25-84131512-ITB EDP Attachment A Scope of Work.pdf

Solicitation No. 25-84131512-ITB EDP Insurance Page 1 of 10

Solicitation No. 25-84131512-ITB Electronic Data Processing Equipment Insurance

Attachment A Scope of Work

1. Department Insurance Program

The State of Florida has statutorily established the following two methods for state agencies and other governmental entities to obtain insurance coverage: (1) from the State Risk Management Trust Fund (SRMTF) administered by the Department of Financial Services, Division of Risk Management, for property, general liability, automotive liability, federal civil rights, court-awarded attorney’s fees in certain other proceedings against the state, and workers compensation, as established by Chapter 284, Florida Statutes; and (2) from commercial insurance purchased by the Division of State Purchasing pursuant to sections

287.022 and 287.042, Florida Statutes, as further specified in Rule 60A-1.015, Florida Administrative Code, for risks not eligible for coverage through the SRMTF.

Section 287.022 (1), Florida Statutes, provides:

Insurance, while not a commodity, nevertheless shall be purchased for all agencies by the department, except that agencies may purchase title insurance for land acquisition and may make emergency purchases of insurance pursuant to s. 287.057(3)(a), Florida Statutes. The procedures for purchasing insurance, whether the purchase is made by the department or by the agencies, shall be the same as those set forth herein for the purchase of commodities.

State Purchasing operates the Department’s Insurance Program, which is responsible for the purchase and management of insurance for state agencies and Eligible Users, at their own choosing and based upon funding allocations.

The purpose and goal of the Department’s Insurance Program is to provide coverage at the best premium rates possible for Florida’s executive branch State Agencies.

2. PURPOSE

The Bidder shall market and secure an Insurance Policy on behalf of the State of Florida and the current Named Insureds that shall, at a minimum, include coverage that is the same or better coverage set forth in ITB Attachment L, Expiring Policy, as endorsed, incorporated herein by reference, and the coverage set forth in section 4 of this Scope of Work (SOW).

The Insurance Policy secured on behalf of the State of Florida and the Named Insureds shall be provided at the pricing specified in the Bid, provided in accordance with Florida Statutes, and conform with the terms and conditions specified in the Contract. The insurance policy shall have an effective date June 5, 2025, or such other date as shall prevent a lapse in the insurance coverage.

3. DEFINITIONS

Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); and Attachment E, Enterprise Standard Terms and Conditions; are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede

EDP Insurance Page 2 of 10 the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense.

Bid – The document(s) submitted by a Bidder in response to this ITB.

Bidder – A vendor who submits a bid to this ITB.

Broker or Vendor - An insurance intermediary that holds current and valid Florida resident or nonresident insurance license(s) in the appropriate line of business described in this ITB.

Business Day – Monday through Friday, inclusive, from 8:00 a.m. to 5:00 p.m. Eastern Time, except for those holidays specified in section 110.117, F.S..

Business Network – The Business Network (formerly known as Ariba Network) is an online marketplace that connects vendors and buyers for solicitations collaboration and purchasing transactions. A Business Network account is required to submit responses to electronic solicitations.

Claim – A demand for recovery for loss or damages.

Commodity Code – The State’s numeric code for classifying commodities and contractual

Contract – The legally enforceable Term Contract, as defined in section 287.012, F.S., between the Department and the awarded Bidder resulting from this solicitation.

Customer – A State Agency or Eligible User included on the insurance policy

Department – The Department of Management Services, a State Agency.

Electronic Data Processing Equipment (EDPE) – Property including but not limited to: laptops, desktops, and other such data processing systems; electronic systems consisting of separately identifiable and removable component memory or control boxes that are attached to and control production machinery, but not the production machinery itself, and; equipment, component parts and related peripheral equipment, including air conditioning and fire protective equipment, used solely for data processing operations, in the care, custody and control of the Named Insured.

Eligible User – As defined in Rule 60A-1.001(4)(h), for purposes of insurance contracts procured pursuant to Section 287.022, F.S., only non-Agency state entities with a Department of Financial Services State Risk Management Trust Fund Certificate are eligible users.

Insurance Policy or Policy – As defined in section 627.402(3), F.S. The parties to the Insurance Policy will be the Department, the Named Insured, the Broker, and the Insurer.

Insurer – As defined in section 624.80(1), F.S. The insurance company selected by the Broker to provide insurance coverage as described in this ITB. The term ‘Underwriter’ is synonymous with ‘Insurer’ in this procurement.

Named Insured – Entities listed in the Scope of Work and those added during the Policy Period.

Policy Inception - The effective date of the Insurance Policy.

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Policy Period – The time between the exact hour and date of Policy Inception and the hour and date of Policy expiration.

Premium – As defined in section 627.403, F.S.

Scientific / Medical (SCI-MED) Equipment - means equipment used for scientific and medical research, or used for medical diagnosis, in the care, custody and control of the Named Insured.

State – The State of Florida.

Vendor Information Portal (VIP) – The State of Florida’s vendor registration, supplier diversity, and bidding system developed in accordance with section 287.042(3), F.S. The Vendor Information Portal is accessible at https://vendor.myfloridamarketplace.com.

4. SCOPE OF WORK

4.1 Coverage Requirements

The State’s current program provides electronic data processing equipment for certain state agencies and eligible users. Insurance Policy coverage procured through this solicitation shall, whenever the market allows, be the same or better in policy form(s), deductibles and pricing as set forth herein and as provided in Attachment L, Expiring Policy, as endorsed. Key coverage requirements are provided in the sections below; however, the full Policy requirements are located in the expiring Policy. Should the markets approached by the Broker not be able to offer the same or better coverage as described above, the Broker shall seek, secure and offer the best coverage available in the current market.

The Department reserves the right to request additions to or deletions from existing coverages or exposures stated in the Insurance Policy on behalf of the Named Insureds when deemed to be in the State's best interest in accordance with subsection 6.7, Additions/Deletions.

4.2 Named Insured

The master policyholder is the State of Florida, c/o the Department of Management Services, Division of State Purchasing, 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950.

The following entities are the current Named Insureds for whom coverage is being sought:

AHCA Agency for Health Care Administration APD Agency for Persons with Disabilities DACS Department of Agriculture and Consumer Services DBPR Department of Business and Professional Regulation DC Department of Corrections DCF Department of Children and Families DEM Department of Emergency Management DFS Department of Financial Services DMS Department of Management Services DMS-DOR Department of Management Services - Division of Retirement DOEA Department of Elder Affairs DOH Department of Health DOS Department of State https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendor.myfloridamarketplace.com%2F&data=05%7C01%7CNicole.Walker%40dms.fl.gov%7Cd38a3a6eff994d8181eb08db23fcb675%7Ced173fed38394a3ca952140e906fed8d%7C0%7C0%7C638143340533516786%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=bawWG1kiSF9B%2FuvjOVIaeISbWDXkUETlOGDnzvbL0RI%3D&reserved=0

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DOT Department of Transportation FAMU Florida Agricultural and Mechanical University FGCU Florida Gulf Coast University FIU Florida International University FPU Florida Polytechnic University FSDB Florida School for the Deaf and Blind FSU Florida State University JAC Justice Administration Commission NCF New College of Florida OL-1 Office of the Legislature – Auditor General OL-2 Office of the Legislature – Economic and Demographic Research OL-3 Office of the Legislature - House of Representatives OL-5 Office of the Legislature - Office of Legislative Services OL-6 Office of the Legislature - Office of Program Policy Analysis and Government

Accountability OL-7 Office of the Legislative – Senate PSC Public Service Commission SBA State Board of Administration SCS Office of the State Courts UCF University of Central Florida UCF-NSTC University of Central Florida – Nanoscience Technology Center (NSTC) UF University of Florida UF-Scripps University of Florida – Scripps (Herbert Wertheim UF Scripps Institute for

Biomedical Innovation & Technology) UNF University of North Florida USF University of South Florida USF-Byrd University of South Florida – Byrd Alzheimer’s Center and Research Institute USF-CAMLS University of South Florida – Center for Advanced Medical Learning and

Simulation (CAMLS) UWF University of West Florida

NOTE: The Named Insureds may be amended during the Policy Period as outlined in this SOW.

4.3 Locations of Covered Property

Locations of covered equipment by Named Insured vary throughout the State of Florida.

Coverage may be modified by the State throughout the Policy Period as required by each Named Insured throughout the Policy term, but the Named Insured remains responsible for any Premium payment assessed while participating in the Policy coverage.

4.4 Owned EDPE, SCI-MED Equipment

Owned EDPE & SCI-MED shall be insured for all risks excluding those perils insured by the State Risk Management Trust Fund at replacement cost value (minus the assigned deductible).

Owned EDPE & SCI-MED shall be insured for all other perils not provided by Attachment N, DFS-DO-852, Certificate of Property Coverage, sections B.1-B.9, covered causes of loss.

4.5 Leased EDPE, SCI-MED Equipment & Media

Named Insured leased, rented, or borrowed EDPE and SCI-MED Equipment shall be insured for all risks at replacement cost value minus the assigned deductible. Refer to Attachment L, Expiring Policy, for full coverage details.

4.6 Current Policy Rates

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All rates are to be per $100 of insured value and shall remain fixed for the full Policy term. Rate de-escalation is permissible at any time during the Contract term. Rates for Policy Periods 1, 2, 3 and 4, if bid, will be as described in Contract Exhibit E, Broker’s submitted Price Sheet. The current policy rates are included in the following table:

Type of Equipment Per $100 of Value

Owned EDPE (including CAMLS) 0.04

Owned M&S (including NSTC, and Byrd) 0.04

Owned M&S - University of Florida - Scripps 0.042303

Leased EDPE 0.360343

Leased M&S 0.360343

4.7 Current Limits and Deductibles

Policy limits at inception of Attachment L Expiring Policy are as provided therein. Current insured values and required policy limits are provided on Attachment C, Price Sheet.

$2,500 per occurrence $100,000 Windstorm $25,000 per occurrence as respects loss or damage to any one item of covered property valued at $500,000 or greater.

4.8 Valuation

Electronic data processing and scientific equipment are valued on a replacement cost basis unless the loss payment basis shown on the declarations page is actual cash value.

4.9 Named Insured Values and Rates

Attachment O, EDPE and SCI-MED values by Named Insured reported to the Department as of April 4, 2025. The awarded Contractor will receive an updated Attachment O upon award.

Owned EDPE (including CAMLS) $ 259,230,410.11

Owned M&S (including NSTC, and Byrd) $ 23,233,623.57

Owned M&S - University of Florida - Scripps $ 82,589,482.86

Leased EDPE $ 5,791,535.46

Leased M&S $ 7,948,494.61

$ 378,793,546.61

4.10 Premium Pricing

The Contractor shall adhere to the premiums listed in the Price Sheet as submitted which are incorporated by reference into the Contract. All coverage premiums assessed at Policy inception are fixed for the full Policy Period and shall not change.

4.11 Premium and Deductible Adjustments

Notwithstanding anything to the contrary herein, Premium and deductible decreases issued by the Contractor are permissible at any time during the Policy Period.

For additional Policy Periods, the Broker should have identified in its Insurer quotation the % loss ratio threshold which, if met or exceeded by the Named Insured during any Policy Period, will

EDP Insurance Page 6 of 10 prompt the Insurer to re-evaluate premium and/or deductible pricing for the next Policy Period.

Any reevaluation of premiums and/or deductibles are subject to DMS written approval, must be adjusted equitably, and shall be based upon specific exposure risks and individual loss experience, to the extent market conditions allow. If Contractor anticipates adjustments to premium pricing, deductibles, or policy terms and conditions, Contractor shall provide the Department with written notice four (4) months prior to the Policy Period expiration to the Department’s Contract Manager

Notwithstanding Section 2.1 of the Enterprise Standard Terms and Conditions, adjustments in premiums and/or deductibles do not constitute a change to the Contract requiring an amendment executed by both Parties. After the Department provides written approval of any premium and/or deductible adjustments, the Department will incorporate such changes directly into the Contract documents.

5. Historical Loss Information The loss experience information over the previous five years through March 13, 2025, is provided as Attachment M, Historical Loss Experience Report.

6. Broker/Underwriter Responsibilities The Broker will market and secure an Electronic Data Processing Equipment insurance policy on behalf of the State of Florida and the Named Insureds, c/o the Department of Management Services, Division of State Purchasing, 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399- 0950.

6.1 Broker License

The Broker, for the duration of the Contract term, must hold a current and valid Florida resident or non-resident insurance license in the appropriate line of business for the insurance coverage provided under the Contract.

6.2 Customer Service

The Contractor shall provide Customers all services during Business Days. State agencies observe holidays in accordance with section 110.117, Florida Statutes.

The Contractor shall have a single point of contact to serve as Contract Manager as provided on Attachment K, Broker Information. The Contract Manager may support multiple Customers and must respond to Customer calls and/or emails within one (1) Business Day. The Contract Manager must be able to provide or arrange for all aspects of Customer support and problem resolutions. Back-up coverage must be provided by an equally knowledgeable person.

In addition to a dedicated Contract Manager, the Contractor shall provide toll-free Customer service phone support from 8:00 a.m. Eastern Time to 5:00 p.m. Eastern Time, Monday through Friday, except for National and State-recognized holidays. TDD (Telecommunication Device for the Deaf) access must be made available during the above-named Customer service operating hours.

6.3 Insurance Policy Conditions

The resulting insurance policy must conform to the following coverage conditions:

6.3.1 The entire coverage is to be written under one insurance policy and represented by one insurer.

6.3.2 Coverage will be provided for the listed locations of the Named Insured.

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6.3.3 The Broker and Insurer shall provide an Insurance Policy that conforms to Florida Statutes 627.401 through to 627.443 as applicable, and with all other relevant and applicable statutes and regulations governing property and liability insurance.

6.3.4 Policy endorsements and invoices will be provided to the Named Insured and the Department as soon as coverage is bound.

6.3.5 Unless prohibited by underwriting guidelines, whenever possible, all claims originated in foreign countries are to be filed and settled in the United States.

After Contract award, the Contractor must provide the Department an original and complete copy of the Insurance Policy, including declarations, insuring agreements, conditions, exclusions, schedule of coverage, and all necessary endorsements at Policy inception, or an insurance binder until such Insurance Policy is received. The Insurance Policy must include a manuscript endorsement, must conform to the requirements stated in the Scope of Work and may not take exception to terms in the Scope of Work. Failure to submit a complete Insurance Policy will constitute sufficient grounds for termination.

6.4 Policy Administration

The Broker must aid in the fulfillment of all obligations to the Department and its Named Insureds as provided for under the Insurance Policy. Any failure by the Broker to provide Policy administration to the Department will constitute a breach of Contract. The Broker will, at a minimum:

6.4.1 Communicate with the Insurer on all changes to the Policy requested by the Department.

6.4.2 Provide endorsements for changes to the Policy schedule.

6.4.3 Forward premium payments to the Insurer, as appropriate.

6.4.4 Assist in the filing of claims and claim settlement payments.

6.5 Routine Communications

All routine communications and reports related to the Contract shall be sent to the Department’s Contract Manager. If any information listed on the ITB Attachment K, Broker Information, changes during the life of the Contract, then the Contractor shall update the attachments and submit to the Department’s Contract Manager. Routine communications may be made by e-mail, regular mail, or telephone.

6.6 Invoices for Insurance Premiums

The following applies to Contractor invoicing:

6.6.1 Premiums will be invoiced annually at Policy Inception for the Named Insured.

6.6.2 Invoices are to contain enough detail for pre-and post-audit. Invoices must include an invoice number, the insurance company name, Federal Employer Identification Number, the Policy number, effective dates of coverage, a description of the coverage, payment due date, and a remittance address.

6.6.3 Invoices are to be issued in the name of the respective Named Insured and must be provided in writing to the respective Named Insured and to the Department's Contract Manager.

6.6.4 The Department’s Contract Manager may, but is not obligated to, assist the Broker in securing these payments to the best of its ability.

6.7 Additions/Deletions

The Department reserves the right to request additions to or deletions from existing coverages or

EDP Insurance Page 8 of 10 exposures stated in the Insurance Policy on behalf of the Named Insured when deemed to be in the State's best interest. All requests for additions to or deletions from coverage will be made by the Department.

Additions in coverage or exposure must be consistent with current Contract Insurance Policy terms and conditions. However, the Insurer is not required to accept the State’s addition if it can document that such addition results in an exposure change warranting a change in the Insurance Policy conditions or terms.

The Broker and Underwriter have 30 days from receipt of the Department’s request to add coverage to the State Policy and receipt of all applicable previous and current coverage information to accept or reject the addition of coverage under the Policy.

Coverage Limits may require to be increased throughout the Policy Period as Named Insureds add Contractor’s Equipment upon acceptance by the Contactor and Underwriter.

6.8 Claims Settlement

The Contractor shall coordinate with the Named Insured and work with the appropriate Insurer to ensure proper settlement on any claims filed by the Named Insured.

6.8.1 Unless prohibited by underwriting guidelines, whenever possible, all claims originated in foreign countries are to be filed and settled in the United States;

6.8.2 Contractor shall act as the Division of State Purchasing’s advocate and intermediary amongst the Named Insured and Insurer(s) to facilitate communications and the full handling and settlement of claims.

6.9 Broker Commission

The Broker will comply with section 287.022, Florida Statutes, which requires an insurer or agent that pays a commission or any portion thereof to any person, on insurance purchased by the Department, to report such payment to the Department in writing and under oath within 30 days thereafter.

6.10 Independent Broker

The Broker and its employees, agents, representatives, and subcontractors are not employees or agents of the Department and are not entitled to the benefits of State employees. The Department will not be bound by any acts or conduct of the Broker or its employees, agents, representatives, or subcontractors. The Broker agrees to include this provision in all of its subcontracts under the Contract.

6.11 Insurer Serviceability

The Broker will notify the Department's Contract Manager of any concerns regarding the ability to provide ongoing services, claims settlement, or any diminished actions including, but not limited to, the reduction in the financial rating of the Insurer providing coverage subsequent to Contract award. Failure to notify the Department of concerns may, at the Department's option result in termination of the Insurance Policy.

6.12 Insurance Policy Cancellation

All cancellations must be calculated on a pro-rata basis and must adhere to the requirements of Florida law. For the purpose of this clause, pro-rata means, in the case of cancellation of an Insurance Policy, the return of the Premium for the unexpired term of the Policy, without penalty for interim cancellation. The Department reserves the right to cancel the Insurance Policy at any

EDP Insurance Page 9 of 10 time by providing written notice to the Broker. Such cancellation request will be mailed to the Broker's Contract Manager. Cancellation notices from the Insurer will be as provided for in the Insurance Policy and must be mailed to the Department's Contract Manager.

6.13 Ad-Hoc Reports

The Department reserves the right to require additional information pertaining to the Contract.

6.14 Other Fee and Charges

The State may require additional assessments to be levied for specific insurance coverage types including, but not limited to, property and casualty insurance premiums except for those exempted by statute (workers’ compensation, medical malpractice, and national flood insurance).

Brokers and/or Insurers shall not include surplus line tax fees in the cost of this coverage, in accordance with section 626.932(4), Florida Statutes.

Fees or charges not indicated on Attachment C, Price Sheet, unless expressly required by law, are prohibited.

6.15 Contract Transition

Upon Contract expiration or termination, the Contractor shall ensure a seamless transfer of Contract responsibilities with any subsequent broker/insurer necessary to transition the products and services of the Contract. The Contractor and subsequent broker/insurer assume all expenses related to the Contract transition.

7. Payments Payments by Named Insured shall be made in accordance with sections 215.422 and 287.0585, F.S.

8. Financial Consequences

Failure to comply with the requirements of the Term Contract will result in the imposition of financial consequences. The following financial consequences will apply for the Contractor’s failure to meet the performance metric standard and due date corresponding with the deliverables under the Term Contract. The Customer may impose additional Financial Consequences beyond those stated herein to apply to that Customer’s purchase. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Term Contract termination, or nonrenewal, when the Contractor has failed to comply with the provisions of the Term Contract.

The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Term Contract performance and every month or quarter, respectively, thereafter.

Financial Consequences Chart

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance

Contractor will provide binding

All binding documents will be

Binding documents are due at least 5

$250 per day late

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No favorable action will be considered when Contractor has outstanding expenses, reports, or any other documentation owed to the Department or Customer, to include fees / monies, that are required under this Term Contract.

Deliverable Performance Metric Performance Due Date

Financial Consequence for Non-Performance documents timely to avoid policy lapse if multiple policy periods are contracted for.

submitted timely with the required information.

calendar days prior to expiry unless otherwise agreed.

Contractor will timely provide requested Certificates of Coverage for Named Insured.

All Certificates of Coverage will be submitted timely with the required information.

Certificates are due within 10 calendar day after receipt of request.

$100 per day late