R12-060 11
4j RESOLIJTION NO. R 12 -060
ni
I-1; A RESOLUTION OF THE CITY COMMISSION OF
G THE CITY OF BOYNTON BEACH, FLORIDA,
t i APPROVING AND AWARDING A BROKER
AGREEMENT (RFP # 050 - 1710- 12 /JMA) BETWEEN
THE CITY OF BOYNTON BEACH AND ARTHUR J.
' GALLAGHER RISK MANAGEMENT SERVICES,
ID; INC., OF BOCA RATON, FLORIDA FOR
10i BROKERAGE SERVICES FOR THE RENEWAL OF
1 1 CURRENT INSURANCE PROGRAMS IN THE
12 AMOUNT OF 57,500.00; AUTHORIZING THE
- 1 INTERIM CITY MANAGER AND CITY CLERK TO
14 EXECUTE THE BROKER AGREEMENT; AND
1'$ PROVIDING AN EFFECTIVE DATE.
16
1q WHEREAS. the City, of Boynton Beach issued a Request for Proposals (RFP #050-
1$ 1710- 12 /.IMA) for Brokerage Serk ices for the Renewal of the Current Insurance Programs:
19 and
2( WHEREAS. on June 20. 2012, Procurement Seri ices opened and tabulated fiv e (5)
21 proposals for the referenced RFP: and
i
2 i WHEREAS, all proposals were rekiewed and it was determined that Arthur J.
I
23 Gallagher Risk Management Seri ices. Inc , was the lowest. most responsiv e hidder who
.21 met all specifications.
251 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
1,
i
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2' Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2p! as being true and correct and are hereby made a specific part of this Resolution upon
2i)1 adoption.
!1
30 Section 2. The City Commission of the City of Boynton Beach. Honda. hereby
3 { approkes and awards a Broker Agreement to Arthur J. Gallagher Risk Management
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Sen. ices. Inc.. for Brokerage Services for the Renewal of the Current Insurance Programs
(RFP #050- 1710- 127JMA) in the amount of $7.500.00.
Section 3. The City Commission authori,es the Interim City_ Manager and City
4' Clerk to execute a Broker Agreement with Arthur .1 Gallagher Risk Management Services.
6 Inc.. a copy of which is attached hereto as Exhibit "A"
6 Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED 11 IIS 17 day of .lulu. 2012.
CI FY OF BOYN 1 ON BEAU 11. FLORIDA
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11 r� /1r. ��� ,
141 Mayor s r�•"' ,
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56 Mack McCrax
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C - i• • . 'P- S en o :n
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2 ATTEST:
24 Commissioner— Marlene Ross
2
2 iH l., L in . .
2 Jan; M, Prainito. MMC
2! Clerk
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RI -060
BROKER AGREEMENT
FOR
"ANNUAL AGREEMENT 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 Arthur J. Gallagher Risk Management Services, Inc., 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, initial term shall be September
18, 2012 thru September 17, 2013
4 TERM This Agreement shall be for a period of one (1) year commencing upon the giving
Agreement is executed by the City, with optional renewals for two (2) years at the discretion
of the City based on mutually agreed upon rates
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 annual agreement price of $7,500, 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 agreement 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 agreement 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
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
agreement 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
It shall be the responsibility of the successful bidder to maintain workers' compensation
insurance, property damage, liability insurance and vehicular liability insurance during the
duration of this agreement
The successful bidder shall secure and maintain in force throughout the duration of this
agreement workers' compensation insurance to statutory limits
The successful bidder shall provide evidence of at least $1,000,000 of Errors and Omissions
coverage, and any other insurance coverage or risk financing program intended to cover
similar incidents in the broker - insured relationship
The successful bidder shall furnish the City with a certificate of insurance after award has
been made prior to the start of any work for the City Said insurance companies must be
authorized to do business in the State of Florida and the City will not accept any company
that has a rating less than B+ in accordance with A M Best's Key Rating Guide latest
edition
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 bona fide employee working
solely for the Broker, to solicit or secure this agreement, and that he has not paid or agreed
to pay any company or person, other than a bona fide 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 agreement
For breach or violation of this warranty, the City shall have the right to annul this agreement
without liability or, in its discretion to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee
12 DISCRIMINATION PROHIBITED 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 Either CITY or BROKER may terminate this Agreement at any time by giving forty -five
(45) days written notice to the other party, this also includes non - renewal or increase in
rate or adverse change
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 Manager
City of Boynton Beach
PO Box310
Boynton Beach, FL 33425 -0310
Notices to Broker shall be sent to the following address
Arthur J Gallagher Risk Management Services, Inc
ATTN Judith Arenz, Sr V P
3355 Glades Road
Suite 400E
Boca Raton, FL 33431
INTEGRATED 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
DATED this ( day of J Lt t y 20 1 2
CITY OF BOYNTON BEACH
' m Cit ' anager - Broker
Attest /Authenticated , %KO l gh /L
Title
• iLi. (Corporate Seal)
Cit Clerk
Approved . s to, orm Attest /Authenticated
14,4,
Office ! the Cyorney Secretary
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N ' y l;.. 4- I rC �
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EXHIBIT "A"
SCOPE OF SERVICES
1 Services in advising and coordinating with the City's Risk Manager include, but are not
limited to the following,
2 Assist in developing underwriting data and specifications for renewal negotiations
3 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
4 Evaluate the commitment and financial stability of the underwriters
5 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
6 Schedule meetings with the Risk Manager to discuss loss control issues, exposure
changes, and general administrative matters
7 Analyze the City's exposure to loss, adequacy of coverage, and develop options on
coverage not presently purchased by the City
8 Provide service for day to day contact on insurance matters
9 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
10 Work with the City's Risk Manager to monitor the viability and cost effectiveness of the
City's insurance program
11 Provide other services that are normally and customarily required of a municipal
insurance broker
CITY CLERK'S OFFICE
MEMORANDUM
4 P
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TO: James Cherof
City Attorney
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 18, 2012
RE: Agreements Approved by City Commission July 17, 2012
Attached is the agreement that was approved by the City Commission at their regular meeting
held on July 17, 2012. Please review, sign and return to me for further processing. Thank you.
RESOLUTION NO. OF DESCRIPTION
# DOCUMENTS
R12 - 059 1 Ground Lease Agreement with MetroPCS to
allow for ground equipment and co- location on
the existing Telecommunications tower at Hester
Park
R12 - 060 1 Broker Agreement for the Renewal of the current
insurance programs
R12 - 061 1 Agreement with Health Career Institute, Inc. (NCI)
for a cooperative relationship to use Boynton Beach
as a clinical training site.
R12 - 062 1 Purchase Agreement for the purchase of property
owned by Andrew Luchey and Gail Luchey.
R12 - 064 1 Accepting the Edward Byrne Memorial Justice
Assistance Grant Program (JAG) for the holiday
deployment operation and purchase of tasers.
Attachments
S. \CC \WP \AFTER COMMISSION \City Attorney Transmittals \Year 2012 \07- 17- 12.doc
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
�� (561) 742 -6060
FAX: (561) 742 -6090
e -mail: prainitoj @bbfl.us
www.boynton- beach.org
MEMORANDUM
TO: Tim Howard
Deputy Director of Finance
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 19, 2012
SUBJECT: R12 -060 — "ANNUAL AGREEMENT FOR BROKERAGE SERVICES
FOR THE RENEWAL OF THE CURRENT INSURANCE PROGRAMS"
Attached for your, handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been fully executed, please return the original
to the City Clerk's Office for Central File.
Please contact me if there are any questions. Thank you.
Attachments
(Agreement & Resolution)
c: Central File
S: \CC \WP \AFTER COMMISSION \Departmental Transmittals \2012 \Tim Howard - R12 -060 - Brokerage Agreement for Insurance.doc
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