2001-077 Accepts SERMA Insurance Proposal
RESOLUTION 77-2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF SOUTHEAST RISK MANAGEMENT
ASSOCIATION (SERMA) TO PROVIDE THE VILLAGE OF NORTH PALM BEACH WITH
GI:NEKAI. LIABILITY INSURANCE, PROPERTY COVERAGE INSURANCE, WORKERS
COMPENSATION AND OTHER INSURANCE COVERAGES AS SET FORTH IN EXHIBIT "A"
ATTACHED TO THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATF,.
I3I: 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: C
VILLAGE CLERK
•
SO~.~HEAST RISK MAE AGEMENT ASSpC~AT~ON
~ S 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
r1
L J
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
SECTION V
VILLAGE OF NORTH PALM BEACH
PROPOSAL FORM
PROPERTY, CASUALTY, WORKERS' COMPENSATION, ETC.
INSURANCE COVERAGE
PROPOSER: SOUTH EAST RISK MANAGEMENT ASSOCIATION (SERMA)
ADDRESS: 700 Central Parkway TEL.#
Stuart. FL 34994 FAX #
800-431-2221
561-287-1387
CONTACT PERSON: _yarrir4 u_ Rnvnn Arlm~n~ntrnrn ( r «~n,~
QUOTES
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
COVERAGE DEDUCTION
as requested as requested
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AMOUNT
#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 bexception:
The undersigned hereby proposes and agrees, if this proposal is accepted, to furnish the
the items proposed at the a ove mentioned prices.
Signature ~ l~~ Date 07/26/2001
Firm soUTa'RAST T K A?lA EMENT A SO Ax ox Tel. # 800-431-22u
Address 700 Central Parkway FaX # 561-287-1387
Stuart. FL 34994
• Administered by: McCreary Corporation
Page 64
• REFERENCE LIST
OF
EXISTING MUNICIPAL CLIENTS
MUNICIPALITY CONTACT PERSON TELE_ PHONE#
~ City of Coconut Creek Sam Irvin, Risk Manager 954-973-6737
2 Tow of Lake Clarke Shores Joann Hatton, Administrator 561-964-1515
3 City of Lake Worth
4 Tow of Lantana
5 City of Parkland
6 City of Port St. Lucie
7 City of Stuart
8
9
10
•
Dave Murphy, Riak Manager 561-586-1749
Mike Bornstein, Manager
561-540-5004
Judith Kilgore, Finance Dir. 954-753-5040
Victor Granello, Deputy Manager 561-871-5209
Bill Onderwood, Finance Dir. 561-288-5310
Page 85
VILLAGE OF NORTH PALM BEACH
• REQUEST FOR PROPOSAL
PROPERTY/CASUALTY & WORKERS' COMPENSATION
INSURANCE PROGRAM
CLARIFICATIONS AND EXCEPTIONS
Section I - Instmctions to Prooosers #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 II -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
X[I) which is slightly more restrictive. Tn essence, McCreary Corporation agrees to indemnify, defend
and hold harmless SERMA (Br/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 ertor 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 guazanteed, we have not
had reason to require an increase in excess of 15% that is occurring this year and is the direct result of
[he 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 II[ - Soecial 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 Vzone-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:
Pro e
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.
Comorehensive GeneraVAutomobile/Public OfficialBmolovment Practices Liability
Coverage is included for all police operations and extends to include additional insureds for leased
vehicles Bc the EMT/Paramedic Medical Director as required by the governing statutes.
The SERMA oroeram also includes covera¢e for:
N_ on-Owned Aircraft Liability
Limit $1,000,000 Liability, Each Occurrence, including passengers
$ 1,000 Medical Payments, Each Person
$ 4,000 Medical Payments, Each Occuaence, 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.
J
2of2
Page 67
CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM
I certify the firm of McCreary Corporation. Administrator for South East Risk
Management Association responding to Request for Proposal. Property/Casualty
& Workers' Compensation Insurance Program to the Village of North Palm
Beach. Florida maintains adrug-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 drug 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 adrug-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 re
`~" ,~~ `Administrator 07/26/2001
Proposers Signature /Title Date
McCrearv Corporation, Administrator. for South East Risk Management Association
• Firm Name
Page 88
• SWORN STATEMENT PURSUANT TO SECTION 2$7.133(3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIIvfES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMA]ISTER OATHS.
1. This swom 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 ti0e]
for McCreary Corporation, Administrator, for South East Riek Management Associati
[print name of entity submitting swom statement]
whose business address is
700 Central Parkway
Stuart, FL 34994
and (if applicable) its Federal Employer Identification Number (FEII~ is 59-3718934
(If the entity has no FEIN, include the Social Security Number of the individual signing this swom
statement: ,)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. mesas a
violation of any state or federal law by a person with respect to and duectly related to the transaction of
business with any public entity or with en agency or political subdivisoa 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 antrtmst,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I. 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)(x), 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 tltat 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
Spu.~HEAST R1SK MAE AGEMENT ASSpC~AT~pN
~ RIVIA
OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002
Membership contributions Include:
Claims Administration/I'PA 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/I'owers, Light/Flag Poles, Above
Ground Tanks & Outdoor Trees, Shrubs
& Plants
Electronic Data Processing Equipment
(Hardware & Software/Media)
Mobile/Contractors Equipment
Vehicles
COVERAGES: Special Perils including
Flood, Earthquake and Transit
No-Coinsurance
Replacement Cost (except Vehicles @ Actual Cash Value)
SUB-LIMITS: $2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 900,000
$ 500,000
$ 500,000
$ 250,000
$ 250,000
$ 250,000
All Coverag
Owners Interest for Builders Risk
Newly Acquired Property
Ordinance or Law
Valuable Papers
Accounts Receivable
Business Income and Extra Expense (excluding tax base)
Building Ordinance & Increased Cost of Conswction
Outdoor Trees, Shrubs, & Plants
Debris Removal Additional Limit
Confiscated Property including Real Property
Transit m trucks, trailers or semi trailers owned,
leased or operated by or for the insured
e is Per Occurrence
MEMBER DEDUCTIBLE: $ 1,000 Per Loss
Page 71
• BOILER & MACHINERY COVERAGE
LIbIIT: $30,OOQ000 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 arr 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: Comprehensive Form items #1 through #5
Business Interruption Bc Extra Expense
Breakdown item #6
SUB-LIMITS: $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
CRIME INSURANCE POLICY
•
COVERAGES&
LIMITS: $1,000,000
$ 100,000
$ 100,000
$1,000,000
Employee Theft, Per Loss
including Faithful Performance of Duty
Depositors Forgery or Alteration
Theft, Disappearance & Destruction
(money, securities & other property)
Computer & Funds Transfer Fraud
SPECIAL CONDITIONS: Coverage is extended to include coverage for "bonded employees"
and/or treasurer/Finance duector & 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
u
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 Ciry 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-OwnedBorrowed 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 PERSONNELI
ELIGIBLE PERSONS: 1) All Employed Law Enforcement Officers Bc 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
ACCIDENTAL $25,000 In the Line of Duty
DEATH BENEFITS: $25,000 In Fresh Pursuit
$75,000 Unlawful & Intentional
As required under F.S. 112.19, 112.191, & 185.34
DISMEMBERMENT Loss of:
BENEFITS: 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