HomeMy WebLinkAboutExhibit2007-2008 EXTENSION TO
PROFESSIONAL SERVICES AGREEMENT
This 2007-2008 Extension to the Professional Services Agreement entered into as of the
day of , 2007, but effective as of February 28, 2007 (hereinafter
referred to as the "2007-2008 Extension") by and between the City of Miami, a Florida
municipal corporation whose principal business address is 444 Southwest 2" Avenue, 9tn
Floor, Miami, Florida 33130 (hereinafter referred to as "City"), and Brown & Brown,
Inc., a Florida corporation whose principal business address is
(hereinafter referred to as "Provider").
RECITALS:
WHEREAS, the City issued a request for letters of interest RFLI No. 02-03-032
for Insurance Brokerage Services (the "RFLI") for a contract to be established for one (1)
year, with the City's option to extend said contract for four (4) additional one (1) year
periods for a total of five (5) years; and
WHEREAS, the City Commission, pursuant to Resolution No. 03-228 adopted
on February 27, 2003, approved the selection of Brown and Brown, Inc. as the top ranked
firm and authorized the City to negotiate an agreement with Provider pursuant to RFLI
No. 02-03-032; and
WHEREAS, the City Commission, pursuant to Resolution No. 03-515 adopted
on May 22, 2003, authorized the City Manager to execute an agreement for one (1) year
for the 2003-2004 period, with the option to extend for one (1) additional year for the
2004-2005 period (referred to hereinafter as the "Original Agreement"); and
WHEREAS, following the execution of the Original Agreement with Provider,
dated September 5, 2003 but effective as of February 28, 2003, and the exercising by the
City of its sole option to renew the Original Agreement for the 2004-2005 period, the
City Commission pursuant to Resolution No. 05-0123 adopted on February 24, 2005,
authorized the City Manager to amend and to extend the existing Original Agreement
pursuant to the First Amendment and Extension to Professional Services Agreement,
dated as of May 13, 2005 but effective as of March 1, 2005 (referred to hereinafter as the
"First Amendment and Extension") for a one (1) year for the 2005-2006 period, with the
City's sole option to extend for a one (1) year term for the 2006-2007 without returning
to the City Commission for approval, and
WHEREAS, the City's Department of Risk Management is seeking the
continued services of Provider as authorized by the RFLI, by renewing and extending the
existing Original Agreement, at the same cost, terms, and conditions for a one-year
period for 2007 and 2008 as the final extension permitted by the RFLI; and
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WHEREAS, the City now desires to exercise its final one-year option to enter
into this 2007-2008 Extension for the 2007-2008 period and Provider desires to perform
such insurance brokerage services for the 2007-2008 period; and
NOW, THEREFORE, in consideration of the above recitals, promises, and for
other good and valid consideration, the parties hereto agree as follows:
1. The foregoing recitals are true and correct and herby incorporated into and
made a part of this 2007-2008 Extension.
2. The City's amendment of the existing Original Agreement and its exercise
of the final extension of the original term to February 27, 2008, does not constitute a
waiver of any provision of the Original Agreement or of any provision of the First
Amendment and Extension.
3. Provider agrees to this 2007-2008 Extension and the applicable
continuations of the provisions of the First Amendment and Extension and the Original
Agreement at the same terms, conditions and costs. Provider's corporate resolution,
articles of incorporation, bylaws, minutes and/or other appropriate corporate
documentation authorizing Provider to enter into this 2007-2008 Extension are attached
hereto as Composite Exhibit A and incorporated hereby. Provider's updated insurance
requirements and evidence of coverages are attached hereto as Composite Exhibit B and
incorporated hereby.
4. Both City and Provider agree to extend the Original Agreement as
amended by the First Amendment and Extension (both of which are attached hereto as
Composite Exhibit C and incorporated hereby) for a final one (1) year period
commencing on February 28, 2007 and ending on February 27, 2008, as approved by the
City Manager.
5. Except as expressly amended by the provisions of the First Extension and
Amendment and as extended by this 2007-2008 Extension, the terms and conditions
contained in the Original Agreement shall continue to govern the rights and obligations
of the parties and all provisions of the Original Agreement, as amended, shall remain in
full force and effect as stated therein and as such are hereby ratified and reaffirmed.
NOW, THEREFORE, 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 written above.
ATTEST: BROWN & BROWN, INC., a Florida
corporation
By: By:
Name: Name:
Title: Title:
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ATTEST: CITY OF MIAMI, a Florida municipal
corporation
By; By:
Priscilla A. Thompson, City Clerk Pedro G. Hernandez, City Manager
Approved as to Form and Correctness: Approved as to Insurance Requirements:
Jorge L. Fernandez, City Attorney LeeAnn Brehm, Risk Management Director
Composite Exhibit A — Corporate documentation for Brown & Brown, Inc.
Composite Exhibit B -- Updated insurance requirements and evidence of coverages
for Brown & Brown, Inc.
Composite Exhibit C- City's Legislative Package from February 24, 2005, including
authorizing resolutions, the Original Agreement and
the First Amendment and Extension
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