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HomeMy WebLinkAbout2001-077 Accepts SERMA Insurance Proposal• • RESOLUTION 77-2001 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM I3EACH, FLORIDA, ACCEPTING THE PROPOSAL OF SOUTHEAST RISK MANAGEMENT ASSOCIATION (SERMA) TO PROVIDE THE VILLAGE OF NORTH PALM BEACH WITH GENERAL. LIABILITY INSURANCE, PROPERTY COVERAGE INSURANCE, WORKERS COMPENSATION ANI) OTHER INSURANCE COVERAGES AS SET FORTH IN EXHIBIT "A" ATTACHED TO THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby accept the proposal of Southeast Risk Management Association (SERMA) to provide the Village of North Palm Beach with general liability insurance, property coverage insurance, workers compensation and other insurance coverages as set forth in Exhibit "A" attached to this Resolution. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 13th DAY OF SEPTEMBER, 2001. (Village Seal) ATTEST: VILLAGE CLERK SOti.�HEAST RISK MANAGEMENT ASSOC/AT/ON S E RMA Proposal for: THE VILLAGE OF NORTH PALM BEACH REQUEST FOR PROPOSAL PROPERTY/CASUALTY & WORKERS' COMPENSATION INSURANCE PROGRAM Presented by: PATRICK M. BOWEN, ADMINISTRATOR FOR SOUTH EAST RISK MANAGEMENT ASSOCIATION (SERMA) Date: JULY 26, 2001 Coconut Creek • Lake Clarke Shores • Lake Worth • Lantana • North Palm Beach • Parkland McCreary Corporation, Administrator, 700 Central Parkway, Stuart, FI 34994 (561) 287-7650 • (800) 431-2221 Page 63 • PROPOSER: ADDRESS: SECTION V VILLAGE OF NORTH PALM BEACH PROPOSAL FORM PROPERTY, CASUALTY, WORKERS' COMPENSATION, ETC. INSURANCE COVERAGE SOUTH EAST RISK MANAGEMENT ASSOCIATION (SERMA) 700 Central Parkway Stuart. FL 34994 TEL.# 800-431-2221 FAX # 561-287-1387 CONTACT PERSON: pntrirk M Between,. Aaini„iatria tor (art 4470) QUOTES COVERAGE DEDUCTION AMOUNT 1. GENERAL LIABILITY 2. PROPERTY COVERAGE 3. AUTOMOBILE LIABILITY 4. EDP 5. INLAND MARINE 6. CRIME/BOND 7. BOILER & MACHINERY 8. PUBLIC OFFICIAL LIABILITY 9. EMPLOYMENT PRACTICE 10. STATUTORY AD&D 11. WORKERS' COMP. _ TOTAL as requested as reauested 11 It $602,027.00 We have not stipulated a premium at the individual coverage levels as SERMA is a risk sharing pool, formed under the provisions of F.S. 163 and includes excess insurance coverage along with other services as described in the attached "clarifications & exception: The undersigned hereby proposes and agrees, if this proposal is accepted, to furnish the the items proposed at the dove mentioned prices. Signature Firm Address SOUTH-EAST RISK MANAGEMENT ASSOCIATION 700 Central Parkway Stuart. FL 34994 Administered by: McCreary Corporation Date 07/26/2001 Tel. # 800-431-2221 Fax # 561-287-1387 Page 64 • MUNICIPALITY REFERENCE LIST OF EXISTING MUNICIPAL CLIENTS CONTACT PERSON TELEPHONE # 1 City of Coconut Creek Sam Irvin. Risk Manager 954-973-6737 2 Town of Lake Clarke Shores Joann Batton, Administrator 561-964-1515 3 City of Lake Worth 4 Town of Lantana 5 City of Parkland Dave Murphy, Risk Manager Mike Bornstein, Manager 561-586-1749 561-540-5004 Judith Kilgore, Finance Dir. 954-753-5040 6 City of Port St. Lucie Victor Granello, Deputy Manager 561-871-5209 7 City of Stuart Bill Underwood, Finance Dir. 561-288-5310 8 9 10 Page 65 VILLAGE OF NORTH PALM BEACH REQUEST FOR PROPOSAL PROPERTY/CASUALTY & WORKERS' COMPENSATION INSURANCE PROGRAM CLARIFICATIONS AND EXCEPTIONS Section I — Instructions to Proposers #6.3 Should SERMA be the successful proposer, the existing contracts (interlocal agreement, by-laws, & administrative service agreement) will continue as they are now written or amended by the SERMA Board of Directors in the future. Section I1— General Conditions #3.3 SERMA members may be charged a late payment fee of 1 % per month on the amount of the payment due. Section II — General Conditions #6.0 The SERMA agreement for services contract includes an indemnification clause (page 8 of 9, item XII) which is slightly more restrictive. In essence, McCreary Corporation agrees to indemnify, defend and hold harmless SERMA (&/or it's members) for a) penalties or fines that are solely the fault of the Administrator, b) claim payment or premium payment made in error if it is not recoverable, claims resulting from errors, omissions or c) negligence on the part of the Administrator unless the action was at the direction of SERMA or the result of SERMA's negligence. Section III — Special Conditions #1.5 The SERMA Board of Directors has approved the total premium/contribution indicated on the proposal form for the 10/1/2001-2002 year. Although future years cannot be guaranteed, we have not had reason to require an increase in excess of 15% that is occurring this year and is the direct result of the hardest insurance marketplace since the post Hurricane Andrew (1993-1995). Prior year increases have not exceeded 10% with some years as low as 5%. Please note these increases reflect the insurance market as well as your claims activity and exposure changes (new & additional property, increases in staff, payroll & vehicle fleet, etc.) Section III — Special Conditions #3.1 There are no applicable discounts or prompt payment incentives; however, the total contribution is payable at 40% due 10/1/2001 and 9 future installments equal to 6.67% due on the first of each consecutive month 11/1/2001 through 7/1/2002. Section IV — Specifications: Our proposal includes reinsurance premiums for all of the insurance coverage requested PLUS Consortium/Pool Administrative Fees (claim administration, consortium administration, and loss control & safety consultative services) Flood Insurance Premiums (for locations in an A or V zone —others are included with the property insurance coverage) Workers' Compensation Self -Insurer Assessments Claim Payments Claims IBNR Fund (incurred but not reported) Consortium/Pool Professional Fees (accounting, audits, actuarial reports, legal services) Memberships to Law Enforcement and Working Fire Training Networks Conference & Training Fees, up to $7,500 per year/all members (for members or member employees attendance & participation) Miscellaneous Expenses (as approved by the Board of Directors ...i.e., property appraisals) 1 of 2 Page 66 • VILLAGE OF NORTH PALM BEACH REQUEST FOR PROPOSAL PROPERTY/CASUALTY & WORKERS' COMPENSATION INSURANCE PROGRAM CLARIFICATIONS AND EXCEPTIONS CONTINUED Section IV — Specifications: Property I) Values will be amended to reflect increase reported to the Country Club Clubhouse and/or as the result from the up -coming property appraisals being supplied through SERMA. 2) The policy limits will be blanket, per occurrence based on the reported insurable values of all members. Boiler & Machinery The insured limit will be $30,000,000 per occurrence based on the estimated maximum loss for any one member. Comprehensive General/Automobile/Public Official/Emolovment Practices Liability Coverage is included for all police operations and extends to include additional insureds for leased vehicles & the EMT/Paramedic Medical Director as required by the governing statutes. The SERMA oroeram also includes coveraee for: Non -Owned Aircraft Liability Limit $1,000,000 Liability, Each Occurrence, including passengers $ 1,000 Medical Payments, Each Person $ 4,000 Medical Payments, Each Occurrence, including crew Business & Pleasure use in any fixed wing single engine land aircraft bearing a standard category airworthiness certificate have no more than 4 total seats or any rotor -wing land aircraft bearing a standard category airworthiness certificate have no more than 2 total seats & having a certificated gross weight not in excess of 12,500 pounds. 2 of 2 Page 67 • CERTIFICATION OF DRUG -FREE WORKPLACE PROGRAM I certify the firm of McCreary Corporation. Administrator. for South East Risk Management Association responding to Reauest for Proposal. Property/Casualty & Workers' Compensation Insurance Pro ram to the Village of North Palm Beach. Florida maintains a drug -free workplace program and the following conditions are met. 1. We 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. We inform employees about the dangers of' drug abuse in the workplace, the company'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. We 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 we 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 than five (5) days after such conviction. 5. We impose a sanction on, or require the satisfactory participation in a dnig abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. We make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above re . Administrator Proposers' Signature / Title 07/26/2001 Date McCreary Corporation. Administrator. for South East Risk Manag ement Association Firm Name Page 68 • SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Village of North Palm Beach, Florida [print name of public entity] by Patrick M. Bowen. President [print individual's name and title] McCreary Corporation, Administrator, for South East Risk Management Associati [print name of entity submitting swom statement] for whose business address is 700 Central Parkway Stuart. FL 34994 and (if applicable) its Federal Employer Identification Number (FEIN) is 59-331 R934 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivison of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1. understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Page 69 • SOU I1EAST RISK MANAGEMENT ASSOCJAT/ON ER/VIA OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002 Membership contributions Include: Claims Administration/TPA Service including Claims Administration, Consortium Administration, Loss ControVSafety Consultative Services) Reinsurance Premiums Flood Insurance Premiums (For locations in an A or V Zone — others are included with the property insurance coverage) Workers' Compensation Self -Insurer Assessments Claim Payments Claims IBNR Fund (incurred but not reported) Consortium/Pool Professional Fees (Accounting, Auditing, Actuarial, Legal) Memberships to Law Enforcement and Working Fire Training Networks Conferences & Training (member or member employees attendance & participation) Miscellaneous Expenses (subject to board approval) Total Budget 2001-2002 $3,760, 478 Village of North Palm Beach Portion $ 602,027 Coconut Creek • Lake Clarke Shores • Lake Worth • Lantana • North Palm Beach • Parkland McCreary Corporation, Administrator, 700 Central Parkway, Stuart, FI 34994 (561) 287-7650 • (800) 431-2221 Page 70 • PROPERTY INSURANCE TOTAL INSURED VALUE: $94,000,000 Blanket Value COVERED PROPERTY: Real & Personal Property including Library Books, Fine Arts, Cameras/Film, Outdoor Signs, Fences, Playground & Park Equipment, Antennas/Towers, Light/Flag Poles, Above Ground Tanks & Outdoor Trees, Shrubs & Plants Electronic Data Processing Equipment (Hardware & Software/Media) Mobile/Contractors Equipment Vehicles COVERAGES: SUB -LIMITS: Special Perils including Flood, Earthquake and Transit No -Coinsurance Replacement Cost (except Vehicles @ Actual Cash Value) $2,000,000 Owners Interest for Builders Risk $2,000,000 Newly Acquired Property $2,000,000 Ordinance or Law $2,000,000 Valuable Papers $2,000,000 Accounts Receivable $ 900,000 Business Income and Extra Expense (excluding tax base) $ 500,000 Building Ordinance & Increased Cost of Construction $ 500,000 Outdoor Trees, Shrubs, & Plants $ 250,000 Debris Removal Additional Limit $ 250,000 Confiscated Property including Real Property $ 250,000 Transit in trucks, trailers or semi trailers owned, leased or operated by or for the insured All Coverage is Per Occurrence MEMBER DEDUCTIBLE: $ 1,000 Per Loss Page 71 • • BOILER & MACHINERY COVERAGE LIMIT: $30,000,000 Cumulative COVERED PROPERTY: 1) Boiler, fired pressure vessel, unfired vessel normally subject to vacuum or internal pressure other than weight of its contents, refrigerating and air conditioning systems and any metal piping and its accessory equipment 2) Mechanical or electrical machine or apparatus used for the generation, transmission or utilization of mechanical or electrical power 3) Condensate return tank 4) Cushion or expansion tank used with a hot water heating boiler 5) Any of the above if owned by a public utility and on or within one mile of your premises, supply utility service directly to your premises 6) Turbine(s) and related equipment as described COVERAGES: SUB -LIMITS: Comprehensive Form items #1 through #5 Business Interruption & Extra Expense Breakdown item #6 $500,000 Newly Acquired Property $100,000 Ordinance or Law including Demolition & Increased Cost of Construction $100,000 Ammonia Contamination $100,000 Hazardous Substance $100,000 Expediting Expense $100,000 Water Damage $100,000 Indirect Damage items #1 through #5 including Consequential and Utility Interruption (excluding lightning, wind, hail, riot, civil commotion, vandalism, vehicle, aircraft, falling objects, collapse, flood/risking water, or deliberate acts) DEDUCTIBLE: $ 1,000 Per Loss Page 72 • COVERAGES & LIMITS: CRIME INSURANCE POLICY $1,000,000 Employee Theft, Per Loss including Faithful Performance of Duty $ 100,000 Depositors Forgery or Alteration $ 100,000 Theft, Disappearance & Destruction (money, securities & other property) $1,000,000 Computer & Funds Transfer Fraud SPECIAL CONDITIONS: Coverage is extended to include coverage for "bonded employees" and/or treasurer/finance director & tax collector; however, this will be excess of any individual surety bond required by law for these employees. DEDUCTIBLE: $ 1,000 Per Loss Page 73 • • LIABILITY INSURANCE COVERAGE GENERAL. AUTOMOBILE. PUBLIC OFFICIAL & EMPLOYMENT PRACTICES COVERAGES & Coverage A: $1,000,000 Each Occurrence, General & Automobile Liability LIMITS: Including Premises/Operations Products/Completed Operations Personal/Advertising Injury Employee Benefit Defense Outside Limit Coverage B: $1,000,000 Each Wrongful Act, Public Official & Employment Practices Claims Made Form Defense Inside Limit $5,000,000 Aggregate, Public Official & Employment Practices FEATURES: Governmental Immunity Endorsement specifying the intent not to waive immunity as provided by F.S. 768.28 General Liability includes bodily injury or personal injury caused by an insured (except to an employee) resulting from sexual molestation. Broad Insured to include the City and Lawfully Elected, Appointed, or Employed Officials Current or Former Commissions, Boards or Other Units Operated by the City Current or Former Employees Volunteers Under the City's Direction and Control Persons or Organizations Providing Service to the City under Mutual Aid Agreement The Estate of any of the above stated persons Any Person Driving City Equipment or Vehicles with the City's Permission Non-Owned/Borrowed Vehicles Hired Vehicles Public Official Liability includes professionals who are employees of the City (Attorney, Architect, Engineer, CPA, etc.) Employment Practices includes back wages. Client/Pool Attorney Selection Privilege DEDUCTIBLE: None Page 74 • • STATUTORY ACCIDENTAL DEATH & DISMENBERMENT COVERAGE (APPLICABLE TO POLICE & FIRE PERSONNEL) ELIGIBLE PERSONS: ACCIDENTAL DEATH BENEFITS: DISMEMBERMENT BENEFITS: 1) All Employed Law Enforcement Officers & Public Safety Employees 2) All Employed Firefighters 3) All Police Reserves, under the direction of the policyholder 4) All Volunteer Firefighters, Rescue Squad, Ambulance Workers Crossing Guards, Crime prevention Specialists, Community Service Officers and Crime Scene Technicians, under the Direction of the policyholder 5) All Employed Fire/Police Clerical, Administrative, Managerial & Supervisory Personnel $25,000 In the Line of Duty $25,000 In Fresh Pursuit $75,000 Unlawful & Intentional As required under F.S. 112.19, 112.191, & 185.34 Loss of: Both Hands, Feet, or Eyesight 100% One Hand & One Foot 100% Speech & Hearing 100% Either Hand or Foot & Sight of One Eye 100% Either hand or Foot 50% Sight of One Eye 50% Speech or Hearing 50% Thumb & Index Finger of either Hand 25% DEDUCTIBLE: None Page 75 Based on information and belief, the statement, which I have marked 'below, is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. - - The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this 26 tliay of July , lat 2001 Personally known RAT L� g OR Produced identification Notary Public — State of (Type of Identification) My commission expires Florida (Printed typed or stamped commissioned name of notary public) CAROLE A. WATKINS Notary Public, State of Florida My comm. exp. July 11, 2004 Comm. No. CC954223 • •