002-2003 due primarily to favorable past year loss development in the Workers Compensation and General Liability lines of coverage and base premium rate increases. • The Trust invests more than $228,000;Q00 primarily in the various portfolios of the Florida Municipal Investment Trust (FMIvT), an external investment pool, as allowed under the Trust's investment policy. Income derived from these investments is used to fund incentive credits and offset certain administrative expenses. Given the nature of the Trust's operations and the integral part investment income plays in those operations, it would be inappropriate for the Trust to exclude investment income from operating activities. Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS Year Ended September 30, 200 Basic Financial Statem . ? The Trust is an independent reporting entity accounted for as an enterprise fund in accordance with U.S. generally accepted accounting principles for governments as established by the Governmental Accounting Standards Board (GASB). These governmental accounting rules require the'Trust to prepare a series of financial statements. The Balance Sheet provides information about the assets and liabilities at a specific point in time, in this case, September 30, 2003. The Statement of Revenues, Expenses, and Changes in Fund Equity provides information about revenues (additions to.fund equity) and expenses (deductions from fund equity) recorded during the entire fiscal period from October 2002 through September 2003. The Trust uses the flow of economic resources measurement focus and "> the accrual basis of accounting. Under this method, revenues are recorded when earned and expenses are recorded at the time the liabilities are incurred. Notes to the financial statements. The footnotes provide additional information essential to the understanding of the financial statements. . supplemental information. In addition to the basic financial statements and accompanying notes, this report also presents certain supplementary information regarding the Trust's ten-year claims development history. Setting member premium rates today to cover the assumed risk of possible future loss occurrences is largely guided by claims development. Analysis of trends in claims development indicates whether losses are increasing, decreasing or static. Income and expenses. The majority of the Trust's operating income and expenses are contained within a relatively small number of accounts. Following is a brief description of the major accounts.. Premium Income. The Trust provides insurance to members in much the same way as.insurance companies provide insurance Protection for customers. Coverages are rated for each individual member based on established rates, adjusted by experience modifiers and discounts to reflect the actual loss experience of the member. The experience modifier is based on prior experience adjusted by certain factors. Member premium. rating is accomplished by the Trust's Underwriting Department, which has assigned each member to one of its staff �J underwriters. 4 Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS r the Year Ended Se2tgmber 30 QQ Investment income. The Trust has a highly diversified investment portfolio. The target allocations established under 1 the Trust's investment policy are 20* equity and 80* fixed income. The Trust's investments are managed primarily through the equity and bond portfolios of the FMIvT. The Trust complies with the provisions of GASB Statement 31 by including in investment income the change in fair value of its investments. Claim payments and reserves. The Trust pays for covered losses experienced by its members as well as related claims expenses. The Florida League of Cities, Inc. has a contractual agreement with the Trust to function as its administrator. All claims are processed and managed in-house by the administrator. Outside claims adjusters, attorneys, medical experts., and other professionals are contracted on an as needed basis. Between the time a claim is reported and the time it is resolved, reserves are established for the estimated amount that will have to be paid at some future date to settle the loss. Reserves are also established for claims that have occurred, .J but are not yet known to the Trust. This recognizes losses in the current year for claims that will be paid in future periods. This process allows a matching of current year premiums with.estimated total losses that will be incurred as the result of, current fiscal year coverages. ;) Administrative expenses and contract service fees. In providing coverage and other member services, the Trust incurs administrative expenses and contract service fees with both the administrator and outside vendors. All of these expenses'a.re budgeted and monitored on a regular basis for compliance with budgetary limits. The administrator assesses their fees based on member premiums and no change in this contractual arrangement is anticipated in the near future. 1 5 Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS For the Year Ended S ember 0 2003 29Marative„..Financial Information Table 1 Balance Sheet ssets• Cash and Cash Equivalents Investments Premiums Receivable Reinsurance Recoveries Receivable Receivable from%Florida.Special Disability Trust . Receivable for Members' Deductibles ;} Prepaid Reinsurance Prepaid Service Fee Prepaid Expenses - Other Mortgage Note Receivable Deposits Total Assets Liabitties: Liability for Claims and Claim Expenses Premiums Collected in Advance Accounts Payable Accrued Expenses: Administrative Fee Sponsorship Fee Total Liabilities Euit Y Fund Equity Total Liabilities and Fund Equity 6 $ 15,012,684 228,903,119 3,846,369 1,010,309 9,985,652 781,137 3,902,689 900,000 86,990 4,863,875 89,062 g272,181,88f $208,263,004 6,565,539 3,034,627 240,515 74,318 218,178,003 2 00 86 270 1F-L 8B 2Q1-2002 $ 6,942,078 215,733,417 3,679,527 3,683,699 10,685,370 948,960 2,987,825- 1,050,000 36,054 5,090,540 .89,062 $25Q, ElLf 532 $210,054,775 4,118,985 2,681,3.62 205,188 69,770 217,130,080 33,796,452 50 2fi 32 i Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS FOZ t Y a 30, 2QQa Table 2 Statement of Revenues, Expenses and Changes in Fund Equity B2vQ" es Premium income Investment Income Other Income Total Operating Revenues Exnenses- Claims and Claim Expenses Administrative and Service Fees Assessments - Florida Department of Labor and Employment Security Sponsorship Fee Coverage Litigation Costs Fraud Unit Expense Other Expenses $ 71,676,492 13,665,893 335.13B 85 23 51,396,565 8,609,123 2,172,376 2,039,706 -0- 337,965 2,914,357 Total Operating Expenses 67.470.Q92 Operating Income (Loss) 18,207,432 Fund Equity, Beginning of Year _33,726,, 452 Fund Equity, End of Year 52,003,113 2001-2002 $ 63,020,147 5,102,963 222 7 69,345,227 53,873,519 7,684,318 eo 1,976,275 C 1,750,468 1,272,587 339,586 m 1,610,622.n 68,5Q.L75 ■s (162,148) 33,999.1600 . A 23.7 The Trust implemented GASS Statement 34 for financial statement reporting purposes. Premium income is now presented net of incentive credits which were previously presented as a separate expense on the financial statements. In addition, expenses for vision and life reinsurance were previously included in other expenses. These are now netted against premium income. For comparative purposes premium income in Table 2 for fiscal year 200.1- 2002 is presented net of incentive credits in the amount of $10.658,895 and additional ceded reinsurance in the amount of $230,006. 7 Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS FQr the Year, Ended_§_t=m_ber 1g,200 Some of the more important fund transactions during 2002-2003 are: • The improving overall economic environment has contributed to the increase in investment income. The Pool earned $13,665,693 in investment income for 2002- 2003, which was greater than the $5,102,963 earned in the previous year. 0 Improving loss development in previous claims years for Workers Compensation -and General Liability has decreased the overall Claims Expense to $51,396,565 for 2002-2003, which is down from $53,873,519 in 2001-2002. • For the fiscal year ended September 30, 2003 the Trust reported earned premium of $71,676,492 compared to $63,020,147 in the previous year. The primary reasons ee for the increase in premiums are due to a combination of 5' increased base rates for 2002-03 and new business. C Capital Asset and Long -Term Debt Activity e� The Trust has no capital assets or any long-term debt. rt Economic Factors . The general outlook for the Trust continues to be favorable and the major economic factors. influencing its performance have not changed dramatically. The major internal challenges facing the Trust are.to control administrative expenses and claims, while pricing their products sufficient to cover unfavorable developments in industry trends. According to recent actuarial reports, expense ratios as a percentage of premiums for the various lines remain under control. Furthermore, there are no indications of any adverse developments with regards to ultimate reserves on prior years. During the 2003 session Florida lawmakers passed legislation to reform key aspects of the Workers Compensation law. The bill was primarily designed to limit the permanent total disability eligibility, reduce attorney involvement and make adjustments to medical fees paid to providers and hospitals. The effective date of this legislation was October 1, 2003 and is anticipated to constrain claims costs on claims filed after the effective date. 8 Florida Municipal Insurance Trust MANAGEMENT'S DISCUSSION & ANALYSIS FQr the Year Ended geRtgMher At renewal the Trust was able to add $2.8 million in normal premium net of cancelled business for workers compensation and liability premiums while increasing rates pursuant to actuarial recommendations. The overall retention for the Trust was 98t. Rpmests for InggmatiQj; This financial report is designed to provide a general overview of the Trust's finances. Questions concerning the information provided in this report or requests for additional financial information should be addressed to the Director, Florida Municipal Insurance Trust, P.O. Box $381.35, Orlando, FL 32853. E �j Florida Municipal Insurance Trust *BALANCE SHEET September 30 2003 ASSETS Cash and Cash Equivalents $ 15,812,684 Investments 228,903,119 Premiums Receivable 3,846,369 Reinsurance Recoveries Receivable 1,010,309 Receivable from Florida Special Disability Trust Fund 9,985,652 i Receivable for Members' Deductibles 781,137 Prepaid Reinsurance 3,902,689 Prepaid Service -.Fee 900,000 Prepaid Expenses - Other 86,990 Mortgage Note Receivable 4,863,875 Deposits 89,062 Total Assets $270,181.886 1 Liabilities: Liability for Claims and Claim Expenses $208,263,004 Premiums Collected in Advance 6,565,539 Accounts Payable 3,034,627 Accrued Expenses: :) Administrative Fee 240,515 Sponsorship Fee .74,318 Total Liabilities 218,178,003 Fund Equity: „1 Restricted $ 2,357,250 Unrestricted 49,646,633 Total Fund Equity — .2,003,883 Total Liabilities and Fund Equity $270r181,886 i i *The accompanying notes are an integral part of these financial statements. 10 i Florida Municipal Insurance Trust *STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND EQUITY For the ar Ended2003 Q=ratinq Revenues Premium Income '7 Investment Income Other Income Total Operating Revenues era n E Claims and Claim Expenses l Administrative and Service Fees Assessments - Florida Department of Labor and Employment Security Sponsorship Fee Fraud Unit Expense Other Expenses ") Total Operating Expenses Operating Income Fund Equity, Beginning of Year Fund Equity, End of Year r 3 $ 71,676,492 13,665,893 325_138 85-67"23 51,396,565 8,609,123 2,172,376 2,039,706 337,965 2.914.3„§77 --E7-470.092, 18,207,431 33,796.452 *The accompanying notes are an integral part of these financial statements. 11 I , i i Florida Municipal Insurance Trust *STATEMENT OF CASH FLOWS For the Ended September 30. 2003 Cas FIow f om Operating Activities Cash Received from Members for Premiums $ 86,247,408 -� Reinsurance Recoveries 5,434,825 Florida Special Disability Trust Fund Collections 2,158,267 Cash Received for Commissions 335,138 Cash Collected for Property Pool Members 104,909 Cash Payments for Claims (58,104,456) Cash Payments to Suppliers for Goods and Services (25,806,309) Cash Payments to Florida Special Disability Trust Fund (2,222,032) Net Cash Provided by Operating Activities 8,.147.750 Cash F jows from Investing Activities Interest on Cash and Investments. 603,793 Proceeds from Sale of Investments 5,205,601 _) Purchase of Investments (5,31.3,203) Collections on Mortgage Note 226,665 Net Cash Provided by Investing Activities p 722,856 NNIlicrease in Caph„and Cash Equivalents 8,870,606 �I Cash and Cash ivalents, Be inn' of Year 1 6 942_,078 Cash and Cash Ecruivalents, End ear 15 812,684 I � *The accompanying notes are an integral part of these financial statements. i 12 Florida Municipal Insurance Trust ' *STATEMENT OF CASH FLOWS for_the Year Ended September -30, 2003 Reconciliation of Operating Provided by Onerat;ina Acttiy„;Lties Operating Income $ 18,207,431 Adlustments to Reconci,leQperati_ng„..,Income to Net gash Pgovided by Q=atinOA—rtiy=ps Investment Income (13,665,893) i Change in Assets and Lia§ilities Increase in Premiums Receivable (166,842) Decrease in Reinsurance Recoveries Receivable 2,673,390 Decrease in Receivable from Florida Special Disability Trust Fund 699,718 )Decrease in Receivable for Members' Deductible 167,823 Increase in Prepaid Expenses - Other (50,936) i Increase in Prepaid Reinsurance (914,864) Decrease in Prepaid Service Fee 150,000 Decrease in Liability for Claims and i Claim Expenses • (1,791,771) Increase in Premiums Collected in Advance 2,446,554 ' Increase in Accounts Payable 353,265 Increase in Accrued Expenses 39,875 iN_et Cash PrQvide-d-by_Opgratina Activities _�,142,750 i i 3 1 *The accompanying notes are an integral part of these financial statements. I13 Reinsurance Program Fro e Tillinghast- Towers Perrin Broker Various Insured Entities 10 Pools effective 4/1/04 see attached page for details Trust Retention $2 million per occurance in excess of members deductibles ...- --I- - ■ A rrvinyrs %+um en5aucin Tillinghast -Towers Perrin Broker AIG/National Union Fire Ins. Company Statutory x's $1,000,000 Trust Retention $1, 000, 000 2003--2004 yasun NLC Mutual Insurance Company $10 Million in excess of $1 million Trust Retention $1,000, 000 Health I American Stoploss Broker Reliastar $900, 000 in excess of $100, 000 Trust Rentention $100,000 Stoploss Cov O O w 10 O O cn O O V A 1.9 O O O N axi Ej (n ai 0 3 'c ro 03 Q ro CA a� O � J cn —b w d Cl) N o �! c -. �, N a CL 0 a N , 6A (x� N fD m yN� 4 K O (x�Fag s. a; a oN a �� A (p o 3 @ ..3 t x, cn213 `L cn G� 3 co cn -, 3 +� 23 NGo cn n O j Cl) 6 f�9 N L 3 N co ffl :,� fA d9 fA !j9 i� Ila C) 3 p 3 O 3 O 3 O 3 3 N 3 V C 3 W -n _ $ c A fir t °a G� V y -13 .-. O_ S co y ll p0 a V O N W t/i Eft 69 A y 3 3 3 3 3 3 3 3 3 3 3 3 3 3