R08-108
1 RESOLUTION NO. R 08- I (/~
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AWARDING A BROKER
6 AGREEMENT (RFP # 06S-1610-08/JA) BETWEEN THE
7 CITY OF BOYNTON BEACH AND PUBLIC RISK
8 INSURANCE AGENCY FOR BROKERAGE SERVICES
9 FOR THE RENEWAL OF THE CURRENT
10 INSURANCE PROGRAMS IN THE AMOUNT OF
11 $12,000.00; AUTHORIZING THE CITY MANAGER
12 AND CITY CLERK TO EXECUTE THE BROKER
13 AGREEMENT; AND PROVIDING AN EFFECTIVE
14 DATE.
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16 WHEREAS, the City of Boynton Beach issued a Request for Proposals (RFP #065-
17 1610-08/JA) for Brokerage Services for the Renewal of the Current Insurance Programs;
18 and
19 WHEREAS, on August 19,2008, Procurement Services opened and tabulated three
20 (3) proposals for the referenced RFP; and
21 WHEREAS, all proposals were reviewed and it was determined that Public Risk
22 Insurance Agency was the lowest, most responsive bidder who met all specifications.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption.
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Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
29 approves and awards a Broker Agreement with Public Risk Insurance Agency for Brokerage
30 Services for the Renewal of the Current Insurance Programs (RFP#065-16103-08/JA) in the
S\CA\RESOlAgreements\Bid AwardslAward of Broker Agreement.doc
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1 amount of$12,000.00.
2 Section 3. The City Commission authorizes the City Manager and City Clerk to
3 execute a Broker Agreement with Public Risk Insurance Agency, a copy of which is
4 attached hereto as Exhibit "A".
5 Section 4. That this Resolution shall become effective immediately.
6 PASSED AND ADOPTED THIS .~ day of September, 2008.
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SICAIRESO\AgreementslBid Awards\Award of Broker Agreement.doc
BROKER AGREEMENT
I?()f -Ill i
FOR
"ANNUAL CONTRACT FOR BROKERAGE SERVICES FOR THE RENEWAL OF
THE CURRENT INSURANCE PROGRAMS"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Public Risk Insurance A2:ency, hereinafter referred to as "the Broker", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The BROKER is retained by the City to perform BROKER
services in connection with the project designated.
2. SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit "A"
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Broker to proceed. Broker shall perform all services and
provide all work product required pursuant to this Agreement effective October 01,2008.
4. TERM. This Agreement shall be for a period of one (1) year commencing upon the giving
Agreement is executed by the City.
5. PAYMENT. The Broker shall be paid by the Provider/City for completed work and for
services rendered under this Agreement as follows:
a. The total contract price, $12.000.00 annually as referred to herein, shall be the total
amount of payment to Broker for services provided under this Agreement for the entire term
of the Agreement
b. Payment for the work provided by Broker shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Broker shall not
exceed the total contract price without express written modification of the Agreement signed
by the City Manager or designee.
c. The Broker may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Broker in the amount approved.
d. Final payment of any balance due the Broker of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work
under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Broker's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
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6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Broker in connection with the services rendered under this
agreement shall be the property of the City whether the project for which they are made is
executed or not. The Broker shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Broker's endeavors.
7. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Broker's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Broker.
9. INSURANCE. The Broker shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to
limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Broker nor any employee of Broker shall be
entitled to any benefits accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Broker, or any employee of
Broker.
11. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Broker, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Broker, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract.
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For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHffiITED. The Broker, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Broker shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Broker.
b. In the event of the death of a member, partner or officer of the Broker, or any of its
supervisory personnel assigned to the project, the surviving members of the Broker
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Broker and the City, if the City so chooses.
16. 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.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Broker shall be sent to the following address:
Public Risk Insurance Agency
P.O. Box 2416
Daytona, FI 32115
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And Copy to:
Risk Management Associates, Inc.
DBA Public Risk Insurance Agency
Attention: Ann Hansen
P.O. Box 2416
Daytona, FI 32115
INTEGRA TED AGREEMENT. This Agreement, together with attachments or
addenda, represents the entire and integrated Agreement between the City and the Broker and
supersedes all prior negotiations, representations, or Agreements written or oral. This
Agreement may be amended only by written instrument signed by both City and Broker.
DA TED this ~ day of (\ od un t...F ,20~.
CITY OF BOYNTON BEACH:
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Broker
A ttest/ Authenticated: J \ u- Pu"'l:); ~ ,
Title
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Attest/Authenticated:
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EXHIBIT "A"
SCOPE OF WORK
Services in advising and coordinating with the City's Risk Manager include, but are not limited
to the following:
1. Assist in developing underwriting data and specifications for renewal negotiations.
2. With the participation of the Risk Manager, obtain bids from the insurance industry
and negotiate the best terms and coverage for the various exposure areas.
3. Evaluate the commitment and financial stability of the underwriters.
4. Service existing insurance policies by tendering losses, reviewing coverage issues,
assisting in collection of losses, reporting values, issuing Certificates of Insurance as
needed, processing policy changes, etc. in a timely manner.
5. Schedule meetings with the Risk Manager to discuss loss control issues, exposure
changes, and general administrative matters.
6. Analyze the City's exposure to loss, adequacy of coverage, and develop options on
coverage not presently purchased by the City.
7. Provide service for day to day contact on insurance matters.
8. Prepare an annual report including a schedule of policies in force, coverage provisions,
premiums, insurance claims experience for the prior policy year and recommendations
for possible adjustments to insurance coverage for the next policy year. The report
should provide a summary of broker support services rendered during the prior year,
with recommendations for broker services recommended for the subsequent year.
9. Work with the City's Risk Manager to monitor the viability and cost effectiveness of
the City's insurance program.
10. Provide other services that are normally and customarily required of a municipal
insurance broker.
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The Cihj o! Bo'lnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito
City Clerk
DATE: September 24, 2008
SUBJECT: ROB-lOB Annual Contract for Brokerage Services for the Renewal
of the Current Insurance Programs
Attached for your handling is the partially executed agreement mentioned above and a
copy of the Resolution. Once the document has been fully executed, please return the
original document to the City Clerk's Office for Central File.
Thank you.
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Attachments (2)
C: Central File & Followup
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\200B\Carol Doppler ROB-lOB.doc
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