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HomeMy WebLinkAboutM-96-0132s CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To: Honorable Mayor & Members DATE: of the City Commission SUBJECT FROM REFERENCES: Cesa o City ger ENCLOSURES: In! RECOMMENDATION �.� 6. _1� 419:_Iil FILE Resolution of Protest, Insurance Broker Services It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject the protest of Beltran, Alexander & Alexander, in connection with RFP 93-94-166 for insurance broker services. BACKGROUND On July 1, 1994, the City of .Miami solicited proposals through Request for Proposals (RFP) 93-94-166, to provide insurance broker services. By letter on March 30, 1995, Beltran, Alexander & Alexander protested the City Is determination to recommend that a contract be awarded to the higher ranked proposal from Arthur J. Gallagher. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer met with City staff, duly investigated the matter, and determined that the protest lacked merit, as detailed in the attached letter. It is, therefore, recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject the protest of Beltran, Alexander & Alexander Enc. 132) 1 fir- N DATE 10/03/95 AGENT# 087385563 TYCL LIC STATUS 0216 Q LICENSED 0218 Q LICENSED 0240 Q LICENSED AGENT LICENSE DISPLAY FRASER JELIX LUCIUS PAGE 2 DOB 10/23/35 RE STAT DT QT YR RCPT/APP #ACT TEMP LLLDTE SCH FILE 041985 D 87 0000000001 003 00 110288 I 88 0000000001 003 00 110288 D 88 L000517314 001 00 09701 N Walter Foeman City Clerk ,jG-- 132 con tyE �� • THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE BILL NELSON October 24, 1995 Lucia A. Dougherty Greenberg Traurig 1221 Brickell Ave Miami, FL 33131 Re: Ruby Fraser Robin Fraser Dear Ms. Dougherty: Thank you for your request concerning obtaining a Status Print Out for the above - referenced people. A Status Print Out cannot be issued as our records reflect no record of Ruby or Robin Fraser as being licensed or appointed with this Department. A license will remain in effect for 24 months after the last appointment is cancelled. If it has been 3 years since either subject was appointed, records have been purged. There is nothing of a derogatory nature against either person's record. JD:kap If we may be of further assistance, please let us know. Sincerely, John Derby Administrator -License Control Bureau of Agent and Agency Licensing t Gn VIValler eerr� r� City Clerk TREASURER • INSURANCE COMMISSIONER • FIRE MARSHAL SHIRLEY KERNS • CHIEF • •BUREAU OF AGENT & AGENCY LICENSING 200 EAST GAINES STREET • TALLAHASSEE, FLORIDA 32399-0319 • (904) 922-3137 Exr. 5405 Affirmative Action / Equal Opportunity Employer 9 6 — 132 �'it+L srti�o IW ot OFFICE OF THE TREASURER BILL NELSON DEPARTMENT OF INSURANCE TREASURER INSURANCE COMMISSIONER The Capitol, Tallahassee, Florida 32399-0300 FIRE MARSHAL LETTER OF CERTIFICATION 10/04/95 STATE OF FLORIDA DEPARTMENT OF INSURANCE AND TREASURER BUREAU OF AGENT AND AGENCY LICENSING TALLAHASSEE, FL. 32399-0300 RE: SS# 087-38-5563 FRASER,FELIX LUCIUS 14235 SW 96TH TER' VCR23 MIAMI FL 33186-1181 THE ABOVE —NAMED HAS QUALIFIED FOR THE FOLLOWING LINES OF INSURANCE: 1. LINE: LIFE LICDATE: 04/19/85; METHOD: WRITTEN EXAMINATION. 2. LINE: LIFE AND HEALTH LIC DATE: 11/02/88; METHOD: WRITTEN EXAMINATION. 3. LINE: HEALTH LIC•DATE: 11/02/88; METHOD: WRITTEN EXAMINATION. NO EXAMINATION IS REQUIRED FOR AN INDIVIDUAL WITH A CLU DESIGNATION. OUR FILES DO NOT REFLECT ANY INFORMATION THAT WOULD PRECLUDE ISSUANCE OF AN APPOINTMENT FOR THIS INDIVIDUAL. THE ABOVE —NAMED INDIVIDUAL IS CURRENTLY APPOINTED FOR THE FOLLOWING LINES OF INSURANCE: 1. LINE• LIFE 2. LINE: LIFE AND HEALTH 3. LINE: HEALTH IN TESTIMONY WHEREOF, I; BILL NELSON, TREASURER AND INSURANCE COMMISSIONER, HERETO SET MY HAND AT TALLAHASSEE, FLORIDA THIS 4TH DAY OF OCTOBER, 1995. BILL NELSON TREASURER AND INSURANCE COMMISSIONER Affirmative Action/Equal Opportunity Employer v 6 - 132 N. 6A THE MIAMI HERALD, WEDNESDAY. SEPTEMBER 1. 1993 F Taxpayers, too, pick up bigger tab Governments paying more to insure public sites By DAVID SATTERFIELD Senior Business Writer Higher prices for commercial —insurance are hitting everyone, including -local taxpayers. If you live in Dade or Broward counties, you're pick- ing up Hurricane Andrew's tab for sharply rising costs to insure public property. Here are a couple examples: Broward County insures about S1.2 billion in public property, from airport light Poles to administration build- ings. Before Andrew, the county paid its insurer about $800,000 a year to insure against all risks, from fires to hurricanes. The deductible was S 10,000, with a special $50,000 deduct- ible for the wide-open airport area. Then came Andrew. Broward renewed its insur- ance contract in June, using 13 different insurers. Premiums now total about S3.1 million. But the coverage has been scaled back dramatically. The $1.2 billion in property is still insured. But hurricane and flood cov- erage is capped at S 100 million. And that includes a 2 percent deductible, with a minimum of $2 million and a maximum of `No one is pleased with the increase in prices. But I don't think we're getting gouged.' JAY 0. LOTT Broward director of risk management $10 million per event. So if a hurricane hit this year and caused $100 million in damage, the county would pay a $10 million deductible and receive S90 million from its insurance. Any damage beyond that would be paid by taxpay- ers. "No one is pleased with the increase in prices," said Jay O. Lott, director of risk manage- ment for Broward Courtty. "But I don't think we're getting gouged." Prices rose even higher at Dade County Public Schools. Before Andrew, the school system had $150 million in coverage. The premium was $770,000 a ,ear, and the hurri- cane deductible was S I million. Dade Schools collected about Alexander FAX TRANSMITTAL N0 0P""' $p1exande`AA 0 d,5v (a� To: s COMEPT: -1 C tY i FAX: FROM: COMEPT � A - $150 million from its insurers after the storm — about 200 times the annual premium. So Susan Weiner, assistant superintendent in charge of risk management, had no doubt rates would rise. She said the school system is fortunate to even find coverage. The new package. which raises the coverage to $200 mil- lion, is provided by 17 different insurers. The annual premium: $7.5 million, or nearly 10 times the old premium. The hurricane deductible is similar to Broward's -- 2 per- cent of property value with a cap of $10 million. Arthur Gallagher & Co.. an insurance broker, put together the package for Dade Schools. Gary Van der Voort, presi- dent of Arthur Galla$her's Miami office, said the insur- ance market after Andrew sim- ply has a difficult time absorb- ing big risks offered by munici- palities and major corpora- tions. Because insurers can't get the reinsurance that pro. vides back-up coverage, they have to scale back or boost rates. "Markets just don't the capacity to absorb that risk." ,he said. "Reluctantly, some companies are helping out.". PHONE: a !`-� c�L� T!7 FAX: 9 G. -:,. 13 2 § 2.285 MIAMI CODE Following such referral by the affirmative action bers of such "person": spouse, son, dai office, the board may appoint a committee or a parent, brother or sister. single hearing officer to hear these complaints and (c} The prohibition upon activity w to report findings and make recommendations to set forth in subsections (a) and (b) the full board. (Ord. No. 87?5, § 1(2), 11-IU-77; Ord. section shall remain in effect for a pe�, ' No. t113t), ti lC?). 7-'?•1-80; Ord. No. 9348, § 2, 11-12.81) two (2) years after the officer, offic Secs. 2-286-2-300. Reserved. employee has left city service or term city employment. (Code 1967, § 2-102; 0 9015, § 1, 11.8.79; Ord. No. 10823, § 2, 1. ARTICLE V. CONFLICTS OF Sec. 2.303. Accepting gifts, etc., from INTEREST• contracting, etc., with city, Sec. 2-301. Applicability of article. Every officer, official or employee' city, including every member of any, This article shall be applicable to and commission or agency of the city, is e: binding upon every officer, official and prohibited from accepting, directly; employee of the city, including every member directly, from any person, company,; of any board, commission or agency- of the corporation to which any purchase o ' city. (Code 1967, § 2-101) contract is or might be awarded, any gift, money or anything of value what Sec. 2 302. Transacting business with city; except where given for the use and bet appearances before city boards the city. (Code 1967, § 2-103) etc. (a) No person included in section 2.301 shall Sec. 2-304. Waiver of requirem enter into any contract or transact any business article. with the city or any person or agency acting for (a) The requirements of this article may the city, or shall appear in representation of any for a particular transaction or transact third party before any board, commission or by an affirmative vote of four -fifths (4 agency of which such person is a member, and members of the city commission after pu any such contract, agreement or appearance en- ing Such waiver may be effected only E tered in violation of this section shall render the ings by four -fifths (4/5) of the membersi transaction voidable. commission, as follows: (b) The word "person" appearing in subsec- (1) An open -to -all sealed competitive tion (a) of this section shall include officers, been submitted by a city peso officials and employees as set forth in section firth in section 2-301 hereof; or 2-301 hereof and the following family mem- (2) The bid has been submitted byJ or firm offering services within >,, 'City charter reference —City officer& and employees prohibited from having interest in profits, etc., of contracts, jobs, etc., performed for the city, 14(c). City code cross referencea—Bondsmen influencing city officers and employees, § 9-5; conflicts of interest in regard to members, employees, etc., of downtown development board, § 14-36; candidates soliciting or accepting gifts, etc., presenting potential conflicts of interest, 1 16-16.1. Law review reference —Note as to conflicts of interest of municipal officers, 20 Miami L. Rev. 472, Supp. No. 39 262 6 - 1 3 2' ADMINISTRATION § 2.305 architecture, landscape archi- Executive director of downtown development ,of fessional engineering or regdstered defined by the laws of the authority; Director of off-street parking department; Ong, as mrsuant to provisions of the Con- Executive secretary of civil service board; ompetitive Negotiation Act as are Fire chief; ;e. and as may be hereinafter en- Chief of police; the bid has been submitted Downtown development authority; when erson as set forth in section 2-301 Off-street parking board; ti.I , Directors of all departments; jy or services to be involved in the shall, within thirty (30) days from the effective 'ansaction are unique and the city date'bf sections 2-305 through 2-307 [June 1, 19671, 61 itself of such property or' ser- submit to the city clerk a complete itemized list of ut entering into a transaction which all real property owned by him, whether the title ate this section but for waiver of be either legal or equitable, whether owned in ments; and whole or in part, including corporate real prop- erty'in which he has a controlling interest or is (d transaction will be to the best an officer of such corporation, and shall include the city. the -following information as to each parcel of ings shall be spread on the minutes land: non. This section shall be applica (1) 'The legal description and common address; gwtive transactions, and the com- a no case ratify a transaction en- (2) The municipal or county zoning classification on of this section. wherein the property is located; tion shall be taken to be cumulative (3) The manner in which the property is pres- be construed to amend or repeal any ently being utilized. or ordinance pertaining to the same The itemized list shall be verified under oath. r (Code 1967, § 2 104) provided, that only those real properties shall be hence —Consultants' competitive negotiation' required to be listed that are located within the r'056' 'i corporate limits of the city or those properties r'P Y P P ist of real estate owned —Required located five hundred (500) feet beyond the corpo- [certain officials. rate limits of the city. The real properties required q , lowing enumerated elective and ap- to be. listed shall be on the form attached hereto and made a part hereof. ets or employees of the city: All the elective and appointive officers or em- ployees enumerated above who are appointed sub iBSloners• sequent to the effective date of sections 2-305 through 2-307 [June 1, 19671 shall, within thirty (30) days „V of their election or appointment, submit an item- r; ' ized list verified under oath of real estate hold- , board; ings as provided above. (Code 1967, § 2-105; Ord. Ian board; No. 10966, § 2, 4-2-92) stem board; inistration for planning and zon- Republication note —Pursuant to directions of the city, the editor has deleted the following terms from the listing of :R= officers in this section as being obsolete or because terminol• .anning advisory board; ogy has been changed: municipal judges; pension board; plan. Wing board; ning end zoning board; director of department of water and e nU1S f,.. nuisance abatement board; sewer; executive director of the housing authority: executive secretary of planning and zoning board; water and sewer board: 262.1 R'- 132 ate FLORIMDEPARTMENT .OVINSURANCE I FELIX LUCIUS FWER 087385563 ry .. . IS LICENSED , TO TRANSACT THEE OL NGIONSES 0' n n.r� INS rop.,i Life Life & Health Health .06-'3217 SIGNATYRE- G'A 96- 132 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 8l j TO Honorable Members of DATE : May 16, 1995 FILE The Ci y Commission SUBJECT : Recommendation for Accepting Proposal for Brokerage Services FROM : Cesar H. OdiO REFERENCES City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the attached' Resolution accepting The Proposal of Arthur J. Gallagher and Company for furnishing insurance brokerage services be adopted. The services will be acquired at no direct cost to the City. BACKGROUND: Pursuant to City Code Section 18-102, the Self Insurance and Insurance Committee is authorized to procure coverages which are most advantageous to the City for specific risks through Commercial Insurance Policies. The procurement of these is best accomplished through an insurance brokerage firm. Therefore, Request for Proposal No. 93-94-166, to provide brokerage services was mailed to twenty-six potential proposers. In response, two proposals were received. The proposals were evaluated and ranked by a selection committee. The selection committee's criteria for selection was based on the responses to the R.F.P. and an oral interview addressing the following: A. The most appropriate staffing, personnel, resources and experience demonstrated by the Broker. B. Services the Brokers are willing to provide. C. Product knowledge. D. Minority participation and acceptable Affirmative Action Plan. E. Fees and other compensation F. Firms primary location. The ranking of the two firms were as follows: Arthur J. Gallagher - Ranked #1 by all Members. Alexander & Alexander - Ranked #2 by all Members. It is, therefore, recommended that Arthur J. Gallagher's proposal be accepted as the most advantageous proposal to the City. . MES/bgt 96- 132 (,iffy OP MIAMI, FLORIE jilkol,08AI, FOIt.M (Continued) MINORITY STATU"), I 111101(flATI fill Wlhhol! I NaELEI ATI �NPJID�P PM(;1PATJUll yq%zo®r cjw�k one lxx cnly and t e A 'Jj zv CITY OF MIAMI, FLORIDA RFP NO. 93-94-166 PROPOSAL FORM (Continued) This questionnaire is to be submitted to the designated City Office by the proposer, along with the proposal being submitted for the goods and/or services required by City. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None"., or "Nottpplicable", as appropriate. L I C E N S E S 1. County or Municipal Occupational 'License No. (if any) Not ADDlicable (Attach copy) 2. State License No. (if any): 263-70-1832 & 267-68-6670 3. Occupational License Classification: Not ADDlicable 4. License Expiration Date: Not Aool i cabl e 5. Metro -Dade County Certificate of Competency No. Not Applicable (attach copy if requested in Proposal) I N S U R A N C E Underwriters at Lloyd's and various 6. Name of Insurance Carrier: Insurance Companies 7. Type of Coverage: Insurance Brokers & Agents Professional Liability Insurance 8, Limits of Liability: $10,000,000 each cliam and in the aggregate, with certain self -insured retentions and deductibles. 9. -Coverage/Policy Dates: November 1 1993 to November 1, 1994 10. Name of Insurance Agent: Alexander & Alexander, Inc. 11. Deductible ( if any) : As indicated above 12. Agent's Phone (with area code) : (212) 973-4200 E X P E R I E N C E 95 13. Number of Years your organization has been in business: 14. Number of Years experience PROPOSER (person, principal of firm, owner) has had in operations of the type required by See Below specifications of the Proposal: '15. Number of Years experience PROPOSER (firm, corporation, proprietorship) has had in operations of the type required by 36 the specifications of the Proposal: PROPOSER NAME: ALEXANDER & ALEXANDER, INC . 4 EATTAIRE T COMPLETE,_STGN, AND RETURN THIS FORM MAY DISQ1jAT,TFY THIS PROP( 96- 132 RFP NO. 93-94-166: INSURANCE BROKER SERVICES PRINCIPAL BUSINESS NAME OF FIRM: ALEXANDER & ALEXANDER, INC. (Identify Officers) Juan E. Beltran, President Jorge E. Andino, Vice President Carlos A. Fumagali, Asst. Vice President BY: Juan E. Beltran Typed or Printed) (Signature) Lourdes D. Arias, Asst, Vice PrPeidp 7D,-�/' (Dat ) President (Title) i 7000 S. W. 97th Avenue, Suite 200, Miami, FL 33173 AbDRESS: TELEPHONE #: (305) 279-7870 FAX #: (305) 279-9963 or (305) 59807441 STATE LICENSE #: 263-70-1832 & 267-68-6670 (if applicable) COUNTY LICENSE #; N/A (if applicable) CITY LICENSE #: N/A LICENSE TYPE: All Lines: ( if applicable) Property, Casualty, Personal Life & Benefits 5 96- 132 I I i r CITY OF MIAMI, FLORIDA RFP NO. 93-94-166 PROPOSAL FORM (Continued) IMPORTANT: PROPOSAL FORMS AND PROPOSAL ACKNOWLEDGEMENT MUST BE RETURNED IN TRIPLICATE, IDENTIFIED BY RFP NUMBER, TIME AND DATE OF RFP OPENING. IF SECURITY IS REQUIRED, A PROPOSAL WILL NOT BE ACCEPTED UNLESS THE DEPOSIT OR BOND IS SUBMITTED. NAMES OF COMPANY OWNER(S): Public Company Listed On The Stock Exchange NAMES OF COMPANY OFFICER(S): a) List principal business address: (.street address) 7000 S. W. 9.7th Avenue, Suite 200, Miami, FL 33173 b) List all other offices located in the State of Florida: (street address) SEE ATTACHED Name of individual holding license.. in this profession (if applicable): ALL INDIVIDUALS INVOLVED IN THIS PROJECT The undersigned proposer acknowledges that (s)he has received a copy of Ordinance #10062 as amended, the Minority Procurement Ordinance of the City of Miami and agrees to cemply with all applicable substantive and procedural provisions therein including any tents thereto. I Proposer: ALEXCA DER & ALEX ER,- INC. I Signature:, ,company name) Date: J Print Name: JUAN E . BELTRAN i • Indicate if Business is 51% Minority -owned: (Check one box only) [ ] BLACK [ ] HISPANIC [ ] FEMALE AFF,IEM&TI4E AL`TION PI+BI� If firm has an existing plan, effective date of implementation: 1980 If fixm does not have an existing plan, the Successful Proposer(s) shall be required to establish an Affirmative Action Policy, pursuant to Ordirorce #10062 as anexxied. See Appendix I for sample. Proposer: ALE t- DER & ALEX .1 INC. ,ANDED Signature: M r" , CITY OF MIAMI, FLORIDA RFP NO. 93-94-166 PROPOSAL FORM (Continued) MINORITY STATUS INFORMATION SHEET Please check one box only and complete any and all sections applicable to your firm. 1. Indicate Minority/Women Classification of Business Enterprise (PROPOSER): [X] B=BLACK [ ] H=HISPANIC [X] F=FEMALE [ ] NM=NON-MINORITY 2. If ONE OF THE FOLLOWING, give details of Minority/Women Participation within firm(s), or as it may apply to this Proposal, if awarded. Indicate Minority/Women Classification of each company: VENTURE: Provide information re A. JOINT VE regarding g Minority/Women firms participating and the extent of participation. $ of Dollar Firm Name Business Address Contract Amount L J . 1 ] B. SUBCONTRACTORS: Provide information regarding Minority/Women firms participating and the extent of participation. • % of Dollar Fixm Name Bus.Less agaress contract Amount RUB I X CORP. [ ] 14Z5S 5W q(o"TeRR . 3 LI ems= ►O�or�%T3O10 TB A [ 1 C. SUPPLIERS: Provide details regarding Minority/Women firms that supply you with goods or services; state the extent. % of Dollar Firm Name Business Address Contract Amount RUB 1 X CORP [ 1y235 5w q(Q -ree jt . [ ] Minns i , FL B311M 14 [ ] FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DISQUALIFY THIS PROPO,9 �- 132 CITY OF MIAMI, FLORIDA ■ PROPOSAL FORM (Continued) RFP NO. 93-94-166 This questionnaire is to be submitted to the designated City Office by the proposer, along with the proposal being submitted for the goods and/or services required by City. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable % as appropriate. L I C E N S E S 1. County or Municipal Occupational License No. (if any) N/A (Attach copy) Gregory Butterfiel Agent's License) 2. State License No. (if any) 3. Occupational License Classification: insurance and Brokerage 4. License Expiration Date: Renewed Annually 5. Metro -Dade County Certificate of Competency No. N/A (attach copy if requested in Proposal) I N S U R A N C E ' Underwriters at Lloyds of London E 6. Name of Insurance Carrier: Various Companies 7. Type of Coverage: Errors E Ommissions 8. Limits of Liability: $5,000,000 9. Coverage/Policy Dates: 5/1/94-5/l/95 10. Name of Insurance Agent: Arthur J. Gallagher E Co. 11. Deductible (if any) : Self Insured Retention 12. Agent's Phone ( with area code) : (708) 773-3800 E X P E R I E N C E 13. Number of Years your organization has been in business: 1977 1927 for anent Company 14. Number of Years experience PROPOSER (person, principal of firm,' owner) has had 16 years Antonio Abella in operations of the type required by the specifications of the Proposal: 14 years Gregory Butterfield Nyears tar the Florida 15. Number of Years experience PROPOSER Corporation (firm, corporation, proprietorship) has had in operations of the type required b the specifications of. the Proposal: 6-/Xyears for the Parent Company PROPOSER NAME: Arthur-J. Gallagher E Co. (Florida) 8 1,ZC�e_AILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS•PROPOS (6-- 132 CITY OF MIAMI, FLORIDA PROPOSAL FORM (Continued) RFP NO. 93-94-166 IMPORT T: PROPOSAL FORMS AND PROPOSAL ACKNOWLEDGEMENT MUST BE RETURNED IN TRIPLICATE, IDENTIFIED BY RFP NUMBER, TIME AND DATE OF RFP OPENING. IF SECURITY IS REQUIRED, A PROPOSAL, WILL NOT BE ACCEPTED UNLESS THE DEPOSIT OR BOND IS SUBMITTED. NAMES OF COMPANY OWNER(S): Arthur J. Gallagher E Co. NAMES OF COMPANY OFFICER(S): Gregory Butterfield Nayja Zacur David L. Marcus Malachi Hogan G. Joseph Williams Andres Santa Antonio B. Abella William E. Nelson Donald Miller a) List principal business address: (street address) 8355 N.W. 53rd Street, #215, Miami, FL 33166 b) List all other offices located in the State of Florida: ( street address )l ) 2255 Glades Road, #400E, Boca Raton, FL 33431 2) 440 Sawgrass Corporate Parkway Sunrise, Florida 33325 (,5e � � pa) Name of individual holding license in this profession (if applicable) :All -Producing and CSR personnel The undersigned proposer acknowledges that (s)he has received a copy of Ordinance #10062 as amended, the Minority Procurement Ordinance of the City of Miami and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. Proposer: Arthur J. Gallagher & Co. (Flo ida) Signature: ompany name. Date: 7/22/94 Print Name: Gregory Butterfield Indicate if Business is 51% Minority —owned: (Check one box only) [ ] BLACK [ ] HISPANIC [ ] FEMALE AFF1gtT1VF ACTION PLAN If firm has an existing plan, effective date of implementation: NONE If firm does not have an existing plan, the Successful Proposer(s) shall be required to establish an Affirmative Action Policy, pursuant to Ordinance #10062 as amended. See Appendix I for sanpie. See Attached Proposer: Arthur J Signature: Gallagher E Co. (FL ny name)/ Equal Oportunity Rule 9 DG-- 132 AWARD OF RFP 5/15/95 RFP No. 93-94-166 ITEM: Insurance Broker DEPARTMENT: Fire Rescue TYPE OF PURCHASE: Contract REASON: To furnish insurance broker services POTENTIAL PROPOSERS: 26 PROPOSALS RECEIVED: 2 FUNDS: Indirect Cost through commission insurance premiums paid from Acct. Code No. 620101-650. RFP EVALUATION: RFP Invitations RFP Mailed Responses ALL VENDORS ............................ 19 6 MINORITY/FEMALE (M/F) VENDORS.......... 12 2 Within City limits .................. 4 2 Registered with City ................ 8 0 Black (B) Vendors ...................... 5 0 Located within City limits.......... 2 0 Registered with City ................ 4 0 Female (F) Vendors ..................... 1 0 Located within City limits.......... 0 0 Registered with City ................ 1 0 Hispanic (H) Vendors ............ 5 2 Located within City limits.......... 2 2 Registered with City ................ 3 0 NON -MINORITY (NM) VENDORS .............. 4 4 Located within City limits.......... 1 1 96- 132 i11 ll Reason(s) for NOT awarding to local vendor: RECOMMENDATION: IT IS RECOMMENDED THAT AWARD BE MADE TO ARTHUR J. GAL at= & COMPANY, A NON-MINORITY/NON- LOCAL V1 NDOR, C i f P cuj�em nt f cer 12 ��— 132 J-95-483 5/23/95 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PROPOSAL OF ARTHUR J. GALLAGHER AND COMPANY, FOR FURNISHING INSURANCE BROKERAGE SERVICES, ON A CONTRACT BASIS FOR ONE (1) YEAR, RENEWABLE AT THE CITY'S OPTION, FOR TWO ADDITIONAL ONE YEAR PERIODS AT THE SAME PRICE, TERMS, AND CONDITIONS, FOR THE DEPARTMENT OF FIRE -RESCUE, AT NO DIRECT COST TO THE CITY OF MIAMI (CITY); COMPENSATION FOR THIS SERVICE SHALL BE SUCH COMMISSIONS AS ARE PAID BY INSURANCE COMPANIES BASED ON ANNUAL PREMIUMS PAID BY THE CITY FOR PURCHASE OF POLICIES PROCURED BY THE BROKER; ALLOCATING FUNDS THEREFOR FROM THE CITY'S SELF INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 620101-650; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID SERVICES, AND THEREAFTER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE SERVICES, SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, the City of Miami needs insurance brokerage service for the Self -Insurance and Insurance Trust Fund; and WHEREAS, said services will allow the Self -Insurance and Insurance• Committee (Committee) to purchase such coverage in the event that adequate financial reserves have not been provided or an analysis of the costs involved demonstrates that it is more economical for the City to maintain coverage for certain specific risks through commercial insurance policies; and WHEREAS, the Committee is authorized and directed to procure such coverage pursuant to City Code, Section 18-102; and 13 9r_ 132 WHEREAS, pursuant to public notice, sealed proposals were received on July 25, 1994, for the furnishing of insurance brokerage services; and WHEREAS, Request for Proposals No. 93-94-166, to provide these services, were mailed to twenty-six (26) potential proposers and two (2) proposals were received; and WHEREAS, the proposals were evaluated and ranked by a selection committee which recommended that the proposal received from Arthur J. Gallagher & Company be accepted as the proposal most advantageous to the City; and WHEREAS, funds for the purchase of commercial insurance are available from the City's Self -Insurance and Insurance Trust Fund, Account Code No. 620101-650; and WHEREAS, the City Manager and the City's Self -Insurance and Insurance Trust Fund Committee recommend that the proposal received from Arthur J. Gallagher & Company be accepted as the proposal most advantageous to the City; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The proposal of Arthur J. Gallagher & Company, for furnishing insurance brokerage services, on a contract basis for one (1) year, renewable at the City's option, 2- 14 96_ 132 for two additional one year periods at the same price, terms, and conditions, for the Department of Fire -Rescue, at no direct cost to the City of Miami (City), with compensation for this service to be such commissions as are paid by insurance companies based on annual premiums paid by the City for purchase of policies procured by the broker, is hereby accepted, with funds therefor hereby allocated from the City's Self -Insurance and Insurance Trust Fund, Account Code No. 620101-650. Section 3. The City Manager is hereby authorized to enter into a contract, in substantially the attached form, with Arthur J. Gallagher & Company for said brokerage services and for a term as specified in Section 2, and thereafter to instruct the Chief Procurement Officer to issue a purchase order for this service, subject to the availability of funds. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of ATTEST; WALTER J. FOEMAN CITY CLERK -3- 1995. STEPHEN P. CLERK, MAYOR Off-- 132 15 PREPARED AND APPROVED BY: RAFAEL O. DIAZ DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W120:csk:ROD 16 -4- PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of , 19 , by and - between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as ("CITY") and ARTHUR J. GALLAGHER & COMPANY, a Florida corporation, Insurance brokerage firm, hereinafter referred to as ("CONSULTANT"). RECITALS WHEREAS, The CITY has determined that it needs the services of an insurance broker to assist the Self -Insurance and Insurance Committee hereinafter referred to as ("Committee") to purchase insurance coverage in the event that adequate financial reserves have not been provided or where an analysis of the costs involved demonstrate that it is more economical for the CITY to insure certain risks through commercial insurance; and WHEREAS, the Committee is authorized and directed to procure such coverage pursuant to City Code Section 18-102; and WHEREAS, the Committee has evaluated the responses received to RFP No. and has recommended to the City Manager that CONSULTANT be selected as the company to provide insurance brokerage services to the City; and WHEREAS, the City Commission, pursuant to Resolution No. adopted on 19 has authorized the City Manager to execute an agreement with CONSULTANT under the terms and conditions hereinafter set forth.. NOW, THEREFORE, 'in consideration of the premises, the CITY and CONSULTANT agree as follows: I. TERMS The term of this Agreement shall be one (1) year commencing on the date this Agreement is executed by the City Manager, The CITY shall have the option to renew this Agreement for two (2) additional terms of one (1) year each by giving written notice to CONSULTANT at least 30 days prior to the expiration of the then current term. 06- 132 17 H. SCOPE OF SERVICES The CONSULTANT's work shall be limited to, the evaluation of the CITY's property and casualty insurance coverages, the marketing of the property and casualty insurance program, placement of the property and casualty program coverages and servicing of the specific policies placed &y the CONSULTANT as requested by the CITY. III. CITY REOUIREMENTS The CITY is required to provide to the CONSULTANT the date necessary or reasonably requested by CONSULTANT to perform its services hereunder. IV. COMPENSATION The compensation to the CONSULTANT shall be such commissions as are paid to CONSULTANT by insurance companies based on annual premiums paid by the CITY for the purchase of policies procured by CONSULTANT at CITY's request. The CITY shall have no obligation whatsoever to pay CONSULTANT's compensation. V. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. VI. GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein, or as the same may be changed from time to time. B. CITY shall have the right to review and audit the related records of the CONSULTANT pertaining to any payments by the CITY upon reasonable notice during normal business hours. 18 96- 132 CITY OF MIANH ARTHUR J. GALLAGHER Risk Management Division Captives, Associations, and 300 Biscayne Blvd. Way Pooling Division Suite 328 8300 N.W. 53rd Street Dupont Plaza Center Suite 350 Miami, Florida 33131 Miami, Florida 33166 VII. OWNERSHIP OF DOCUMENTS All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by CONSULTANT upon completion of the services required pursuant to Section II hereof and shall become the property of CITY, without restriction or limitation on their use. CONSULTANT agrees that any and all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes (1987). It is further understood by and between the parties that any documents which are given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by CONSULTANT for any other purpose whatsoever without the written consent of CITY. VIE. NON-DELEGABH ITY The obligation undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. A. The minim#eed workload to be assigned to the MINORITY PARTNER under this agreement iof Section II Scope of Services at a compensation paid by the CONSULTANT as ag upon between the CONSULTANT and the MINORITY PARTNER. IX. AUDIT RIGHTS CITY reserves the right to audit the records of CONSULTANT pertaining to any billings to CITY for time or expenses at any time during the performance of the Agreement and for a period of three (3) years after final payment is made under this Agreement upon reasonable notice and during normal business hours. J'j- 132 11 X. AWARD OF AGREEMENT CONSULTANT warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay, paid, or agreed to pay any person employed by CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X1. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XII. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and authorized assigns. XM. INDEMNIFICATION CONSULTANT shall pay on behalf of, indemnify and save CITY and its officials harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of CONSULTANT's performance under the provisions of the Agreement, including all acts or omissions to act on the part of CONSULTANT, including any person performing under this Agreement for or on CONSULTANT's behalf, provided that any such claims, liabilities, losses and causes of such action- are attributable to the negligence or willful misconduct of CONSULTANT, and, from and against any orders, judgments or decrees which may be entered and which may result from CONSULTANT's negligence or willful misconduct under this Agreement, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. XIV. CONFLICT OF INTEREST CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, in the work product of this Agreement. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part, 20 ��'- 132 V of, CONSULTANT or its employees must be disclosed in writing to CITY. CONSULTANT, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. CONSULTANT is aware of the conflict of interest laws -of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. XV. INDEPENDENT CONTRACTOR CONSULTANT, and its employees, SUBCONSULTANTS, and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Services or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; furthermore, its agents or employees shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XVI. TERMINATION OF AGREEMENT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Section H hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum of the premium for policies procured and accepted by the CITY. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, CITY shall in no way be obligated and shall not pay to the CONSULTANT any further sum whatsoever and shall, upon request, be reimbursed for any past payments. It is further understood that should CONSULTANT fail to perform any of the services under this Agreement, CITY agrees that CONSULTANT's entire liability and CITY's sole and exclusive remedy for claims in connection with or arising of the form of action; shall be CITY's premiums for policies purchased, which premiums were received by CONSULTANT. JG- 13;� 21 XVH. NONDISCREVIINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, religion, age, national origin, marital status, or handicap, in connection with its performance under this Agreement. XVIII. M]NORITX PROCUREMENT COMPLIANCE CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, as amended by Ordinance No. 10538, the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XIX. CONTINGENCE' CLAUSE Funding for this Agreement is contingent on the availability of funds and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XX. DEFAULT PROVISION In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option and upon written notice to CONSULTANT, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY, if any, while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY provided CONSULTANT was given written notice of such default and the opportunity to cure the same, but failed to do so. XXI. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said services and correctly sets 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. 22 JG- 132 XXII. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. ATTEST: MATTY HULU CITY CLERK WITNESS: APPROVED AS TO INSURANCE REQUIREMENTS: F.K. ROLLASON, DEPUTY CHIEF CHIEF OF RISK MANAGEMENT CITY OF MIAMI a municipal corporation of the State of Florida: CESAR H. ODIO CITY MANAGER CONSULTANT: ARTHUR J. GALLAGHER TONY ABELLA, JR., ARM Division Vice -President APPROVED AS TO LEGAL FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY 23 <<6- 13`�