HomeMy WebLinkAboutR-91-0439J-91-405
6/7/91
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RESOLUTION NO.
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A RESOLUTION, WITH ATTACHMENT(S), APPROVING
THE CITY MANAGER'S EXECUTION OF THE ATTACHED
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PROFESSIONAL SERVICES AGREEMENT WITH
BELTRAN/ALEXANDER & ALEXANDER, TO SERVE AS AN
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INSURANCE BROKER ON BEHALF OF THE CITY.
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WHEREAS, the City of Miami needs insurance brokerage
services for the Self -Insurance and Insurance Trust Fund; and
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WHEREAS, said services will allow the Self -Insurance and
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Insurance Committee to purchase such coverage in the event that
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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
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commercial,insurance policies; and
WHEREAS, the Committee is authorized and directed to procure
such coverage pursuant to City Code Section 18-102; and
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WHEREAS, the Committee undertook the evaluation process
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using prescribed procurement procedures and made a recommendation
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to .-the City. Manager; and
WHEREAS, the City Manager in his implementation of
Resolution No. 91-132, adopted February 14, 1991, which basically'
approved the herein attached agreement acknowledges the perceived."
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desire of, the Commission during its meeting of February 14, 1991
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION -0F 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
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Section.
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Section 2. The City Manager is hereby authorized td,.
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execute the attached Professional Service Agreement, with'
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Beltran/Alexander & Alexander, to serve �s
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'ATTACHMENTS.y
CONTAINED.
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behalf Of the
City at a neqotiabie
insurance broker on
compensation for a term not to exceed
three yLhars, subject to
annual review during said three year
period, in the fors► cif
commission and fee to be paid based on
premiumi3 In an amount not
-in annual insurance premium, with funds
to exceed$800,00o
therefor hereby allocated from the
Department of Personnel
Risk Management Office Operating Budget, Account No.
Management,
z70401-650
PASSED -_AND 'ADOPTED this 20th day of June r
1991.
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�VV4IERALSU
EZ, YOR
ATTE
MAT Y HILRAI
CITY CLERK
FINANCIAL REVIEW AND APPROVAL:
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HAR SURANA,, DIRECTOR
BU ET DEPARTMENT
APPRO. TO INSURANCE REQUIREMENTS:
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SK EMENT
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PREPARED:`AND PR VED BY:
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HUMBERTO.;HERNANUEZ
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ASSISTANT CITY ATTORNEY
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ROVED FORM AND'CORRECTNESS•.
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The term of this Agreement shall commence upon execution of
same, and shall terminate upon completion of CONSULTANT'S
responsibilities as outlined below in Section II, entitled "SCOPPE
OF SERVICE", for the term not to exceed three years subject to i
the CITY's annual review of said services
TT SCOPE OF SERVICES
The CONSULTANT'S work shall be limited to, the evaluation of
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the City's property' and casualty insurance coverages, the
marketing of the property and casualty insurance program,
placementof the property and casualty program coverages and
servicing of the specific policies placed by the CONSULTANT: ,as
requested by the CITY.
ITT CITY REOUTREMENTS
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The CITY is required to provide to the CONSULTANT the data
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necessary or reasonably requested by CONSULTANT to perform its
services hereunder.
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IV COMpFNSATION
f A. The CITY shall pay the CONSULTANT, as maximum
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•compensation for the services; performed, a fee not to exceed ahe
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pure cost'of:premium, commission, and fee which shall not exceed
$600,000 annually for policies requested by the CITY, procured, by
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the: consultant and purchased by the CITY. The Commission, .,
or combination of these shall..be negotiated at the request-of:the
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CITY per policy purchased and/or services performed by the
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CONSULTANT.
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COMPLIANCE WITH FEDERAL, ' STATE AND LOCAL" IMS
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?` Both parties shall comply with all applicable: laws,
ordinances and codes of federal, state and local governments.
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. CONDITIGNS
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be delivered by personal service, or by registered mail addressed -
to the other party at the address indicated hereint or as the
same may be changed from time or time.
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B, The compshall be paid on the following basis:
The CONSULTANT shall bill the CITY upon acceptance by the CITY of
each coverage placed by the CONSULTANT, payment shall take plane
upon receipt of the policy by the City and contract satisfied.
C. CITY shall have the right to review and audit the
related records of the CONSULTANT pertaining to any paymentsby
the CITY upon reasonable notice during normal business hours.
CTTY OF MIAMI CONSULTANT.
Risk Management Office Beltran/Alexander & Alexander
Olympia Building 7000 S.W. 97th Avenue
174 E. Flagler Street, 7th Floor Suite 200
Miami, Florida 33173
Miami, Florida 33131
vTr nWNFRSHIP OF DOCVMTNTS
All.documents developed by CONSULTANT under this Agreement
shall ' be .delivered to CITY by CONSULTANT upon completion of the
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services required.pursuant to Section II hereof and shall ,become
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the property of 'CITY, without- restriction or. limitaton,.an their
use. CONSULTANT agrees that any and all documents maintained and
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generated pursuant to this contractual relationship between CITY'
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and CONSULTANT shall be subject' to ;all, ;provisions : of the Public :s
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Records Law, Chapter 119, Florida Statutes (=19$7).
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It.is further understood by and between the parties that any w
documents which are given by CITY to CONSULTANT pursuant to this yw
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Agreement shall at all times remain<;,the:;property of the CITY -and, ,
shall.not be used by CONSULTANT _for any.other purpose whatsoever.
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without;.the written consent of CITY-
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VT11. NON-DELEGABILITY d
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The obligation undertaken.. by. CONSULTANT pursuant to this
Agreement shall not be.delegated or assigned to.any;other peC06h
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unless CITY shall first consent in writing to the. rfQ
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assignment of such_ services car any part thereof>,by: $notidr rs+�A
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aasignment of such services or any part thereof by another perstn
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Ab The minimum workload goal to be assigned tb the
MINORITY PARTNER under this agreement is 25% of Section it scope
of Services at a compensation paid by the CONSULTANT as agreed
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upon between the CONSULTANT and the MINORITY PARTNER.
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IX. AUDIT RIGHTS
CITY reserves the right to audit the records of CONSULTANT
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Ipertaining 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.
X. AWARD OF AGREEMENT
CONSOLTAIJT 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, P g to aid, or agreed pay Yan person
employed by CITY' any fee, commission percentage, brokerage fee;
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or gift of any kind contingent upon or resultingfrom the award
of -this 'Agreement .
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XIi CONSTRUCTION OF''AGREEMENT
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This Agreement shall be construed and enforced according'to
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the laws of the State of Florida.
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XII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding 'upon the parties herein,.
their heirs, executors, legal representatives,`'successors, and
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authorized assigns.
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XI I I i INDENNIF�;,a,TION
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CONSULTANT shall pay on behalf of,, indemnity and QaYe .TTY4j'
and its officials harmleso from and against : any and alcl
li4bilities, losses, and causes of action, Which msy
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CONSULTANT's performance under the provialons of the Agree ►nt,
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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
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misconduct under this.Agreement, and from and against all costs,
attorneys' tees, expenses and liabilities incurred in the defense
of;any.such claim, or the investigation thereof.
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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
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Agreement.
CONSULTANT further covenants that, in the performance of
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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
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restrictive law and/or guidelines regarding conflict of interest
promulgated by federal, state or local government..
CONSULTANT is aware of.the conflict ofinterest laws of. -,-.the
City. of Miami (City of Miami Code Chapter 2, Article V), 7.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
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with the termsof.said laws. -
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Xy. INDEPENDENT CONTRACTOR
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CONSULTANT, and its employees, SUBCONSULTANTS,. and agents
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shall be deemed to.be independent contractors, and.not agents or
employees of the CITY, and shall not attain .any rights -,-or
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benefits under the Civil Service or .Pens -ion Ordinances of ..CITX,
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or any rights generally afforded classified , or. unolasaified
employees; furthermore, its agents or emplpyee - eha].1 not he
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deemed entitled to the Florida WortereCompensation. 'benefkts:'a
On eMployee `. of CITY.
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XVI TERMINATION _OP AGIiE�
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to l
Section II hereof without penalty to CITY: In that event,,notice
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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
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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 x
action,, shall be CITY's, premiums for policies,purchased ,:.which
premiums were received:;by,CONSULTANT:. a
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XVII. NONDISCRIMINATION
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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.
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XVXII . MINORITY PROCUREMENT !QMLTANC
CONSULTANT acknowledges that it has been furnished a copy- of
Ordinance No. 10062, as amended by Ordinance No. 10536,
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Minority and Women Business Affairs and Procurement Ordinance'Ofr;
the City of Miami, and agrees to comply with all applicable
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substantive and procedural provisions therein, including aV► Y
amendments thereto, ry
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InsurancW"DO
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Ft. Myers Office Ft. Lauderdale Offics
Fr;,-ner!yLandmark Insurance Corp. Miami Office 4875 N. Federal Highway
33 Bark ev Circle 7000 S.W. 97th Avenue P.O. Box 24000
Ft tvi•;ers. FL 33907 P O. Box 160249 Ft. Lauderdale, FL 33307
513 §36.4042 Miami, FL33116 305 491-4875
Fax 813936.3041 305279-7870 Telex 51-4391
Telex 372.7970 Fax 305 491-5954
Fax 305 279-9963
SECRETARY'S CERTIFICATE
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I, NORMA JEAN BOYCE, Assistant Secretary of Alexander & Alexander,
Inc.,
a Florida Corporation, DO HEREBY CERTIFY that by Unanimous Written Consent
of the Board of Directors of Alexander & Alexander, Inc., dated May 1, 1991,
the following resolutions were duly adopted, have not been rescinded or
modi-
fied and remain in effect as of the date hereof and are not in conflict
with
or contravention of the charter, or articles of incorporation or by-laws
of
the Corporation and are in conformity therewith:
RESOLVED, that Corporation is authorized to
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enter into an Agreement with the.City of Miami to
provide insurance brokerage services; and
FURTHER RESOLVED, that Juan E. Beltran, President
of.the Corporation, is hereby authorized.to execute
said Agreement on behalf of the company.
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IN WITNESS WHEREOF, the undersigned has affixed her signature and the
seal of the Corporation this First day of May, 1991.
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(CORPORATE SEAL)`
Assistant Secretary
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14/91
RESOLUT ION NO. J 1. - - 1. 3 2
A RRSOLUTION, WITH ATTACHMENT(S), AUTHORIZING-41
THE CITY MANAGER TO EXECUTE A PROFESSIONAL`
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH bELTRAN/AI,EXANDER &
ALEXANDER, TO SERVE AS INSURANCE BROKER 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 $800,000 IN ANNUAL
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INSURANCE PREMIUM, FROM THE DEPARTMENT OF
PERSONNEL MANAGEMENT, RISK MANAGEMENT OFFICE
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OPERATING BUDGET, ACCOUNT NO. 270401-650,
SUBJECT TO THE AVAILABILITY OF FUNDS.
WHEREAS, the City of Miami needs insurance brokerage
services for the Self- Insurance and Insurance Trust Fund; and
WHEREAS, said services will allow the Self -Insurance and
Insurance Committee to purchase such coverage in the event that
adequate financial reserves have not been provided or an analysis
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of the costs involved demonstrates that it it 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 18-1021.and
WHEREAS, the Committee has undertaken the evaluation process
using prescribed procurement procedures and has made a
recommendation to the City Manager.
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 get forth in this
section.
Section 2. The City Manager is hereby authorized to
execute a Professional Service Agreement, with Beltran/Alexander
Alexander, in substantially the attached form, to serve as
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CtfiY OF MIAMt, FlOhllSA
INTEA•0PPICI MSMORANOUM
TO ; tSAfiE : FILE:
Honorable Mayor and Members May 28i 1991
of the City Commission
sue�ECt : Resolution for
Professional Services
Agreements insurance
FROM : REFERENCES :broker, Ser` icas to the
Cesar H. Cad City'ss Self -Insurance
City Manage ENCLOSURES and insurance 'rust pund
Recommendatioin s Jim
it is respectfully recommended that the City Commission
review the final agreement with Beltran/Alexander & Alexander,
which in substantially the attached form appeared with resolution
91-132 passed.. and adopted on February 14, 1991, prior to
execution by me on behalf of the City.
Backgrounds
The Risk Management Office, at the request of the Self -
Insurance and Insurance Committee, reviewed the utilization of
Insurance Brokerage for the City. This review was performed to:
ascertain that the City's financial interest is protected by
maintaining appropriate insurance coverage for potential, claims
against the City.
Five firms responded to a November 13, 1991 R.F.Q.. The
RFP-90--9.1-023 process- has. given the City, .the opportunity to.
review not only the qualifications of the insurance broker,
currently being utilized, but also the pool of brokers: available,
for consideration.
During the Commission meeting of February 14, 1991,
Resolution. No. 91-132, was. passed and adopted, authorizing" the
City Manager to execute a professional services agreement with
Beltran/Alexander &:, Alexander. The perceived desire, -of 'they
Commission during the meeting to review the final agreement was.
obstensibly: heard.. Beltran./Alexander &:= Alexander will" serve as
insurance broker on behalf of the City at a negotiable
compensation for; a, term not to exceed, three years, subject to fi
annual review during said three year period. Funds will -be
allocated - from the -Risk Management Office, operating"'''budget
account number 270401-650, subject to the availability of "funds,
in an amount not to exceed $800,000 in annual insurance premium.
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