R19-069 RESOLUTION NO. R19- 0(09
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
• MANAGER TO SIGN A THREE YEAR AGREEMENT WITH
• THE GEHRING GROUP, INC., OF PALM BEACH GARDENS,
FL FOR RFP NO.017-1710-19/MFD FOR INSURANCE BROKER
SERVICES IN THE ESTIMATED TOTAL THREE YEAR COST
OF $210,000 FOR THE INITIAL PERIOD COVERING JULY 3,
2019 THRU JULY 2, 2022; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,on May 14,2019 City staff opened and tabulated three(3)proposals
to RFP No. 017-1710-19/MFD for Insurance Brokerage Services; and
• WHEREAS, the proposals were reviewed by the evaluation committee and The
• Gehring Group is recommended based on the evaluation criteria in the RFP; and
WHEREAS, the Agreement is for three (3)years with two (2) one-year renewals
with an increase of 2.5%for each renewal year; and
WHEREAS, the City Commission of the City of Boynton Beach upon
•s recommendation of staff, deems it to be in the best interest of the citizens and residents to
• approve and authorize the City Manager to sign an Agreement with The Gehring Group,
Inc., of Palm Beach Gardens, FL for RFP No. 017-1710-19/MFD for Insurance Broker
•c Services with an estimate three year cost of$210,000 for the initial period covering July
3, 2019 thru July 2, 2022.
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
. OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
r Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed
: as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
c Section 2. The City Commission of the City of Boynton Beach, Florida,
S:\CA\RESO\Agreements\Insurance Broker Services (Gehring)-Reso.docx
hereby approves and authorizes the City Manager to sign a three(3)year Agreement with
:, The Gehring Group, Inc., of Palm Beach Gardens, FL for RFP No. 017-1710-19/MFD for
Insurance Broker Services with an estimate three year cost of $210,000 for the initial
period covering July 3,2019 thru July 2,2022,a copy of the Agreement is attached hereto
• and incorporated herein as Exhibit"A".
• Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this CO day of Al 1C{Lksi-, 2019.
CITY OF BOYNTON BEACH, FLORIDA
s YES NO
• 1
Mayor—Steven B. Grant `,✓`.
Vice Mayor—Justin Katz +�
Commissioner—Mack McCray �l
r Commissioner—Christina L. Romelus
Commissioner—Ty Penserga
VOTE
3
.' ATTEST:
'I ueenester Nieves
•• Deputy City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Insurance Broker Services (Gehring)-Reso.docx
PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE
GEHRING GROUP, INC. FOR INSURANCE BROKER SERVICES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and The Gehring Group, 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 INSURANCE
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
2019.
4. TERM. This Agreement shall be for a period of three (3) years commencing upon the giving
Agreement is executed' by the City, with optional renewals for two (2) one-year periods at
the discretion of the City based on mutually agreed upon rates.
5. PAYMENT. The Broker shall be paid commissions by the appropriate insurance companies
for coverage placement services provided to the City for services rendered under this
Agreement as follows:
a. The total contract price, $210,000, shall be the total amount of payment to Broker for
services provided under this Agreement for the initial three (3) year term of the Agreement
and $145,293.75 for optional years four (4) and five (5) itemized as follows:
Annual Fee
Insurance& Risk Management Services—Year 1 $70,000.00
Insurance& Risk Management Services—Year 2 $70,000.00
Insurance& Risk Management Services—Year 3 $70,000.00
Insurance& Risk Management Services—Optional Year 4 (add 2.5%) $71,750.00
Insurance& Risk Management Services—Optional Year 5 (add 2.5%) $73,543.75
b. Payment as provided in this section shall be compensation for work performed and
services rendered.
c. 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 it 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 contract, and that it 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 contract.
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 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,
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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 thirty
(30) 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:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to INSURANCE BROKER shall be sent to the following address:
The Gehring Group, Inc.
4200 Northcorp Parkway, Suite 185
Palm Beach Gardens, Florida 33410
18. 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.
19. 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.
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The City is public agency subject to Chapter 119, Florida Statutes. The Broker shall comply
with Florida's Public Records Law. Specifically, the Broker shall:
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, Broker shall
destroy all copies of such confidential and exempt records remaining in its possession
once the Broker transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Broker shall transfer to the CITY, at no cost to the
CITY, all public records in Broker's possession All records stored electronically by
Broker 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 CONTRACTOR (BROKER) HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO
THE CONTRACTOR'S (BROKER'S) DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
CITYCLERK@BBFL.US
20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Broker certifies that Broker is not participating in a
boycott of Israel. Broker further certifies that Broker 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 Broker 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 Broker of the City's determination concerning the false certification. Broker
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, Broker 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 Broker does not demonstrate
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that the City's determination of false certification was made in error then the City shall
have the right to terminate the contract and seek civil remedies pursuant to Section
287.135, Florida Statutes, as amended from time to time.
DATED this \\ day of I %ft • , 2019.
CITY OF BOYNTON BEACH
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Lori LaVerriere, City Manager Signature of Authorized Official
Printed Name of Authorized Official
Attest/Authenticated:
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Cry. tal Gibson, City Clerk ; O :o ei it4 s
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Approved as to F. cn: Attest/Authenticated: "413
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Jam! A. Cher• ty Attorney Secretary
BROKER:
THE GEHRING GROUP, INC. Attest/Authenticated:
•
By: 'A_ :.: -- _ _I t_. AI �ii,_ /_IIIA
1 Kurt N. Gehr ng '7 _ r C.E.O. Cindy T •mpson, Secreta
Date: August 28, 2019
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EXHIBIT A
SCOPE OF SERVICES
WORKER'S COMPENSATION SERVICES
INJURY MANAGEMENT
❑ Assist with establishing written policies and procedures for workplace injuries
❑ Assist with establishing incident and injury reporting procedures
❑ Provide training and education to supervisors and employees regarding workers'
compensation procedures and statutory requirements
❑ Work with medical providers to implement consistent treatment and reporting policies
❑ Provide service to assist management with initial claim assessment
❑ Review injuries within forty-eight(48) hours of occurrence upon request
❑ Assist with establishing written policy and assignment of"light duty"
❑ Act as liaison to adjuster to review treatment, MMI assessment and release to "full duty"
❑ Assist in open claims review meetings with carrier or Third-Party Administrator to ensure
efficient and expeditious resolution.
LEGAL ADMINISTRATION SUPPORT
❑ Assist in production of records to claimant counsel
❑ Act as liaison to claimant attorney and carrier assigned counsel as needed
❑ Assist with mediation following through to claim settlement as needed
SAFETY PROGRAMS
❑ Provide written safety procedure templates as requested
❑ Provide safety training and education to supervisors&employees
❑ Conduct monthly/quarterly departmental safety meetings as required
❑ Provide literature and topics for monthly safety meetings
❑ Assist with updating safety programs as necessary
❑ Participate and assist with on-site safety inspections
❑ Act as liaison to safety/loss control inspections with outside examiners
❑ Provide research and recommendations regarding safety incentive programs
❑ Write safety incentive program and present to management
❑ Implement safety incentive program
ANALYTICAL SERVICES
❑ Produce annual audit, based on actual payroll and exposure
❑ Provide projected workers' compensation costs for budgetary purposes
❑ Review quarterly losses and aid in the assessment of reserves with adjuster as necessary
❑ Produce RFP for workers' compensation coverage
❑ Evaluate RFP submittals consistent with the needs of the City
❑ Prepare final written recommendation for coverage
❑ Present evaluation recommendation to management and staff
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PROPERTY,CASUALTY& LIABILITY SERVICES
CLAIM AND LOSS MANAGEMENT
❑ Assist with establishing written policies and procedures for losses, incident investigations,
accidents and liability claims
❑ Assist with establishing property loss, incident and accident reporting procedures
❑ Provide training and education to management regarding reporting procedures
❑ Work with adjusters, appraisers and investigators to research and assess claims
❑ Provide service to assist management with initial claim and loss assessment
❑ Review accidents and incidents within forty-eight (48) hours of occurrence upon request
❑ Assist in claim filing and notification to carrier
❑ Act as liaison to adjuster to facilitate closing of claim
❑ Assist with open claims review meetings with carrier or TPA to ensure expeditious resolution
LEGAL ADMINISTRATION SUPPORT
❑ Assist in production of records to claimant/plaintiff counsel
❑ Act as liaison to claimant/plaintiff attorney and carrier assigned counsel as needed
❑ Assist with compilation of Requests to Produce
❑ Assist with mediation following through to claim settlement
LOSS CONTROL PROGRAMS
❑ Provide written loss control policies and procedure templates
❑ Provide loss control training and education to management and supervisory staff
❑ Update loss control programs as necessary
❑ Participate and assist with on-site loss control inspections
❑ Act as liaison to loss control inspections with outside examiners
ANALYTICAL SERVICES
❑ Assist with production of annual audit, based on actual budget, schedules and exposure
❑ Provide projected coverage costs for budgetary purposes
❑ Review quarterly losses and assess reserves with adjuster as necessary
❑ Assist with annual property appraisals
❑ Review contracts for coverage sufficiency
❑ Assist with compilation of property schedules
❑ Produce RFP for property, casualty and liability coverage
❑ Evaluate RFP submittals consistent with the needs of the City
❑ Prepare final written recommendation for coverage
❑ Present evaluation recommendation to staff
CLIENT EDUCATION
❑ Client attendance at Gehring Group Public Sector Insurance, Education and Excellence Summit
❑ Client networking and roundtable discussions
❑ Onsite/offsite training, seminars and other education opportunities
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