HomeMy WebLinkAboutR-03-0515J-03-451
05/15/03
RESOLUTION NO. 0 J "" 5 15
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BROWN AND BROWN, INC.,
THE TOP-RANKED FIRM SELECTED AS A RESULT OF
THE COMPETITIVE SELECTION PROCESS TO PROVIDE
INSURANCE BROKERAGE SERVICES, FOR AN INITIAL
ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND
THE AGREEMENT FOR AN ADDITIONAL ONE-YEAR
PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED
$110,000; ALLOCATING FUNDS FROM ACCOUNT CODE
NO. 515001.624401.6.650.
WHEREAS, the City of Miami issued RFLI No. 02-03-032 seeking
qualified and experienced firms for the provisions of insurance
brokerage services for the Department of Risk Management; and
WHEREAS, the Evaluation Committee evaluated the proposals
received and ranked Brown and Brown, Inc. as the top-ranked firm,
and recommended that the City Manager negotiate a Professional
Services Agreement ("Agreement") with the top-ranked firm for an
initial one-year period, with the option to extend the Agreement
for an additional one-year period, in an amount not to exceed
$110,000; and
MT COMMON
KEETIM OF
MAY 2 2 2003
Resolution No.
03-- 515
A
WHEREAS, the City Manager concurred with the recommendation
of the Evaluation Committee; and
WHEREAS, Resolution No. 03-228, adopted February 27, 2003,
authorized the City Manager to negotiate an Agreement with Brown
and Brown, Inc., the top-ranked firm, and present the negotiated
agreement to the City Commission for review and consideration;
and
WHEREAS, funds for said services will be allocated from
Account Code No. 515001.624401.6.650;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized!' to execute a
Professional Services Agreement ("Agreement"), in substantially
the attached form, with Brown and Brown, Inc., the top-ranked
firm selected as a result of the competitive selection process to
provide insurance brokerage services for the Department of Risk
Management, for an initial one-year period, with the option to
ii The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
Page 2 of 3 03— 515
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extend the Agreement for an additional one-year period, in an
amount not to exceed $110,000, with funds allocated from Account
Code No. 515001.624401.6.650.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
PASSED AND ADOPTED this 22nd day of May , 2003.
,R'ANUEL A. DIAZ, MAY
ATTEST:
r
PR CILLA A. THOMPSON
CI CLERK
law- If
APPROVED ke"Tjf FORM AND CORRECTNESS:
90%WFC1ILARELLO
ATTORNEY
247:tr:AS:BSS
zf If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 3 03- 515
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this day of , 2003 (but effective as of
) by and between the City of Miami, a municipal corporation of the State
of Florida ("City") and Brown and Brown, Inc., a Florida corporation ("Provider"")
RECITAL
A. The City has issued a Request for Letters of Interest ("RFLI") for the provision of
insurance brokerage services ("Services") and Provider's proposal ("Proposal"), in response
thereto, has been selected as the most qualified proposal for the provision of the Services. The
RFLI and the Proposal are sometimes referred to herein, collectively, as the Solicitation
Documents, and are by this reference incorporated into and made a part of this Agreement.
B. The Commission of the City of Miami, by Resolution No. 03-228, adopted on
February 27, 2003, approved the selection of Provider and authorized the City Manager to
negotiate an agreement with an initial period of one year with the option to extend the agreement
for an additional one-year period; and
C The Commission of the City of Miami, by Resolution No. , adopted
on , authorized the City Manager to execute this Agreement under the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
03- 51J
/C-D3ND3S3-��VG/
2. TERM: The term of this Agreement shall be for one (1) year, commencing on the
effective date hereof.
3. OPTION TO EXTEND: The City shall have one option to extend the term hereof
for a period of one (1) year, subject to availability and appropriation of funds. City Commission
approval shall not be required
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Attachment "A" heretowith by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that: (i) it possesses all qualifications,
licenses and expertise required under the Solicitation Documents for the performance of the
Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of
permit fees, occupational licenses, etc., nor in the performance of any obligations to the City;
(iii) all personnel assigned to perform the Services are and shall be, at all times during the term
hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services
will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on
the rates and schedules described in Attachment `B" hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation exceed $106,250.00 per year. The annual fee shall be inclusive of all fees and
costs payable by the City to Provider for Services.
B. Unless otherwise specifically provided in Attachment `B", payment shall be made
within forty-five (45) days after receipt of Provider's invoice, which shall be accompanied by
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sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion. During this Agreement and for at least ten (10) subsequent years, Provider shall
provide City access to all files and records maintained on City's behalf.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or Services required to be provided by Provider under this Agreement conform to the
terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make
available to the City all reasonable facilities and assistance to facilitate the performance of tests
or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of Section 18-100 of the Code of the City of Miami, Florida, as
same may be amended or supplemented, from time to time.
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8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and
ordinances as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the performance or non-performance of the Services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subcontractors (collectively referred to as "Provider"),
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regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the
paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with
the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless
the Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Provider, or any of its subcontractors, as provided above, for
which the Provider's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
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Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $50,000.00, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $50,000.00, or (ii) a period of
sixty (60) days has expired, after submitting to the City Manager a detailed statement of the
dispute, accompanied by all supporting documentation (ninety (90) days if City Manager's
decision is subject to City Commission approval); or (iii) City has waived compliance with the
procedure set forth in this section by written instruments, signed by the City Manager.
14. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Provider at least five (5) business days prior to the effective
date of such termination. In such event, the City shall pay to Provider compensation for Services
rendered prior to the effective date of termination. In no event shall the City be liable to
Provider for any additional compensation, other than that provided herein, or for any
consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in default under this Agreement.
15. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as stated in Attachment D, which is incorporated by reference and made a
part of this Agreement. All such insurance, including renewals, shall be subject to the approval
of the City for adequacy of protection and evidence of such coverage shall be furnished to the
City on Certificates of Insurance indicating such insurance to be in force and effect and
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providing that it will not be canceled during the performance of the Services under this contract
without thirty (30) calendar days prior written notice to the City. Completed Certificates of
Insurance shall be filed with the City prior to the performance of Services hereunder, provided,
however, that Provider shall at any time upon request file duplicate copies of the policies of such
insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Provider of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied Services,
or be subject to discrimination under any provision of this Agreement.
17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume of City
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of
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which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall
have the right to terminate and cancel this Agreement, without notice or penalty to the City, and
to eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false of misleading information as
to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
18. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in
the City's sole discretion.
19. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
If to Provider:
Gerard J. Fiacco
Brown and Brown, Inc.
220 South Ridgewood Avenue
Daytona Beach, FL 32114
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If to City:
Joe Arriola, City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
With conies to:
Alejandro Vilarello, City Attorney
City of Miami
444 S.W. 2nd Avenue, Suite 945
Miami, Florida 33130
Diane Ericson, Director of Risk Management
City of Miami
444 S.W. 2nd Avenue, Ninth Floor
Miami, Florida 33130
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20. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
22. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide Services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
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benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering Services to the City under this Agreement.
23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
24. REAFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents.
25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
n. PERSONNEL: Provider agrees to assign the personnel specified in Attachment C,
which is incorporated by reference and made a part to this Agreement, to perform the Services
listed in Attachment A of this Agreement. It is understood that the involvement of a consultant in
the City's risk management and insurance program in no way lessens or changes Provider's
duties and responsibilities.
INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST:
Print Name:
Title: Corporate Secretary
ATTEST:
Priscilla A. Thompson, City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
"Provider"
Brown and Brown, Inc,
a Florida corporation
By:
Print Name:
Title: President
"City"
CITY OF MIAMI, a municipal
corporation
Ma
Joe Arriola, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Alejandro Vilarello Diane Ericson
City Attorney Risk Management
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ATTACHMENT A — SCOPE OF SERVICES
I. PURPOSE
This is an Agreement for specified Services whereby the City retains Provider and
Provider accepts the City's retainer, to perform insurance brokerage services as more
fully set forth below.
II. PROVIDER'S DUTIES
Services would include, but not be limited to, the review, analysis, recommendation, and
placement of all insured and self-funded programs in the areas of property, casualty and
liability coverage, as well as processing policy change endorsements, policy review and
audits, and monitoring claims. Services would also be required to manage insurances
currently held by the City, and for insurances being sought by the City during the term of
the Agreement.
Attachment E, which is incorporated by reference and made a part hereof, depicts the
insurance coverages to be handled within the Agreement for insurance brokerage
services. In addition to the insurance coverages specified in Attachment E, Provider shall
provide to the City the following Services:
1. Act as City's insurance broker regarding the negotiation of coverage terms and
premiums, and the placement of coverage with insurers.
2. Review the insurance policies for compliance with the insurers' proposals and City's
specifications and obtain revisions when needed in a timely manner.
3. Check the accuracy of each binder, certificate, endorsement, premium audit or
adjustment or other document received from City's insurers and obtain revisions
when needed in a timely manner.
4. Promptly submit originals of the insurance policies and endorsements to City.
5. Prepare certificates of insurance as requested by City.
6. Prepare a schedule of City's insurance policies including the name of the insurer,
policy number, term, limits, summary of coverages provided, deductibles/retentions
and the estimated annual premium.
7. Keep City informed of changing conditions in the insurance marketplace.
8. Monitor the financial strength of the insurers providing City's coverages and inform
City of adverse developments. Provider to provide City with information available
from authorities evaluating or monitoring insurance companies.
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9. Develop and execute an insurance coverage marketing strategy. However, Provider
will not approach any insurance company on behalf of the City without the express
written consent of the City.
10. Assist City in developing and maintaining the underwriting information necessary to
market the insurance coverages.
11. Provide loss control assistance, including risk evaluation by Provider's loss control
specialists for no less than 4 hours each month.
12. Monitor the loss control assistance provided by City's insurers, evaluate the
recommendations submitted by the insurers and negotiate amendments, if
appropriate.
13. Provide detailed loss data both directly from the insurer and from Provider's own
database on a monthly basis with an annual recap of all losses.
14. Analyze City's loss data to determine trends in causes, types of injuries and sites of
incidents. A report, including graphics, is to be provided on a quarterly basis.
15. Provide reserves estimates and basis of their computation in a form which is
satisfactory to City's auditors for year end audit purposes for workers' compensation
and general liability where the City is self-insured.
16. Monitor the claims services provided by City's insurers and assist City in adjusting
and settling claims including the preparation of proofs of loss on a timely basis.
17. Develop and monitor procedures to assist City in submitting timely reports of values.
18. Attend meetings with City's personnel as may reasonably be requested by City.
19. Review contracts as requested by City, comment on the insurance hold/harmless
indemnification, subrogation and other risk transfer provisions therein, and obtain
revisions to City's insurance policies as required.
20. Furnish continuing advice and counsel to City as appropriate, including but not
limited to, alternate methods for meeting the City's requirements for its insurance
programs.
21. Provide any other Services as normally and customarily required of an insurance
broker for a public entity.
III. REPORT
No later than ninety days prior to the expiration of the term of this Agreement, Provider
shall submit a written report to City detailing Provider's activities conducted for the City
during the current term. The report shall include a statement of the approximate time
spent by each brokerage employee on City's account during the current term, a discussion
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of any known problems and recommendations for solutions to those problems. The
report shall also include a proposal for services for a subsequent term, an insurance
coverage marketing strategy and a listing of objectives to be accomplished. If however,
this Agreement is not renewed, Provider shall provide City with a summary of
outstanding items, including endorsements not yet received by Provider which have been
ordered from the insurance company and Provider shall submit all original policies and
any additional documentation necessary for the City to transfer the City `s insurance
programs to another insurance broker.
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ATTACHMENT B — COMPENSATION
As full compensation to Provider for the Services rendered hereunder, City shall pay
Provider an annual fee of $106,250, of which one-fourth, $26,563, shall be remitted to
Provider on a quarterly basis. In the event that the City exercises its option to extend this
Agreement as provided in Section 3 of this Agreement, the annual fee for the optional
year(s) shall be $106,250.
It is the intent of both parties to this Agreement that the annual fee is the sole
remuneration to the Provider relating to the Services described in Attachment A.
Provider is to disclose any remuneration received from insurers, wholesalers,
intermediaries, affiliated companies and subsidiary companies regarding the insurance
coverages specified in Attachment E, or any additional coverage subsequently bound on
behalf of the City by Provider during the terms and extended term of this Agreement, and
all such remuneration will be credited against the annual fee.
Charges for any additional Services not covered in this Agreement will be negotiated in
advance and may require approval by the City Manager and/or City Commission.
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ATTACHMENT C - PROVIDER'SPERSONNEL
Provider shall assign the following personnel to provide Services specified in this Agreement:
NAME
Gerard J. Fiacco
Elinn Peacock, CPIW
Pam Thompson, CIC
Michelle Martin, CIC, CPCU
Denise Gordon, AIC, ACSR
Julie Haufler, CIC, AAI, CPIW
Theresa Schwab, CPCU
James Parker
TITLE
Vice President
Account Executive
Vice President
Account Manager
Claims Manager
Marketing Manager
Marketing Manager
Loss Analyst
Upon approval by the City, Provider may assign or change such other personnel as Provider
deems necessary to provide the Services to the City. In such event, Provider shall replace the
personnel listed above, with qualified and experienced personnel.
Provider's notification that it is assigning additional or changing personnel shall be by a letter
sent to the City Manager, who shall, by letter, notify Provider of his/her acceptance or rejection
of the the personnel assigned by Provider to provide Services. Such decision by the City
Manager shall not require additional City Commission approval.
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ATTACHMENT D — PROVIDER'S INSURANCE
Provider agrees to maintain in full force and effect the following policies of insurance
during the term of this Agreement:
TYPE
Workers Compensation
Employers Liability
Commercial General Liability
Business Auto Liability
Umbrella Liability
Errors & Omissions
LIMITS OF LIABILITY
Statutory
$1,000,000
Each Ace., Bodily Injury
$1,000,000
Each Employee, Disease
$1,000,000
Policy Limit, Disease
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$1,000,000 Each Accident
$10,000,000 Each Occurrence
$10,000,000 Aggregate
$ 10,000,000 Each Occurrence
$10,000,000 Aggregate
Provider shall submit a certificate or certificates evidencing the coverages in a form
satisfactory to City. Said certificates(s) shall provide for thirty (30) days notice to City
prior to cancellation, non -renewal or material change of any insurance required by this
Agreement.
Receipt of deficient certificates by City, or by any of City's representatives, does not
constitute a waiver of Provider's obligation to fulfill the insurance requirements herein.
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ATTACHMENT E - INSURANCE COVERAGES SUBJECT TO THE AGREEMENT
EXPIRES
COVERAGE
COMPANY & POLICY NO.
5/1/03
Master
Primary Laver $15,000,000
Property
Lexington Insurance Co.
Program
Policy No.: 8751033
$10,000,000 (66.67%)
Pacific Insurance Co.
TIV
Policy No.: ZG0022102
$232,048,333
$5,000,000 (33.33%)
$10,000,000 X $15,000,000
Wind
Commonwealth Insurance Co.
$223,405,203
Policy No.: CLP -10993
$4,000,000 (40%)
Flood
Gen Star Indemnity
$108,640,511
Policy No.: IPG382871
$2,500,000 (25%)
Loss Limit
Essex Insurance Company
$200,000,000
Policy No.: MSP8094
$2,500,000 (25%)
Royal Surplus Lines
Policy No.: K2HD318541
$1,000,000 (10%)
$25,000,000 X $25,000.000
Nutmeg Insurance Company
Policy No.: SX 00 00036
$10,000,000 (40%)
Commonwealth Insurance Co.
Policy No.: CLP -10993
$6,000,000 (24%)
Caliber One
Policy No.: ZSI 001856 01
$5,000,000 (20%)
Essex Insurance Company
Policy No.: MSAP6246
$2,750,000 (11%)
Lloyds Underwriters
Policy No.: WB0201002
$1,250,000 (5%)
$50,000,000 X $50,000,000
Travelers Exc. & Surplus Lines
Policy No.:
KTXQCMB297TO54702
$20,000,000 (40%)
ACE
Policy No,: WXA691662
$17,500,000 (35%)
Royal Surplus Lines
Policy No.: K2HD318540
$10,000,000 (20%)
Lloyds Underwriters
Policy No.: WB0201003
$2,500,000 (5%)
$100,000,000 X $100,000,000
Lloyds Underwriters
Policy No.: WB0200993
$100,000,000 100%
ATTACHMENT E (continued)
cm:PSA Brown Brown Insurance 4-29-03 18 03— 515
EXPIRES
COVERAGE
COMPANY & POLICY NO.
5/1/03
Master
Property
Program
(continued)
TIV
$232,048,333
Wind
$223,405,203
Flood
$108,640,511
Loss Limit
$200,000,000
Coverage: All Real and Personal
Property, Including Improvements
and Betterments owned, operated or
controlled by the Insured or for
which the Insured is legally liable,
unless otherwise excluded.
Scheduled locations that qualify for
the Windstorm Pool valued less than
$1,000,000 are excluded for Wind &
Hail.
Perils: "All Risk" of Physical
Damage, including Flood and
Earthquake, to all Real and
Personal Property, Extra Expense,
Valuable Papers, Demo. and ICC
Sublimits:
Earthmovement
$25,000,000 Annual Aggregate
Flood -Excluding all properties
$25,000,000 Annual Aggregate
located on the 100 years Flood Plan
(Zones A, AE, V)
Newly Acquired Locations
$5,000,000
Transit
$500,000
Hazardous Substance Cleanup and
$1,000,000 Annual Aggregate
Removal
Expediting Expense
$5,000,000
Valuable Papers
$5,000,000
Off Premises -Service Interruption
$5,000,000
(Utilities)
Misc. Unnamed Locations
$5,000,000
Extra Expense
$10,000,000
Business Interruption
$25,000,000
Catastrophe Extra Expense
$250,000
Loss Adjustment Expense
$1,000,000
Contingent/Contributing Element
$5,000,000
Leasehold Interest
$5,000,000
Trees & Landscape
$2,500,000
Accounts Receivable
$5,000,000
Deductibles:
All Perils
$100,000 per occ.
Except: Flood & Earthquake
Wind & Hail
$250,000 per occ.
5% per location subject to min. of
$1,000,000 per occ. if eligible to
FWUA or $100,000 if not eligible to
FWUA
Service Interru tion
The reater of 24 hrs. or $100,000
ATTACHMENT E (continued)
cm:PSA Brown Brown Insurance 4-29-03 19
�- 515
ORANGE BOWL STADIUM
EXPIRES
COVERAGE
COMPANY & POLICY NO.
5/1/03
Property/
Zurich American Insurance Co.
Equipment
Policy No.: ERP111537 06
Breakdown
Coverage
All Risk, RC, Agreed Amount
Real Property
$156,432,938
Personal Property
787,500
Business Interruption/Extra Exp.
2,818,846
Sub -Limits
Named Windstorm
$25,000,000
Flood
5,000,000 Agg.
Earthmovement
25,000,000 Agg.
Demolition & ICC
5,000,000
Boiler & Machinery
50,000,000
Deductibles
All Perils
$100,000 per occ.
Except:
Wind & Hail (Named Storms Only)
5% of Insured Values
Flood
500,000 per occ.
Earthquake
100,000 per occ.
Boiler & Machinery
100,000 per occ.
Utility Interruption
24 hours
5/1/03
Excess
$25,000,000 X $25,000,000
Windstorm
Westchester Surplus Lines
& Hail
(ACE USA Group)
Policy No.: WXA691725
$12,500,000 (50%)
Commonwealth
Policy No.: CLP11007
$7,500,000 (30%)
Essex Insurance Company
(Markel North American Ins. Group)
Policy No.: MSP8152
$5,000,000 (20%)
$25,000,000 X $50,000,000
USF&G Specialty Insurance Co.
(St. Paul Companies)
Policy No.: 144FG0165
$25,000,000 100%
cm:PSA Brown Brown Insurance 4-29-03 20 03-
5 1 5)
ATTACHMENT E (continued)
UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CTR.
EXPIRES COVERAGE
COMPANY & POLICY NO.
5/1/03 Property
Primary Laver $5,000.00
Lexington Insurance Co.
Policy No.: 8751032
$5,000,000 (100%)
$5,000,000 X $5,000,000
US Fire Insurance Co.
Policy No.: 245-002871-7
$5,000,000 (100%)
TIV
$10,000,000 X $10,000,000
$89,804,263
Glencoe Insurance Ltd
Policy No.: AR -10298-00
$10,000,000 (100°%)
$5,000,000 X $20,000,000
Loss Limit
Commonwealth Insurance Co.
$80,000,000
Policy No.: CLP10992
$5,000,000 (100%)
$55,000,000 X $25,000,000
Allianz
Policy No.: CLP3001838
$55,000,000 (100%)
Coverage
All Risk, RC, Agreed Amount, Real
& Personal Prop. inc. I&B, BI,
Rental Income & Extra Expense
Perils
"All Risk" of Physical Damage,
Incl. Earthquake, Earth Movement
and Sink Hole
Sublimits
Earthmovement
Business Interruption
Contingent/Contributing Time Elem.
Newly Acquired/Unscheduled Locs.
Haz. Substance Cleanup & Removal
Expediting Expense
Off Premises Service Interruption
Accounts Receivable
Valuable Papers
Extra Expense
Transit
Leasehold Interest
Loss Adjustment Expenses
Trees & Landscape
Deductibles
All Perils
Except: Earth Movement
Windstorm & Hail
Service Interruption
$25,000,000 annual aggregate
$10,000,000
$ 5,000,000
$ 5,000,000
$ 1,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$10,000,000
$ 500,000
$ 5,000,000
$ 1,000,000
$ 2,500,000
$100,000 per occ.
$250,000
5% of TIV subject to
$1,000,000 min. per occ.
Greater of 24 hrs. or $100
cm:PSA Brown Brown Insurance 4-29-03 21 03-
ATTACHMENT E (continued)
UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CTR.
EXPIRES
COVERAGE
COMPANY & POLICY NO.
5/1/03
Equipment
Hartford Steam Boiler Group
Breakdown
(American International Group)
Best's Rating: A+ IX
Policy No.: FBP2214150
Sublimits
Equipment Breakdown Limit
$50,000,000
Property Damage
Included
Business Income
Included
Extra Expense
Included
Service Interruption
$ 5,000,000
Perishable Goods
$ 100,000
Computer Equipment
$ 250,000
Demolition & ICC
$1,000,000
Expediting Expense
$ 100,000
Hazardous Substances
$ 100,000
CFC Refrigerants
$ 100,000
Deductibles
Direct Coverages
$ 5,000
Except Air Conditioning over 500HP
$10,000
Indirect Coverages
24 Hours
cm:PSA Brown Brown Insurance 4-29-03 22
ATTACHMENT E (continued)
EXPIRES
COVERAGE
COMPANY & POLICY NO.
5/01/03
Electronic
Travelers Casualty & Surety
Data
Best's Rating: A++ XV
Processing
Policy No.: QT660451 R5514TIL02
Coverage
All Risk of Physical Damage to
covered Property at locations per
schedule on file with the Company
excluding Flood and Quake
Hardware (Blanket)
$27,974,614
Software/Media(Blanket)
$1,548,430
Deductibles
All Perils
$5,000
Windstorm/Hail/per occ/per location
1 % of covered values
cm:PSA Brown Brown Insurance 4-29-03 23 03-
515
ATTACHMENT E (continued)
EXPIRES
COVERAGE
COMPANY & POLICY NO.
5129/03
Windstorm
Florida Windstorm Underwriting
Association
Policy No.; 557022
Location and Covera a
1) 6447 NE 7d' Ave., Miami, FL
Limit or Amount
Limit (Building/Contents)
$828,0001$10,000
Deductible (Building/Contents
$24,8401$1,000
2)101 NW 34th St., Miami, FL
Limit (Building/Contents)
$627,000/$79,000
Deductible (Building/Contents
$18,810/$2,370
3) 236 Grand Ave., Miami, FL
Limit (Building)
$313,000
Deductible
$9,390
4) 27 NE 58th St., Miami, FL
Limit (Building/Contents)
$194,0001$42,000
Deductible(Bu ilding/Con tents
$5,820/$1,260
5)1701 NW 15' Ave., Miami, FL
Limit (Building/Contents)
$209,000/$21,000
Deductible Building/Con tents
6,270/$1,000
6) 2845 Brickell Ave., Miami, FL
Limit(Building/Contents)
$209,0001$21,000
Deductible(Bu ilding/Con tents
6,2701$1,000
7) 2132 NW 31d Ave., Miami, FL
Limit (Contents)
$26,000
Deductible
$1,000
8) 6015 NE 4th Ct., Miami, FL
Limit(Building/Contents)
$157,0001$21,000
Deductible(Bu ilding/Con tents
$4,710/$1,000
9) 6599 Biscayne Blvd., Miami, FL
Limit (Building/Contents)
$138,000/$26,000
Deductible (Building/Contents
$4,140/$1,000
cm:PSA Brown Brown Insurance 4-29-03 24
03- 515
ATTACHMENT E (continued)
EXPIRES
COVERAGE
Flood
(Federal
Program)
LocationlCo.lPolicy No.
Limit/Deductible
9/8/03
1) James L. Knight Center
400 SE 2nd Ave., Miami, FL 33131
Building $500,000
Insurance Corporation of New York
Contents $500,000
Polis No.: 99014967022002
Deductible $5,000
11/22/02
2) Dept. of Parks
2600 S. Bayshore Dr., Miami, FL
Building $500,000
Omaha Property & Casualty
Contents $100,000
Polis No.: 3-5086-9484-5
Deductible $5,000
11122/02
3) Hangar D
3371 Pan American Dr., Miami, FL
Building $220,000
Omaha Property & Casualty
Contents $84,900
Polis No.: 3-5086-9487-8
Deductible $5,000
11/22/02
4) Hangar C
3375 Pan American Dr., Miami, FL
Building $220,000
Omaha Property & Casualty
Contents $84,900
Polis No.: 3-5086-9486-0
Deductible $5,000
11/22/02
5) Hangar A
3381 Pan American Dr., Miami, FL
Building $500,000
Omaha Property & Casualty
Contents $500,000
Polis No.: 3-5086-9483-7
Deductible $5,000
11/22/02
6) Hangar B
3385 Pan American Dr., Miami, FL
Building $500,000
Omaha Property & Casualty
Contents $500,000
Polis No.: 3-5086-9485-2
Deductible $5,000
11/22/02
7) Coconut Grove Exhibition Center
3358-60 Pan American Dr., Miami
Building $500,000
Omaha Property & Casualty
Contents $500,000
Polis No.: 3009717319
Deductible $5,000
11/22/02
8) Manuel Artime Theatre
900 SW 1St St., Miami, FL
Building $500,000
Omaha Property & Casualty
Contents $247,000
Polis No.: 3-5086-9481-1
Deductible $5,000
5/23/03
9) Allapattah Activity Center
2257 NW No. River Dr., Miami, FL
Building $500,000
Omaha Property & Casualty
Contents $40,000
Polis No.: 3009881628
Deductible $5,000
11/22/02
10) Manuel Artime Community Ctr.
970 SW 1St St., Miami, FL
Omaha Property & Casualty
Building $242,000
Polis No.: 3-5086-9482-9
Deductible $5,000
11/22/02
11) MRC
444 S.W. 2nd Ave., Miami, FL
Building $500,000
Omaha Property & Casualty
Contents $500,000
Polis No.: 3009717293
Deductible $5,000
cm:PSA Brown Brown Insurance 4-29-03 25
03-- 515
ATTACHMENT E (continued)
UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CTR.
EXPIRES
COVERAGE
COMPANY & POLICY NO.
10/9/02
Commercial
Admiral Insurance Company
General Liability
(W.R. Berkley Group)
(Primary Layer)
Best's Rating: A+ IX
Policy No.: A01AG07476
Limits:
General Aggregate $2,000,000
Product Aggregate $1,000,000
Each Occurrence $1,000,000
Damage to Rented Premises $50,000
Medical Expenses Excluded
Deductible: $5,000 per occurrence
10/8/02
First Excess
Evanston Insurance Company
Liability
(Markel North American Ins. Group)
(Second Layer)
Best's Rating: A X
Policy No.: XO -NJ -1176-00
Limits:
Each Occurrence $10,000,000
General Aggregate $10,000,000
Products/Comp. Op. Agg. $10,000,000
Excess of
Each Occurrence $1,000,000
Aggregate $2,000,000
Products/Comp. Op. Agg, $1,000,000
1019/02
Second Excess
Westchester Surplus Lines Ins. Co.
Liability
(ACE INA Group)
(Third Layer)
Best's Rating: A IX
Policy No.: MLA3541050
Limits:
Each Occurrence $9,000,000
General Aggregate $9,000,000
Products/Comp. Op. Agg. $9,000,000
Each Occurrence $11,000,000
Aggregate $11,000,000
Products/Comp. Op. Agg. $11,000,000
cm:PSA Brown Brown Insurance 4-29-03 26 03— 5 15
ATTACHMENT E (continued)
UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CTR.
EXPIRES
COVERAGE
COMPANY & POLICY NO.
4123
Fidelity
Fidelity & Deposit Co. of Maryland
Continuous
Coverage
(Zurich Financial Services Group)
Best's Rating: A+ XV
Policy No.: CCP9746821-07
Coverage:
Insuring Agreement I
Employee Dishonesty $100,000
Deductible $2,500
cm:PSA Brown Brown Insurance 4-29-03 27
03- 515
ATTACHMENT E (continued)
EXPIRES
COVERAGE
COMPANY & POLICY NO.
1011/03
Aviation
XL Specialty Insurance Company
Helipad
(XL Capital Group)
Liability
Best's Rating: A+ XV
Polis No.: NAL3006884
10/1103
Excess Casualty
North River Insurance Company
(Crum & Forster Insurance Group)
Auto, G/L, W/C,
(Fairfax Financial Group)
Police Officers
Best's Rating: A- X
E&0, Public
Policy No.: 544-000062-6
Officials Liability
Limit — Per Occurrence $5,000,000
SIR $350,000
10/1
Money &
Fidelity & Deposit Co. of Maryland
Continous
Securities
(Zurich Financial Services Group)
Best's Rating: A+ XV
Polis No.: CCP0038802
cm:PSA Brown Brown Insurance 4-29-03 28
03- 515
ATTACHMENT E (continued)
EXPIRES
COVERAGE
COMPANY & POLICY NO.
10/1/02
Marina
Commercial Union Insurance Co.
Operators Legal
Liability
Policy No.: CZJH2O717
Coverages:
Marina Operators Legal Liability
Commercial General Liability
Owned Watercraft "Miss Miami"
Protection & Indemnity
10/1/02
Special Events
St. Paul Surplus Lines Ins. Co.
Liability
(St. Paul Companies)
Best's Rating: A XV
Policy No.: SF05508322
Limits:
Each Occurrence $1,000,000
Aggregate $1,000,000
cm:PSA Brown Brown Insurance 4-29-03 29 03-
5
ATTACHMENT E (continued)
CITY OF MIAMI
DEPARTMENT OF PARKS & RECREATION PROGRAMS
EXPIRES
COVERAGE
COMPANY & POLICY NO.
8112
Fidelity
Fidelity & Deposit Co. of Maryland
Continous
Coverage
(Zurich Financial Services Group)
Best's Rating: A+ XV
Policy No.: CCP0048981
Coverage:
Public EE Dishonesty $100,000
Deductible $1,000
cm:PSA Brown Brown Insurance 4-29-03 30
03- 515
ATTACHMENT E (continued)
CITY OF MIAMI
CITY OF MIAMI ELECTED OFFICERS RETIREMENT TRUST
EXPIRES
COVERAGE
COMPANY & POLICY NO.
6127
Fidelity
Travelers Property & Casualty
Continous
Coverage
Best's Rating: A++ XV
Policy No.: 103306572BCM
Coverage:
Employee Dishonesty $100,000
Forgery $100,000
Deductible NIL
cm:PSA Brown Brown Insurance 4-29-03 31 03- 515
ATTACHMENT E (continued)
CITY OF MIAMI
BAYFRONT PARK MANAGEMENT TRUST
EXPIRES
COVERAGE
COMPANY & POLICY NO.
8/31/03
Directors &
Federal Insurance Company
Officers Liability
(Chubb Group of Insurance Cos.)
Best's Rating: A++ XV
Policy No.: 8162-21-30 EZG
Limits
Each Loss $1,000,000
Aggregate $1,000,000
Retention
Each Loss $2,500
3/13/02
Business
Progressive Insurance Company
Auto
Policy No.: Ca 04623542-0
Auto Liability $100,000/300,000 BI
$50,000 PD
PIP Statutory
Uninsured Motorists
Each Person $10,000
Each Accident $20,000
Medical Payments $500 Ea. Acc.
Comp. & Coll. Ded. $500
cm:PSA Brown Brown Insurance 4-29-03 32 03— 5{5
CITY OF MIAMI, FLORIDA A=15
INTER -OFFICE MEMORANDUM
TO: Honorable May MAY 13 2003
_ DATE: FILE
mbers of a City Commissio
SUaJECT : A resolution authorizing the
City Manager to execute
a Professional Services
FROM: � C� REFERENCES: Agreement with
Joel Arcola Brown & Brown, Inc.
Chef Administrator/City Manager ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached resolution,
pursuant to Resolution No. 03-228, authorizing the City Manager to execute a
professional services agreement, in substantially the attached form, with Brown &
Brown, Inc., the top ranked firm, for one (1) year with the option to extend for another
one-year in an amount not to exceed $110,000, with funding provided from Account
Code 515001.624401.6.650.
BACKGROUND
The City of Miami issued RFLI #02-03-032 for Insurance Brokerage Services to secure a
broker to assist in the management of the City's various insurance and self-funded
programs. The City Commission accepted the recommendation of the City Manager
approving the findings of the Evaluation Committee and authorized the City Manager to
negotiate a professional services agreement with Brown and Brown, the top-ranked firm.
The Department of Risk Management has negotiated this agreement and the City
Manager will present the negotiated agreement to the City Commission for review and
consideration.
J H/DE/db
03- 515
Budgetary Impact Analysis
Department Risk Management Division
Commission Meeting Date: May 22, 2003
Title and brief description of legislation or attached ordinance/resolution:
Brown and Brown. Inc.
1. Is this item related to revenue? NO xK1 Yes ❑ (If yes, skip to item #4)
2. Are there sufficient funds in Line Item?
CIP Project #:
Yes: x Index Code: 624401
(If applicable) (da&4aly 7�mfs)
Minor: 650 Amount: $106.250
No: Complete the following information:
3. Source of funds: Amount budgeted in the line item:
Balance in line item:
Amount needed in line item:
Sufficient funds will be transferred from the following line items:
$ 5,850,417
$ 7,044,814 (credit $2,100,457)
$ 106,250
ACTION ACCOUNT NUMBER
TOTAL
Project No./Index/Minor Object
From
$
From
$
To
1 $
To
I $
4. Comments:
Approved by:
Department Director/Designee Date
APPROVALS
Verifie
et. of gic g, Budgeting&
Performan
Date:
Verified by CIP: (If applicable)
Director/Designee
Date:
03— 515