R25-124 1 RESOLUTION NO. R25-124
1
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH RISK
5 MANAGEMENT ASSOCIATES, INC., (AKA) BROWN & BROWN PUBLIC
6 SECTOR, UTILIZING THE TOWN OF JUPITER REQUEST FOR PROPOSAL
7 HR001-2023 FOR PROPERTY AND CASUALTY INSURANCE; AND FOR
8 ALL OTHER PURPOSES.
9
10 WHEREAS, insurance broker services are essential to the City of Boynton Beach as they
i t provide expert guidance in protecting public assets, managing municipal risk, and ensuring
12 compliance with local, state, and federal regulations. Brokers help the City secure tailored
13 insurance coverage for infrastructure,vehicles, and operations while identifying exposures in areas
14 such as public works, law enforcement, and events. They offer strategic policy analysis, oversee
15 claims to ensure fair settlements, and assist in reviewing vendor and contractor insurance to
16 reduce liability. Additionally, brokers support budget predictability by controlling premium costs
17 and preventing coverage gaps, ultimately serving as trusted advisors in safeguarding the City's
18 financial and operational interests; and
19 WHEREAS, the Town of Jupiter issued a Request for Proposal ("RFP") No. HR001-2023 for
20 Property and Casualty Insurance, awarded the solicitation to Risk Management Associates, Inc.,
21 a/k/a Brown & Brown Public Sector ("Brown & Brown") and entered into a Contract with Brown &
22 Brown; and
23 WHEREAS, the City desires to Piggyback the Town of Jupiter and Brown & Brown Contract;
24 and
25 WHEREAS, the City desires to enter into a Piggyback Agreement with Brown & Brown for
26 Property and Casualty Insurance; and
27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
28 best interests of the City's citizens and residents to approve a Piggyback Agreement with Brown
29 & Brown for Property and Casualty Insurance.
30
31
32
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
34 BEACH, FLORIDA, THAT:
35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption.
37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
38 approve a Piggyback Agreement between the City and Brown & Brown for Property and Casualty
39 Insurance (the "Agreement"), in form and substance similar to that attached as Exhibit A.
40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
42 ancillary documents required under the Agreement or necessary to accomplish the purposes of
43 the Agreement, including any term extensions as provided in the Agreement, provided such
44 documents do not modify the financial terms or material terms.
45 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
46 of the City. A copy of the fully executed Agreement shall be provided to Steve Shields and Andrew
47 Rozwadowski to forward to Brown & Brown.
48 SECTION 5. This Resolution shall take effect in accordance with the law.
49
50
51
52 [SIGNATURES ON THE FOLLOWING PAGE]
53
54 PASSED AND ADOPTED this (2 441 day of Imo- 2025.
55 CITY OF BOYNTON BEACH, FLORIDA
56 YES NO
57 Mayor— Rebecca Shelton
58
59 Vice Mayor— Woodrow L. Hay
60
61 Commissioner—Angela Cruz
62
63 Commissioner—Thomas Turkin
64
65 Commissioner—Aimee Kelley
66
67 VOTE -0
68 ATT"S :
60 Uria. .v.0• to
71 Mayle- D- Jesus, MP 4, MMC Rebecca Shelton
72 City C - Mayor
73 r—•'�••�`�
�y OF B0k,N
74
/QS...................... APPROVED AS TO FORM:
75 (Corporate Seal) S s ' II- Il
77 .(9 4,41, 0 >4aeil/id 1 ,,'W/i76
78 .c�
' �' Shawna G. Lamb
• Q �• �
`' .••....••••
79 `4`�R10p r' City Attorney
City of Boynton Contract#25-055PB
PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND RISK MANAGEMENT ASSOCIATES, INC. (AKA) BROWN
& BROWN PUBLIC SECTOR
This Piggyback Agreement is made as of thiLday of , 2025, by and
between RISK MANAGEMENT ASSOCIATES, INC. (AKA) BROWN BROWN PUBLIC
SECTOR,a Florida Profit Corporation with a principal address of 300 North each Street,Daytona
Beach, FL 32114, FEID Number 59-2445801 hereinafter referred to as"Vendor,"and the City of
Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a
business address of 100 East Ocean Avenue,Boynton Beach,Florida 33435,hereinafter referred to
as"City."
RECITALS
WHEREAS, on May 8, 2023,the Town of Jupiter issued a"Request for Proposal" (RFP)
to solicit and establish an Agreement to provide insurance broker services; and
WHEREAS, on May 30, 2023,the Town of Jupiter RFP closed with two vendor proposal
responses; and
WHEREAS, on September 5, 2023, the town of Jupiter awarded an agreement through
resolution 78-23 to provide insurance broker services to Risk Management Associates,Inc. (AKA)
Brown&Brown Public Sector;and
WHEREAS,Insurance broker services are essential to the City of Boynton Beach as they
provide expert guidance in protecting public assets, managing municipal risk, and ensuring
compliance with local, state, and federal regulations;and
WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids,
provides authority for the City to acquire or contract for services without utilizing a sealed
competitive method or the written quotations methods where the desired services are the subject of
an agreement that utilizes another government entity's contract, provided that the contract was
awarded based strictly on competitive bidding;and
WHEREAS, in order to ensure continued insurance broker services, the City's Risk
Management Division desires to enter into a Piggyback Agreement with the Vendor for all the
insurance broker services;and
WHEREAS, the Vendor has submitted an initial proposal for the services and, following
negotiation with staff, has agreed to lower percentages for commission, presenting the most
advantageous solution and the best interest of the City,as detailed in the attached Exhibit"A,"and
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC (AKA)BROWN&BROWN PUBLIC SECTOR
has- Oaf
City of Boynton Contract#25-055PB
WHEREAS, in addition to the Services described in Exhibit A, the City may purchase
additional Services on an as-needed basis throughout the term of this Agreement;and
WHEREAS,the Vendor has agreed to allow the City to piggyback the Agreement, a copy
of the Agreement, and all Amendments to the Agreement are attached as Exhibit"B."
NOW,THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
AGREEMENT
I. The foregoing recitals are true and correct and are hereby incorporated in this Agreement.
2. TERM: The term of this Agreement commences on full execution by the parties and will
remain in effect until September 30, 2025,with the option to renew the agreement for one
additional two (2) year period. The Mayor is authorized to execute any renewal
amendments.The initial term and any subsequent renewals of this Agreement are subject to
the renewal or extension of the Agreement. If the Agreement expires oris terminated during
the Term, this Agreement shall terminate no later than six months after such expiration or
termination of the Agreement.
3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in
the same manner as set forth in the Agreement, except as otherwise provided herein. All
recitals, representations, and warranties of Vendor made by Vendor in the Agreement are
restated as if set forth fully herein,made for the benefit of the City,and incorporated herein,
except that all references to the "Town of Jupiter" are hereby replaced with the "City of
Boynton Beach."The City shall compensate the Vendor for all Services ordered on an as-
needed basis pursuant to the commission rates outlined in the Agreement, except as such
rates were otherwise negotiated in Exhibit A.
4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt
requested,or customarily used overnight transmission with proof of delivery, sent to:
City: Daniel Dugger,City Manager
City of Boynton Beach
P.O.Box 310
Boynton Beach, Florida 33425
Telephone: (561)742-6010/Facsimile: (561)742-6090
Copy: Shawna G. Lamb,City Attorney
City of Boynton Beach
P.O.Box 310
Boynton Beach,Florida 33425
Telephone: (561)742-6010/Facsimile: (561)742-6090
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC.(AKA)BROWN&BROWN PUBLIC SECTOR
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City of Boynton Contract#25-055PB
Vendor: Brown and Brown Public Sector
Contact Name: Brown,P. Barrett
300 North Beach Street
Daytona Beach,FL 32114
Telephone: (386)944-5805/Email: Kyle.Stoekel(ci)bbrown.com
5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be
mailed to:
Boynton Beach Finance Department
Attn: Accounts Payable
P.O. Box 310
Boynton Beach,FL 33425
Invoices shall show the nature of the service and dates(s) of service. Invoices based on
hourly rates shall show the actual hours worked,person performing services,nature of the
service,hourly rate,and dates(s)of service. Invoices may be submitted no more frequently
than monthly. However,all services rendered prior to September 30th of any given year are
required to be invoiced by September 30th of that year.Vendor shall provide W-9 with first
invoice.
The fee shall be paid based on receipt of a proper invoice in accordance with the invoice
schedule indicated above. Payment will be made within 45 days of receipt of a proper
invoice in accordance with the Local Government Prompt Payment Act,Section 218.70, et
al.,Florida Statutes.No payment made under this Agreement shall be conclusive evidence
of the performance of this Agreement by Vendor,either wholly or in part, and no payment
shall be construed to be an acceptance of or to relieve Vendor of liability for the defective,
faulty,or incomplete rendition of the Services.
6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales,
use,and related taxes.The City is exempt from state and local sales and use taxes and shall
not be invoiced for the same. Upon request, City will provide Vendor with proof of tax-
exempt status.
7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein
shall be considered nor construed to waive City's rights and immunities under the common
law or section 768.28, Florida Statutes,as may be amended.
8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the
Agreement,each Party shall bear its own attorney's fees and court costs.
9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty(30)days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall
comply with Florida's Public Records Law. Specifically,the Vendor shall:
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC.(AKA)BROWN&BROWN PUBLIC SECTOR
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City of Boynton Contract#25-055PB
A. Keep and maintain public records required by the City to perform the service;
B. Upon request from the City's custodian of public records,provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and,following completion of the contract,Vendor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Vendor transfers the records in its possession to the City; and
D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the
City, all public records in Vendor's possession All records stored electronically by
Vendor must be provided to the City,upon request from the City's custodian of public
records,in a format that is compatible with the information technology systems of the
City.
E. IF THE VENDOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk a(�.bbfl.us
10.SCRUTINIZED COMPANIES-287.135 AND 215.473:By execution of this Agreement,
Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further
certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list,not on the
Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in
business operations in Syria. Subject to limited exceptions provided in state law, the City
will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice,in writing,to the Vendor of the City's determination
concerning the false certification.The Vendor shall have five(5)days from receipt of notice
to refute the false certification allegation. If such false certification is discovered during the
active contract term, the Vendor shall have ninety(90)days following receipt of the notice
to respond in writing and demonstrate that the determination of false certification was made
in error. If the Vendor does not demonstrate that the City's determination of false
certification was made in error, then the City shall have the right to terminate the contract
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC (AKA)BROWN&BROWN PUBLIC SECTOR
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City of Boynton Contract#25-055PB
and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time
to time.
11.E-VERIFY: VENDOR shall comply with Section 448.095, Fla. Stat., "Employment
Eligibility," including the registration and use of the E-Verify system to verify the work
authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall
result in termination of this Agreement. Any challenge to termination under this provision
must be filed in the Circuit Court no later than 20 calendar days after the date of termination.
If this Agreement is terminated for a violation of the statute by Vendor,Vendor may not be
awarded a public contract for a period of one(1)year after the date of termination.
12.DISPUTES:Any disputes that arise between the parties with respect to the performance of
this Agreement,which cannot be resolved through negotiations,shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
13.EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by
both parties. This Agreement may be signed by the parties in counterparts,which together
shall constitute one and the same agreement among the parties. A facsimile signature shall
constitute an original signature for all purposes. Each person signing this Agreement on
behalf of either Party individually warrants that he or she has full legal power to execute the
Addendum on behalf of the Party for whom he or she is signing and to bind and obligate
such Party with respect to all provisions contained in this Agreement
14.TERMINATION FOR CONVENIENCE:This Agreement may be terminated by the City
for convenience upon fourteen(14)calendar days of written notice by the terminating party
to the other party for such termination in which event the Vendor shall be paid its
compensation for services performed to the termination date,including services reasonably
related to termination. In the event that the Vendor abandons the Agreement or causes it to
be terminated, the Vendor shall indemnify the City against loss pertaining to this
termination.
15.TERMINATION FOR CAUSE: In addition to all other remedies available to City, this
Agreement shall be subject to cancellation by City for cause, should Vendor 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) calendar days'
after receipt by Vendor of written notice of such neglect or failure.
16.INDEMNIFICATION:Vendor shall indemnify and hold harmless the City,its elected and
appointed officers, agents, assigns and employees, consultants, separate Vendors, any of
their subcontractors,or sub-subcontractors,from and against claims,demands,or causes of
action whatsoever,and the resulting losses,damages,costs,and expenses,including but not
limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders,
judgments, or decrees, sustained by the City arising out of or resulting from(A) Vendor's
performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or
intentional wrongful conduct by Vendor's, its agents, employees, subcontractors,
participants,and volunteers,and(C) Vendor's failure to take out and maintain insurance as
required under this Agreement. Vendor shall pay all claims and losses in connection
therewith and shall investigate and defend all claims,suits, or actions of any kind or nature
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC.(AKA)BROWN&BROWN PUBLIC SECTOR
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City of Boynton Contract#25-055PB
in the name of the City,where applicable,including appellate proceedings,and shall pay all
costs, judgments, and attorneys' fees which may issue thereon. The obligations of this
section shall survive indefinitely regardless of termination of the Agreement.
17.INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City
with a copy of its Certificate of Insurance reflecting the insurance coverage required by the
Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its
officers,employees and agents as an additional insured.
18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to
which it is applicable,City shall not be liable or responsible to Vendor beyond the amount
remaining due to Vendor under the Agreement,regardless of whether said liability be based
in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for
punitive or exemplary damages or for lost profits or consequential damages.
19.NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any
special damages, speculative damages, indirect, special, incidental, consequential, loss of
profits,or other damages or losses of any kind whatsoever,no matter what the cause.
20. INDEPENDENT CONTRACTOR: The Agreement does not create an
employee/employer relationship between the Parties. It is the intent of the Parties that
Vendor is an independent contractor pursuant to the Agreement and shall not be considered
the City's employee for any purpose.
21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times
material to the Agreement, Vendor shall perform its obligations in compliance with all
applicable federal, state, and local laws, rules, and regulations, including section 501.171,
Florida Statutes.Non-compliance may constitute a material breach of the Agreement.
22.ASSIGNMENT: In the event this Agreement and any interests granted herein shall be
assigned, transferred, or otherwise encumbered, under any circumstances by Vendor,
Vendor must gain prior written consent from City thirty (30) business days before such
transfer. For purposes of this Agreement, any change of ownership of Company shall
constitute an assignment that requires City's approval. Notwithstanding the foregoing,
Vendor may, without City's consent, assign this Agreement in whole or in part as part of a
corporate reorganization, consolidation, merger, or sale of substantially all of its assets
related to this Agreement. Vendor shall provide City written notice of any such corporate
reorganization,consolidation,merger,or sale of substantially all of its assets related to this
Agreement within thirty(30)calendar days of such event.
23. AGREEMENT SUBJECT TO FUNDING:The 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 Boynton Beach in the annual budget
for each fiscal year of this Agreement,and is subject to termination based on lack of funding.
Early termination by City due to loss of funding shall not obligate Vendor to refund any
prepaid fees.
24.ENTIRE AGREEMENT. The Agreement, including the Agreement, sets forth the entire
Agreement between the City and the Vendor with respect to the subject matter of this
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC.(AKA)BROWN&BROWN PUBLIC SECTOR
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City of Boynton Contract#25-055PB
Agreement. This Agreement supersedes all prior and contemporaneous negotiations,
understandings,and agreements,written or oral,between the parties. This Agreement may
not be modified except by the parties' mutual agreement set forth in writing and signed by
the parties.
25.SEVERABILITY.If any provision of this Agreement or application thereof to any person
or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable, shall not be affected thereby,
and shall continue in full force and effect,and be enforced to the fullest extent permitted by
law.
26.ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13),Florida Statutes.
Signature Page to follow
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC.(AKA)BROWN&BROWN PUBLIC SECTOR
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City of Boynton Contract#25-055PB
IN WITNESS OF THE FOREGOING, the parties have set their hands and sealed the
day and year first written above.
CITY OF BOYNTON BEACH,FLORIDA RISK MANAGEMENT ASSOCIATES,
INC.(AKA)BROWN& BROWN
PUBLIC SE + '
At
Reb cca Shelton, Mayor Signature)
RISK MANAGEMENT ASSOCIATES,
INC. (AKA)BROWN&BROWN
PUBLIC SECTOR
Maikhew MonkoomGry
Print Name of Authorized Official
Ap.• • ed as to Form:
Exetuhive, Vice-Pratident
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Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC.(AKA)BROWN&BROWN PUBLIC SECTOR
8
City of Boynton Contract#25-055PB
EXHIBIT"A"
VENDOR'S PROPOSAL
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC (AKA)BROWN&BROWN PUBLIC SECTOR
9
Brown & Brown Risk Management Associates, Inc.
300 North Beach Street
Daytona Beach,FL 32114
BBrown.com P:(386)252-6176 I F:(386)239-4049
April 7, 2025
Mr. Rozwadowski,
Please accept this letter as our willingness to serve the City of Boynton Beach as Property and
Casualty insurance broker. Risk Management Associates, Inc. (AKA Brown &Brown Public Sector)
will receive commissions directly from the procuring insuring companies not to exceed the below
schedule by line of insurance;
Package- (Property,Auto, Liability) not to exceed 7%.
Workers Compensation-not to exceed 5%.
Ancillary Lines (Including Flood)-Not to exceed Standard Commissions.
Sincerely,
Matt Montgomery
Executive Vice President
Risk Management Associates, Inc.
City of Boynton Contract#25-055PB
EXHIBIT"B"
AGREEMENT BETWEEN TOWN OF JUPITER AND RISK MANAGEMENT
ASSOCIATES, INC. (AKA)BROWN&BROWN PUBLIC SECTOR
(CONTRACT NUMBER CW18653)
Piggyback Contract—RISK MANAGEMENT ASSOCIATES,INC.(AKA)BROWN&BROWN PUBLIC SECTOR
10
TOWN MANAGER'S SIGNATURE REQUIRED
DOCUMENT TRANSMITTAL FORM
• USE FOR ALL DOCUMENTS REQUIRING THE TOWN MANAGER'S SIGNATURE THAT DO
NOT REQUIRE TRANSMITTAL THROUGH THE TOWN CLERK'S OFFICE.
• DOCUMENTS THAT HAVE BEEN APPROVED AT THE TOWN COUNCIL LEVEL OR THAT
REQUIRE THE MAYOR'S, TOWN ATTORNEY'S AND/OR TOWN CLERK'S SIGNATURE MUST
BE TRANSMITTED THROUGH THE TOWN CLERK'S OFFICE.
DEPARTMENT AND Human Resources DIRECTOR NAME&SIGNATURE
STAFF CONTACT: C ( (... )
Ashley Wilson
AGENCY,VENDOR Risk Management and Associates - Brown and Brown Public
OR PROVIDER: Sector
DESCRIBE IN (refer to page number(s),as necessary)
DETAIL SERVICE This document serves as a notice of acceptance and purchase for Town of
OR PRODUCT Jupiter Property and Casualty Insurance, approved in Resolution 78-23.
PURCHASED The contract term is for two years with the option to renew for an additional
two years.
ANDTERMS:
The contract was signed by Town Council on 9/20/23.
DOLLAR AMOUNT (refer to page number(s))
OF AGREEMENT
OR CONTRACT
& GL ACCOUNTS:
BUDGET IMPACTS ✓ Approved In Operating Budget
Approved In CIP Budget
® Emergency Purchase
Bud et Transfer Re uired —Scott Reynolds,Finance Director
_ g q —Dawn Clark,Asst Finance Director
Grant
Sole Source Provider
LEGAL REVIEW Has the Agreement/Contract been reviewed for legal sufficiency
by the Town Attorney?
,/ Yes
No
Automatic Renewal Terms (no change in Agreement/Contract)
❑✓ Yes
oNo
If no, describe change:
NUMBER OF
1
DOCUMENTS TO BE
SIGNED/SPECIAL
INSTRUCTIONS:
Authori ton . Proceed:
k Kitzerow,Town Manager
O OF/o,,,+
"I". p HUMAN RESOURCES DEPARTMENT
PZOR191"
NOTICE OF ACCEPTANCE OF
PURCHASE FOR
PROPERTY AND CASUALTY INSURANCE FOR
THE TOWN OF JUPITER
September 15,2023
Matthew Montgomery
Risk Management and
Associates— Brown and
Brown Public Sector
Executive Vice President
300 North Beach Street
Daytona Beach, FL 321 14
Dear Mr. Montgomery,
This letter is to notify you of the acceptance of your proposal for our Town of Jupiter Property and
Casualty Insurance Coverage. We have elected to purchase your Property, General Liability, Law
Enforcement, Automobile Liability & Physical Damage, Public Officials & Employment Practices
Liability, Worker's Compensation, Pollution, Bonds, Ocean Maine Hull Coverage and Claim
Services through the Public Risk Insurance Advisors for the period of October 1,2023 through
September 30, 2025 with the Town's option to renew for an additional renewal period.
Please execute this document with your signature and return this it to us for countersign. The Notice
of Acceptance was presented at our Town Council on September 5,2023 in the form of Resolution
78-23, approving the Purchase of insurance coverage through Risk Management and Associates—
Brown and Brown Public Sector.
Sincerely,
A
rank ' zerow,Town Manager Matti ew M ntgomery, Executive Vice President
TOWN HALL • 210 MILITARY TRAIL • JUPITER,FLORIDA 33458 • WWW.JUPITER.FLUS • 561-746-5134
CONTRACT TO PROVIDE INSURANCE
THIS CONTRACT TO PROVIDE INSURANCE (CONTRACT) made this Pt day
of October, 2023, by and between the Town of Jupiter, 210 Military Trail, Jupiter,
Florida 33458, a municipal corporation of the State of Florida, hereinafter
designated as "the TOWN", and RISK MANAGEMENT ASSOCIATES, INC.
(A.K.A. BROWN & BROWN PUBLIC SECTOR), 300 North Beach Street,
Daytona Beach, Florida 32114, a STATE OF FLORIDA corporation, FEID Number
59- 2445801 hereinafter designated as"BROWN & BROWN PUBLIC SECTOR".
WITNESSETH THAT:
WHEREAS, the TOWN is a municipality and given those powers and
responsibilities enumerated by Chapter 166 Florida Statutes and the Florida Constitution;
and
WHEREAS, pursuant to Chapter 166, Florida Statutes the TOWN is empowered to
enter into contractual arrangements with public agencies, private corporations or other
persons; and
WHEREAS, the Town solicited proposals from qualified insurance companies to
provide the Town and its Community Redevelopment Agency (the CRA) coverage for
property/casualty and liability coverage for its elected and appointed officials and employees,
including those officials and employees of the CRA; and
WHEREAS, the TOWN received proposals from qualified insurance companies
which contained various lines of coverage for the TOWN and CRA, and a Selection
Committee comprised of the TOWN's staff evaluated those proposals; and
WHEREAS, the Selection Committee concluded that the proposals submitted by
BROWN & BROWN PUBLIC SECTOR were responsive and that BROWN & BROWN
PUBLIC SECTOR is qualified to provide the lines of coverage and services solicited by the
TOWN in its solicitation; and
WHEREAS, the Selection Committee has recommended that the Town Council
approve this CONTRACT with BROWN & BROWN PUBLIC SECTOR and
authorize and direct the Mayor to execute it; and
WHEREAS, the TOWN Council has appropriated funds in its current fiscal year
budget which are available for the funding of this CONTRACT; and
NOW THEREFORE, the TOWN and BROWN & BROWN PUBLIC SECTOR in
consideration of the benefits flowing from each to the other do hereby agree as follows:
Section 1. RECITALS
The above recitals are true and correct and are incorporated herein.
Section 2. TERM
The term of this CONTRACT is for two (2) years. The term of the CONTRACT shall
commence on October 1, 2023. The CONTRACT may be renewed at the end of the
first two (2) year term for another two (2) year term.
Section 3. SERVICES AND LINES OF COVERAGE
BROWN & BROWN PUBLIC SECTOR shall provide to the TOWN all services,
defense of claims, and lines of coverage as set forth by BROWN & BROWN
PUBLIC SECTOR in its response to the TOWN's Request for Proposals for (a)
Property and Casualty Insurance Coverage and (b) Comprehensive General
Liability Coverage for the TOWN and the CRA (collectively the "Lines of
Insurance"). The responses by BROWN & BROWN PUBLIC SECTOR to the
TOWN's RFP are incorporated by reference as though fully set forth herein as
part of this CONTRACT.
Section 4. INVOICING AND PAYMENT
BROWN & BROWN PUBLIC SECTOR shall receive commissions directly from the
procuring insuring companies. In consideration of the Services, Town acknowledges
and understands that BROWN & BROWN PUBLIC SECTOR may receive
compensation from the selling insurer, the amount of which may vary depending on
the insurer. If Town purchases insurance from an insurer that has agreed to pay
BROWN & BROWN PUBLIC SECTOR a commission then the amount of the
commission will be calculated as a percentage of premiums for the Lines of Insurance.
Town understands that it may request from BROWN & BROWN PUBLIC SECTOR
specific information on commissions to be received from specific insurers from which
insurance quote are obtained for the Town.
BROWN & BROWN PUBLIC SECTOR's invoices shall be sent to the following
address:
Town of Jupiter
Attention: Director, Department of Human Resources
210 Military Trail
Jupiter, Florida 33458
The TOWN shall pay the full amount of invoices received within 30 days of
receipt.
Section 5. TERMINATION
If either party defaults upon its obligations under this CONTRACT, the other party
shall have the right to terminate this CONTRACT by giving 120 days advance
written notice of its intention to do so. The termination of the CONTRACT shall not
relieve BROWN & BROWN PUBLIC SECTOR of providing a defense of any
claims which originated from October 1,2023 up to the termination of the
CONTRACT.
In the event the TOWN terminates the CONTRACT, it shall compensate
BROWN & BROWN PUBLIC SECTOR for its services through the termination
date. Thereafter, the TOWN shall be relieved of any and all remaining obligations
under this CONTRACT.
Section 6. STANDARDS OF COMPLIANCE
BROWN & BROWN PUBLIC SECTOR, its employees, shall comply with all
applicable federal, state, and local laws and regulation relating to the performance of
this CONTRACT. The TOWN undertakes no duty to ensure such compliance.
Pursuant to Section 287-055(6), Florida Statutes, the BROWN & BROWN PUBLIC
SECTOR warrants that it has not employed or retained any person, other than a
bona fide employee working solely for BROWN & BROWN PUBLIC SECTOR, to
solicit or secure this CONTRACT. Further BROWN & BROWN PUBLIC SECTOR
warrants that they have not paid or agreed to pay any person, other than a bona fide
employee working solely for BROWN & BROWN PUBLIC SECTOR, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting
from the awarding or making of this CONTRACT.
Section 7. ASSIGNMENT
BROWN & BROWN PUBLIC SECTOR shall not assign, delegate, or otherwise
transfer its rights and obligations as set forth in this CONTRACT without the prior
written consent of the TOWN. Any attempted assignment without the TOWN's
prior written consent shall be void.
Section 8. RECORDS RETENTION/OWNERSHIP/AUDIT
BROWN & BROWN PUBLIC SECTOR understands that all documents produced by
BROWN & BROWN PUBLIC SECTOR pursuant to this CONTRACT are public records
and BROWN & BROWN PUBLIC SECTOR must permit the inspection and copying of
any public records and must maintain all public records pursuant to Chapter 119, Florida
Statutes. BROWN & BROWN PUBLIC SECTOR shall indemnify and hold the TOWN
harmless from any demands, claims, actions or lawsuits of any kind regarding BROWN
& BROWN PUBLIC SECTOR's failure to comply with Chapter 119, Florida Statutes
related to public records. BROWN & BROWN PUBLIC SECTOR shall permit the TOWN
or its designated agent to inspect all records maintained by BROWN & BROWN
PUBLIC SECTOR which are produced pursuant to this CONTRACT at the location
where they are kept upon reasonable notice.
Section 9. GOVERNING LAW
The laws of the state of Florida shall govern this Contract.
Section 10. VENUE
In the event it is necessary for either party to initiate legal action regarding this
CONTRACT, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims.which are justifiable in
federal court.
Section 11. CONFLICTS
In the event any provisions of this CONTRACT shaIrconflict; or appear to conflict, the
CONTRACT, including all exhibits, attachments and all do.curnents specifically
incorporated by reference, shall be interpreted as a whole to resolve any
inconsistency.
Section 12. SEVERABILITY.
Should any term or provision of this CONTRACT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this CONTRACT, to the extent
that the CONTRACT shall remain operable, enforceable and in full force and effect to
the extent permitted by law
Section 13. ENTIRE CONTRACT
This CONTRACT, together with BROWN & BROWN PUBLIC SECTOR's responses
to the TOWN's RFPs, which have been incorporated by reference herein state the
entire understanding and agreement between the parties and supersedes any and all
written or oral representations, statements, negotiations, or agreements previously
existing between the parties with respect to the subject matter of this CONTRACT.
BROWN & BROWN PUBLIC SECTOR recognizes that any representations,
statements or negotiations made by TOWN staff do not suffice to legally bind the
TOWN in a contractual relationship unless they have been reduced to writing,
APPROVED BY THE Town Council and signed by an authorized TOWN
representative.
•
Section 14. AMENDMENT
Should it be necessary to amend the CONTRACT, it shall only be effective provided the
parties have agreed to and executed a written amendment hereto.
Section 15. ATTORNEY FEES
In the event either party initiates legal action to enforce the terms of the
CONTRACT, the prevailing party shall be entitled to recover its court costs and
attorney fees.
IN WITNESS WHEREOF, the parties by and through their duly authorized
representatives hereby execute this CONTRACT.
ATTEST: TOWN OF JUPITER
/
BY: %'/��/l�(l BY: / ,A 2 -94F
Laura Cahill, Town Clerk .i Kur-t ki, Mayor
`"O MDA. A%"
ei tet' � i APPROVED AS TO FORM AND
� LEGALSUFFICIECY:� .. i�c-iNp4Sno; • ,0�. By: i,,_ 9 . ya 4; dliFI!
as J. Ba' :, /��orney
Off ' st ,�
RISK MANAGEMENT ASSOCIATES, INC.
d/b/a Brown & Brown Public Sector
BY: A_____ DATE: g / a 0 / a3
Matt Montgomery, Executive Vice President
CONTRACT TO PROVIDE INSURANCE
THIS CONTRACT TO PROVIDE INSURANCE (CONTRACT) made this 1st day
of October, 2023, by and between the Town of Jupiter, 210 Military Trail, Jupiter,
Florida 33458, a municipal corporation of the State of Florida, hereinafter
designated as "the TOWN", and RISK MANAGEMENT ASSOCIATES, INC.
(A.K.A. BROWN & BROWN PUBLIC SECTOR), 300 North Beach Street,
Daytona Beach, Florida 32114, a STATE OF FLORIDA corporation, FEID Number
59- 2445801 hereinafter designated as"BROWN & BROWN PUBLIC SECTOR".
WITNESSETH THAT:
WHEREAS, the TOWN is a municipality and given those powers and
responsibilities enumerated by Chapter 166 Florida Statutes and the Florida Constitution;
and
WHEREAS, pursuant to Chapter 166, Florida Statutes the TOWN is empowered to
enter into contractual arrangements with public agencies, private corporations or other
persons; and
WHEREAS, the Town solicited proposals from qualified insurance companies to
provide the Town and its Community Redevelopment Agency (the CRA) coverage for
property/casualty and liability coverage for its elected and appointed officials and employees,
including those officials and employees of the CRA;and
WHEREAS, the TOWN received proposals from qualified insurance companies
which contained various lines of coverage for the TOWN and CRA, and a Selection
Committee comprised of the TOWN's staff evaluated those proposals; and
WHEREAS, the Selection Committee concluded that the proposals submitted by
BROWN & BROWN PUBLIC SECTOR were responsive and that BROWN & BROWN
PUBLIC SECTOR is qualified to provide the lines of coverage and services solicited by the
TOWN in its solicitation; and
WHEREAS, the Selection Committee has recommended that the Town Council
approve this CONTRACT with BROWN & BROWN PUBLIC SECTOR and
authorize and direct the Mayor to execute it; and
WHEREAS, the TOWN Council has appropriated funds in its current fiscal year
budget which are available for the funding of this CONTRACT; and
NOW THEREFORE, the TOWN and BROWN & BROWN PUBLIC SECTOR in
consideration of the benefits flowing from each to the other do hereby agree as follows:
Section 1. RECITALS
The above recitals are true and correct and are incorporated herein.
Section 2. TERM
The term of this CONTRACT is for two (2) years. The term of the CONTRACT shall
commence on October 1, 2023. The CONTRACT may be renewed at the end of the
first two (2) year term for another two (2) year term.
Section 3. SERVICES AND LINES OF COVERAGE
BROWN & BROWN PUBLIC SECTOR shall provide to the TOWN all services,
defense of claims, and lines of coverage as set forth by BROWN & BROWN
PUBLIC SECTOR in its response to the TOWN's Request for Proposals for (a)
Property and Casualty Insurance Coverage and (b) Comprehensive General
Liability Coverage for the TOWN and the CRA (collectively the "Lines of
Insurance"). The responses by BROWN & BROWN PUBLIC SECTOR to the
TOWN's RFP are incorporated by reference as though fully set forth herein as
part of this CONTRACT.
Section 4. INVOICING AND PAYMENT
BROWN & BROWN PUBLIC SECTOR shall receive commissions directly from the
procuring insuring companies. In consideration of the Services, Town acknowledges
and understands that BROWN & BROWN PUBLIC SECTOR may receive
compensation from the selling insurer, the amount of which may vary depending on
the insurer. If Town purchases insurance from an insurer that has agreed to pay
BROWN & BROWN PUBLIC SECTOR a commission then the amount of the
commission will be calculated as a percentage of premiums for the Lines of Insurance.
Town understands that it may request from BROWN & BROWN PUBLIC SECTOR
specific information on commissions to be received from specific insurers from which
insurance quote are obtained for the Town.
BROWN & BROWN PUBLIC SECTOR's invoices shall be sent to the following
address:
Town of Jupiter
Attention: Director, Department of Human Resources
210 Military Trail
Jupiter, Florida 33458
The TOWN shall pay the full amount of invoices received within 30 days of
receipt.
Section 5. TERMINATION
If either party defaults upon its obligations under this CONTRACT, the other party
shall have the right to terminate this CONTRACT by giving 120 days advance
written notice of its intention to do so. The termination of the CONTRACT shall not
relieve BROWN & BROWN PUBLIC SECTOR of providing a defense of any
claims which originated from October 1,2023 up to the termination of the
CONTRACT.
In the event the TOWN terminates the CONTRACT, it shall compensate
BROWN & BROWN PUBLIC SECTOR for its services through the termination
date. Thereafter, the TOWN shall be relieved of any and all remaining obligations
under this CONTRACT.
Section 6. STANDARDS OF COMPLIANCE
BROWN & BROWN PUBLIC SECTOR, its employees, shall comply with all
applicable federal, state, and local laws and regulation relating to the performance of
this CONTRACT. The TOWN undertakes no duty to ensure such compliance.
Pursuant to Section 287-055(6), Florida Statutes, the BROWN & BROWN PUBLIC
SECTOR warrants that it has not employed or retained any person, other than a
bona fide employee working solely for BROWN & BROWN PUBLIC SECTOR, to
solicit or secure this CONTRACT. Further BROWN & BROWN PUBLIC SECTOR
warrants that they have not paid or agreed to pay any person, other than a bona fide
employee working solely for BROWN & BROWN PUBLIC SECTOR, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting
from the awarding or making of this CONTRACT.
Section 7. ASSIGNMENT
BROWN & BROWN PUBLIC SECTOR shall not assign, delegate, or otherwise
transfer its rights and obligations as set forth in this CONTRACT without the prior
written consent of the TOWN. Any attempted assignment without the TOWN's
prior written consent shall be void.
Section 8. RECORDS RETENTION/OWNERSHIP/AUDIT
BROWN & BROWN PUBLIC SECTOR understands that all documents produced by
BROWN & BROWN PUBLIC SECTOR pursuant to this CONTRACT are public records
and BROWN & BROWN PUBLIC SECTOR must permit the inspection and copying of
any public records and must maintain all public records pursuant to Chapter 119, Florida
Statutes. BROWN & BROWN PUBLIC SECTOR shall indemnify and hold the TOWN
harmless from any demands, claims, actions or lawsuits of any kind regarding BROWN
& BROWN PUBLIC SECTOR's failure to comply with Chapter 119, Florida Statutes
related to public records. BROWN & BROWN PUBLIC SECTOR shall permit the TOWN
or its designated agent to inspect all records maintained by BROWN & BROWN
PUBLIC SECTOR which are produced pursuant to this CONTRACT at the location
where they are kept upon reasonable notice.
Section 9. GOVERNING LAW
The laws of the state of Florida shall govern this Contract.
Section 10. VENUE •
In the event it is necessary for either party to initiate legal action regarding this
CONTRACT, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims which are justifiable in
federal court.
Section 11. CONFLICTS
In the event any provisions of this CONTRACT shall conflict, or appear to conflict, the
CONTRACT, including all exhibits, attachments and all documents specifically
incorporated by reference, shall be interpreted as a whole to resolve any
inconsistency.
Section 12. SEVERABILITY.
Should any term or provision of this CONTRACT be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this CONTRACT, to the extent
that the CONTRACT shall remain operable, enforceable and in full force and effect to
the extent permitted by law
Section 13. ENTIRE CONTRACT
This CONTRACT, together with BROWN & BROWN PUBLIC SECTOR's responses
to the TOWN's RFPs, which have been incorporated by reference herein state the
entire understanding and agreement between the parties and supersedes any and all
written or oral representations, statements, negotiations, or agreements previously
existing between the parties with respect to the subject matter of this CONTRACT.
BROWN & BROWN PUBLIC SECTOR recognizes that any representations,
statements or negotiations made by TOWN staff do not suffice to legally bind the
TOWN in a contractual relationship unless they have been reduced to writing,
APPROVED BY THE Town Council and signed by an authorized TOWN
representative.
Section 14. AMENDMENT
Should it be necessary to amend the CONTRACT, it shall only be effective provided the
parties have agreed to and executed a written amendment hereto.
Section 15. ATTORNEY FEES
In the event either party initiates legal action to enforce the terms of the
CONTRACT, the prevailing party shall be entitled to recover its court costs and
attorney fees.
IN WITNESS WHEREOF, the parties by and through their duly authorized
representatives hereby execute this CONTRACT.
ATTEST: TOWN OF JUPITER
BY: if,!/1.Gc BY: A
Laura Cahill, Town Clerk Ku etski, Mayor
<\*,,OINI
�enc tm wqnllok4,4,
DA...p4";/4,4,_p %
� � s
�t�¢ APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
`mac• irco ►o •
C By:
9111!,----
y Thomas J. :.ir• M. £ttorney
RISK MANAGEMENT ASSOCIATES, INC.
d/b/a Brown & Brown Public Sector
BY: DATE: el / c90 / ,Z3
Matt ontgomery, Executive Vice President
The City of Boynton Beach
OFFICE OF THE CITY COMMISSION
(, 1 ': Mayor Rebecca Shelton
100 East Ocean Avenue
Boynton Beach, Florida 33435
(P): 561-742-6010 1 (F): 561-742-6011
, r www.boynton-beach.org
U
s ,
c rw
May 6, 2025
Preferred Governmental Insurance Trust
c/o Risk Management Associates, Inc.
PO Box 2416
Daytona Beach, FL 32115
AGENT/BROKER OF RECORD LETTER
Dear Sir or Madam:
This will confirm that as of 5/6/2025, Risk Management Associates, Inc. is appointed
Agent/Broker of Record and representative on insurance matters in connection with the following
policies:
• Public Risk Underwriters of Florida (PGIT) Policy # PX FL 10502003 2402
• Wright Flood Policy#091152693223
• Wright Flood Policy# 115269323200
• Wright Flood Policy# 115269322600
• Wright Flood Policy# 115269323600
• Wright Flood Policy# 115269323900
• Wright Flood Policy# 115269324100
• Wright Flood Policy# 115269321800
• Wright Flood Policy# 115269322000
• Wright Flood Policy# 115268557100
• Crum & Forster Specialty Insurance Company Policy# STP-429804
• Crum & Forster Specialty Insurance Company Policy# PLL-109452
• StarNet Insurance Company Policy# HBB-000730-FA02
• Evanston Insurance Company Policy# 3AA829658
• Evanston Insurance Company Policy# EZXS3174450
• Hartford Fire Insurance Company Policy#21-GTA-101956
This appointment includes any additional, missed, or subsequently acquired policies and
coverages, whether currently in force or issued in the future, under our account.
AMERICA'S GATEWAY TO THE GULFSTREAM
The City of Boynton Beach
OFFICE OF THE CITY COMMISSION
G\T Y oMayor Rebecca Shelton
100 East Ocean Avenue
Boynton Beach, Flonda 33435
(P): 561-742-6010 I (F): 561-742-6011
cc �? www.boynton-beach.org
/1"
'PO
Risk Management Associates, Inc. is authorized to negotiate with any insurance company to effect
changes in our existing coverage and/or to increase, reduce, or cancel such insurance as may be
necessary.
This appointment supersedes and revokes any previous Agent/Broker of Record letter and will
remain in force until canceled in writing by an officer of this Company.
We agree that Risk Management Associates, Inc. is not responsible for any deficiencies in our
present insurance program and will not assume such responsibility unless and until its
representatives have had a reasonable opportunity to review our exposures, provide us with
suggestions for coverage, and implement any changes agreed upon. Risk Management Associates,
Inc. will not be responsible for any returned commissions, uncollected premiums, audit premiums
or other financial obligations or arrangements relating to the current policy period or to prior policy
periods.
This letter also constitutes the authority of any underwriter to furnish Risk Management
Associates, Inc. representatives with any information or data that may be required in order to
respond to our present and future insurance needs.
Please waive any grace period as this decision is effective immediately.
Thank you for your cooperation.
Sine rely,
Mayor Rebecca Shelton
City of Boynton Beach
AMERICA'S GATEWAY TO THE GULFSTREAM