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HomeMy WebLinkAboutR-91-0132t J-11- s ' 2114/91 RESOLUTION NO. 91 `` 1.3 2 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CIT#t MANAGER TO EXECUTE A PROFRSSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELTRAN/ALEXANDER & ALEXANDER, TO SERVE AS INSURANCE BROILER ON BEHALF OF THE CITY AT A NEGOTIABLE COMPENSATION FOR A TERM NOT TO EXCEED THREE YEARS, SUBJECT TO ANNUAL REVIEW DURING SAID THREE YEAR PERIOD; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $800000 IN ANNUAL INSURANCE PREMIUM, FROM THE DEPARTMENT OF PERSONNEL MANAGEMENT, RISK MANAGEMENT OFFICE OPERATING BUDGET, ACCOUNT NO. 270401-650, SUBJECT TO THE AVAILABILITY OF FUNDS. I WHEREAS, the City of Miami needs insurance brokerage jF = services for the Self- Insurance and Insurance Trust Fund; and Y. WHEREAS, said services will allow the Self -Insurance and �. Insurance Committee to purchase such coverage in the event that d..: adequate financial reserves have not been provided or an analysis t of the costs involved demonstrates that it is more economical for Y the City to maintain coverage for certain specific risks through Z. commercial insurance policies; and ,, WHEREAS, the Committee is authorized and directed to procure re , _ such coverage pursuant to City Code Section 18-102; and WHEREAS, the Committee has undertaken the evaluation process ' prescribed procurement procedures and has made a,` -� using p at. o., . recommendation to the, City Manager. RO�i,.THSRgFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY s t� FLORIDA:2 r 4 1�IAM findins contained in the r NbioA The recitals and g y: prQa this Resolution are hereby adopted by reference ,fxg-WiiQ reted :hei.n.. as it set forth in this, w , herebthori� ;Q h rho f; X. __''�Arv�;..f'... s t t X.: insurance broker on behalf of tht City at a negotiable compensation for a term not to exceed three years, subject to . annual review during said three .year period, in an amount not to eR+eed.$800,000 in annual insurance premium, 4— with funds therefor- - hereby allocated from the Department of Personnel Management, Risk Management Office Operating Budget, Account No. 270401-6501 Section 3. This Resolution shall become effective immediately upon its adoption. - - AND ADOPTED this day PASSED _,l�$,� 1991. #- XAVIER L. SUJMEZr MAYOR ATTEST' 1 y MA HIRAI - CITY CLERK e FINANCIAL REVIEW AND APPROVAL: y k - MANO A, DIRECTOR BUDGET NT— A APPRO TO INSURANCE REQUIREMENTS: 31t. SUJ C RA v RISIK. MANAGE NT , . t, PREPARED. AND APPROVED BY: i 7 ONFUTY' C ATTORNEY 1 FORM" Q��■/�iR� ♦ +S *'.d4.t` — e .s't ry .�s,a t+ � � � • w`i: r , sr,` , s wr ,, its . ¢� s - r y� Yak . _ .... •d'. ,._ C.)' ?�� 4�4t� .'k$ _.—_, n�.—. .i.'-.' :,,t.'� Yi ,Ys ., r,_ t ..- � sx._,-'S r a...tkVF'�nStt�a TA.La 1ZAC I �t WHEREAS, the City of Miami with the qualified vendor(s) T. recommended by the Self -Insurance and Insurance Committee of the J City to serve as insurance brokers on behalf of the City for a term not to exceed three years without review; allocating funds therefore through premium payments from the Department of _ Personnel Management, Risk Management Division, for the _ corresponding fiscal year; and WHEREAS, the City of Miami needs insurance brokerage 4 services for the Self -Insurance and Insurance Trust Fund; and WHEREAS, said. services will allow the Self -Insurance and� Insurance Committee in the event that adequate _financial reserves have not been provided or. analysis of the costs involved demonstrates that it is more economical for the City to maintain covers o for certain specific risks through commercial insurance g ,$ policies ;to purchase; such coverage; , and r . W#i$REAS, the .Committee is authorized and directed., to procure. a t= ursuant tQ:.Ct Code Section ] 8-102; and Y .K } b . such coverage .p tte as -a result of RFP. No. 90'9i-03, i RSAS, tie Cq*i .e F = the evauat.on P° using preacrbed . H�r hasJ �utdertaic+sr t �N "A "M,>. •1MAdB..,,.,.� µ 'a s wy .� w" The CONSULTANT'S work shall include, but not be limited tot theevaluation of insurance coverages, the marketing of the t. property and casualty insurance program, placement of the program ,h a �. coverages and servicing of the policies as requested by the ACT TY 7�- in accordance with the invitation for proposals,_ 3� specifications, general conditions, special conditions and general information in regard to purchase of insurance brokerage z� services which the CITY shall request during the term of this Agreement. ITT, CITY REQUIREMEM The CITY is required to provide to the CONSULTANT the data ....s.,:..,�- +-� *ihA nrnnerty and casualty insurance program. ure commission which is :included cost of premium and agreed upon the 'premium payable for each policy requested by -the CITY. pro by the consultant and purchased by the CITY. - E y VIM VVEDRIM 'q'pAM 4T� T.AP_Lt: NB1rIS i with All applicable lawBr both parties` shall cotapiy ti , i �x}dnb'nes ,"and aodeg= of fed+araiy state and local governments,: FF MT q - CITY shall have the right to review and audit the ' related records of the CONSUL -TAM pertaining to any payments by = the -CITE ht _ or Mimi a Risk Management Division Olympia Building 174 B. Flagler Street, 7th Floor Miami, Florida 33131- �P 'X rAWR.SHIP OF DOCtnWNTS All documents developed by CONSULTANT under this Agreement s shall be delivered to CITY by CONSULTANT upon completion of the At — services required pursuant to Section II hereof and shall become a the property of CITY, without restriction or limitation on their - use. CONSULTANT agrees that any and all documents maintained andy� 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 ju =' Agreement : shall at all' times remain the property of the CITY and �+ shall not be used by CONSULTANT for any .other _purpose whatsoeverigkj ,1 r ; without 'the. written consent of,' CITY. °NON-DgLC-aBjt fti Ache; '+ bl :gaition undertaken ', by -CONSULTANT, pursuant o this f - i 4 V S ' shaJ-V not> -to zany; ©the &y -�- 4 'J tV f 4, `aharat ,77 .gnisemt �. rit.ngo the pefaaneaxce> or = n- C K i G- C014SULTART warrants that it has not employed or retained fifty - - person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission percentage, brokerage fee, fi or gift of any kind contingent upon or resulting from the award of this Agreement. s� XT, CONST UCTION OF-AGRBMMSNT a This Agreement shall be construed and enforced according to `f 4 the laws of the State of Florida. XrT. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, — their heirs, executors, legal representatives, successors, and - authorized assigns. - F.. Y XIII . INDI MNIMMON CONSULTANT shall pay on behalf of, indemnify and save CITY s and its officials harmless from and against any and all claims, r liabiltties, losses, and causes of action, which may arise out of 1 ` CONSULTANT Is performance under the- provisions. of the 'Agreement, including all act$ or omissions to act on the part of CONSULTANT', ilf� a indluding,:.any- -person performing under this; Agreement. for or. on4. :" CON8ULTANT;'s'behalf, provided that any such claims,, liabilities, „ lo"ex and causes of such action are attributable to they fault of CON$ULTAt�1T, and,rnm. `and nat % .any. ; orders,, judgments ..;-qa .= ma - ° ent.4 ed "� and.; hioh �aay a suit 4 f a ' y�. 4 +connection interest, with this Agreement direct or indirecti has any personal in the work product Agreement. CONSULTANT further covenants that, in the performance of :F this Agreement# no person having such conflicting interest shall be employed. Any such interests on the part 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 f r 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. ' t %V. INDEPENDENT CONTRACTOR CONSULTANT, and its employees, SUIBCONSULTANTS, and agents - shall be deemed to be independent contractors, ,and not agents or. ly4 employees of ''the .CITY, and shall not attain any rights. or benefitw--under the Civil Service or Pension Ordinances of CITY; t, _ori::any rights °generally afforded classified: or unclassified+ P Yee ► g employees 5 to s • furthermore, its agents or , em to ees shall � snot: b deemed = +entitled to the Florida Workers Com nation . benef its' as Pe r r e Vy�e .bf Cii.i. • rt Jpp gyp_ r 34 tt � $ aY� "� K 4 tt Lis herby understood by and botween CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be trade only if said CONSULTANT is not in default under the terms of this Agreement. if CONSULTANT is in ti - 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. XMI I _ riO NDISCRIMINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, age, national origin, or handicap, in connection with its performance under this Agreement. tr XVIII. MINORITY PROCURMENT COMPLIANCE k CONSULTANT acknowledges that it has been furnished a copy of Ordinance. No. 10462, as amended by, Ordinance No. 10538, the Minority and Women Business Affairs and Procurement Ordinance of the City of Iriiami, and agrees to comply with all applicable t ��. rsubstantive and procedural provisions therein, including any` JL­ .x r s aMOndments . thereto. -3 Ui Iz -Al jh Atli _..N CONT contingent on the mWailabil.ty .- T. ENTIRE AGREEMENT ~ This instrument and its attachments constitute the sole and { only Agreement of the parties hereto relating to said servlciis $ and correctly sets forth the rights, duties, and obligations of s 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. gXII. AMENDNENVg No amendments to this Agreement shall be binding on either fi {.ri( party unless in writing and signed by both parties. ^, IN WITNESS WHEREOF, the parties hereto. have caused thisR r F instrument to be executed by the respective officials thereunto_ duly authorized, this day and year first above written.In j ^f i _ ! [ j - �� S F T l r r^ -�" + u�F 'Fz ?� tt.�-�, 'i a - ' ti x r z '�, t . , s .+` ju •g., re �r [�-�yi'��RAI ARK WITNESS: APPROVED AS TO INSURANCE REQUIREMENTSa SUJAN S. CHHABRA 0TQ3t W1LWAC%'RMRWV F ry h L ,yam• y� yay Via or 141AXI MPA corporation of th6 Stag . 1� of Floridas 41 t _....:�y.�)-.. _ (y�� CESAR H: ,51 X CITY AVER f4 �° CONSULTANT: M v= PARTNER AUTHORIZED TO EXECUTE INSTRUMENTS ON X BEHALF OF THE FIRM APPROVED AS TO LEGAL FORM AND CORRECTNESS1 JORGE L. FERNANDEZ CITY ATTORNEY ON Honorable Mayor and. Members of WE : January 22, 1991 FILE ;# ' the Ci y Con issiorf SuEJECT : Resolution for Ye Professional Services Agreements Insurance Broker Services to the FROM: REFERENCES :Cis ' s Self -Insurance Cesar t�dio y f �-Insurance —. City Manager ENcLosuREs :and Insurance Trust Fund RFP-90-91-023 :- It ie respectfully recommended that the City Commission adopt the { attached resolution authorizing the City Manager to enter into a professional -services agreement at a compensation amount to be negotiated, a copy of which is incorporated herein, with the - qualified vendor(s) recommended by the Self -Insurance and Insurance Committee for insurance broker services to the City for a term not to exceed three (3) years without review. The i consultant's expertise in the specialized area of insurance will aid<the City's Self -Insurance and Insurance Committee to purchase _ - insurance coverage in the event that adequate financial reserves have not been provided or an analysis of the costs involved demonstrates that it is more advantageous and economical for the City to maintain coverage through commercial insurance policies. - Backqroundl The Department of Personnel Management, Risk Management Division --has investigated the utilization of insurance brokerage as rr requested by the Self -Insurance and Insurance Committee to ascertrin that the City's financial interest is fully protected with the appropriate self -insured retention and/or commercial -insurance- policies for payments of claims and ; judgments_Against P� s the City involving the acts of officers or employees of the City �. 7-- -,or , property belonging - to the City. :.._._ a. Five firms responded' to a November .13, 1990 RPP and _were.. reviewed i;ogether with the recommended. One minority firm was among the ,., x tsbotre.' All firms demonstrated, an affirmative . action _glAn_.,and i. utilization of minority partners. The firm based in New York City - declined indicating the need to -'work on the account., together ;.rr.tth, another local firm. The RFP-90-91-023 process has -given the City . { n-' thb :bpportusaity . ,to review- not only the-* qualif icatione tl�e� FA zssurance broker currently being utilized but also the pool of �& .- bloke=S"vniable for, •consideration. "Y � � � �* a }WNIw�»#�Y4+tytnv,.'yr!'q K^ $:- R. o-..e+ ,•i. '� .y r.,. wwixwi5. ..q .,.. sw+m .a .vh .I +ry w :, } A+ q_, N a1w Fw'k_v Wrs.1r..` "i�''Y.�'T'{ Rr tea s w p.xm+r ra a V xi r i. s t..b, s r 'h ".#•3w§f,. tV.-na ?Xtw s} + .r. rn 5.47t�5;; .r'. r.r;s^Aor raKs; twe..t'F+* "' Gu»iificat ons_af nsura►nte.Brokar Services -. 4 flAi>r B�ltf't�� dII'Itffe jw SI DUR DID AMOUNT CASUZIR+R Cligg —Nwwwwl�—Ii__N—r�f� - �Y__�YiNww Nall`N-- Mww�N—Yw_—_rMW- 3" Bowman Co.+ Inc. tie attached bid. Johnson do Higgins of Florida+ Inc..+ ++ Beltran Insurance Consultants/ -- I Frank B. Hall do Co. Arthur J. Gallagher do Co. -Miami ++ ++ ir i - t i 13 �- ,y •' 34U -- a Ytt � Hai f J'* c 4. a r +n 3 �t p Mel _'�0�.� 1-02 Sealed proposals will be received by the City of Miami City Cleric at her office located a 0 Pan American Drive Miami 1'loride 3133 not later than .m . for the R4` Qualification of Insure ro er servicesa Claims Division. Proposals submitted past such deadline and/or submitted to any other location or office shall be deemed not responsive and will be rejected. _— Ordinance No. 10538 established a goal of Awarding 51% of the City's total dollar volume of all expenditures for All Goods and Services to Black, Hispanic and Women Minority Business Enterprises on an equal basis. Minority and women vendors who are interested in submitting proposals and who are not registered with the City as minority or women vendors are advised to contact the City of Miami Minority/Women Business Office, 1390 NW 20 Street, Telephone 575- r . Detailed specifications for the proposals are available upon request at the City Procurement Office, 1390 N.W. 20th.Stree Second Floor, Telephone 575-517f4. } , {Ad No. Cesar H. Odio - City Manager in k _ x} Y Y � FJfF 195 xa• t i -». n 1 it: t � k4 i �!{ 77 ...,y"S" - - s _ r , 41 4� LN RF,� Ap, luCTIMU 08 Y HIRAI MOCLE LL-, Y RK TY OP x dtway 6&3 PIMULOW evv October, .29 Stw" dMe urn lig sit 9 0 0 2 3 Sealod groporgals will, �be . inIkUran6i"Bro r Services (ppen 11/13/90 _t .,30 Aw. 1!N bo N TYPE THIS LINE. FOR USE OF FINANCE OEP y Aw ...... �PNL DA YO ADVERTISEMENT , AT 11