HomeMy WebLinkAbout2022-088 PO 20230122- Brown & Brown of Oregon LLC Purchase Order
,N CITY RECORDER Fiscal Year 2023 Page: 1 of: 1
B Cityof AshlandN: Accounts Payable
,mp-v-.1.--i 3L D-i�il ,1
I AT20 E. Main Purchase
L
Ashland, OR 97520 Order# 20230122
T Phone: 541/552-2010
O Email: payable@ashland.or.us
•
V • H C/O Administration
E BROWN & BROWN OF OREGON LLC-MEDFORD I 20 East Main St
N PO BOX 743059 p Ashland, OR 97520
O LOS ANGELES, CA 90074-3059 Phone: 541/488-6002
R T Fax: 541/488-5311
L.EIS==p cElc'='eJ 51.7—= <=19=v J:le:Jslr2 -Ja 1 1 �= — _ �j=31.i_ A y J_` _ — - _
Sabrina Cotta
gi:L(-em eLal E=f f_-ei:7alEliTE
•
•
NVOICE
•
Mall payment to:
EloaWnik&Owl OfOtegoo,LLO
tr0.9 ", City Of Ashland
Brown&Brown
B
Ag , 74405
•
Atc. •:;.; 3 $45.5
Overnight payment to: atomprem 07/14120.22
Brown&ator of gregon,
Loskbox 743%59 cqi (541)7724111 •
27 /..tato CentecOre ititne
To Pay Online:61)nw-tnedard.opaynnlicY.gotn Los AngelS%a 90065-1433
• lof1
•
m
Ayettolosot.wititotolorinve=
• • $ 32,000.00 •
OriffitWiatifitagal;
City Of Ashland
IttiegaM I nvoice#9299912
• 20 a.main st
• 422 AGENCY FEE
AShland,OR 97520
• .. Thank You
Ria•4•me.detach and return with'payment
•
Customer:City Of Ashland • . •
'410:41:40f1 klift(440TMENtik4:09,SitaaA qrilifiefelaNkliCE,0100:filleittlfaZiMMIAMTAfiiitiO,WO
Service Agreethent 420.22 AGENCY FEE
• 07/0112022-P0112025
•
9299912 .1071_0112621P Weir Business Service •
Fee in Lieu of Commission 2022 a2,000.00
•
Approved for Payment. •
Signatur •
• ,• a, •
• Account th23coel,A,421v10:____
•
•
PLEASE RETURN TO PAYABLES.
•
•
• (
.
. ,
•- .
•
•
• • •
•
1Kii101004/%4§
$ ,.43;00,2;10..C.!
,....*+********Futpire invotces * ***.4*1,,k4,
• . 07/01/2023 32.060.00 I 07/01/2024 33.949.00.1 • • Think You
•
Pie0s#ROO Nyffiont Upon Recelp! •
•
•
•
•
•
•
07
•
/14R02? •
•
•
• •
•
•
•
•
FORM #3 "— CITY OF
A ' f t,4•r or PUC9� e f� �. V 0 9- ASHLAND
REQUISITION • Date of request: T`0=2Z
Required date for delivery: •
•
Vendor Namel rOtii n ÷ 6rowvt 14,Grf't west
Address,City,State,Zip P 0 PJ 0 V 29 0/ g'
• Contact Name&Telephone Number por-4-tikkioOR, 97ZQt- 9ag
Email address
SAudy Orr Cbbrowh. co eh
SOURCING METHOD .
O Exempt from Competitive Bidding 0 Invitation to Bid ❑ Emergency •
❑ Reason for exemption:_ _ Date approved by Council: 0 Form#13,Written findings and Authorization
❑ AMC 2.50 (Attach copy of council communication) 0 Written quote or proposal attached
❑ Written quote or proposal attached _(If council approval required,attach copy of CC)
❑ Small Procurement 0 Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: 0 State of Oregon
❑ Direct Award _(Attach copy of council communication) Contract#
❑ Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) ❑ State of Washington
Date approved by Council: - Contract#
_(Attach copy of council communication) 0 Other government agency contract
Intermediate Procurement ❑ Sole Source Agency
GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract#_
Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement
❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency •
• PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000.
Greater than$5,000 and less than$75,000 Valid until: Date Agreement approved by Legal and approved/signed by
❑ Less than$35,000,by direct appointment 0 Special Procurement -City Administrator.AMC 2.50.070(4)
❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council
❑. Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication)
Date approved by Council:
• Valid until: (Date)
Description of SERVICES .
IQt'sl- ita/ fn.�/ tO Ce s TOTAL-COST., . . _ .
:$ 32,. t00 yotz
. . .
•
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
•
❑ Per attached quote/proposal -TOTAL.COST'
$
Project Number _ _ Account Number 03OQI- 04/no
Account Number - • Account Number - •
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support,-Yes/No
By signing this requisition form,I certify that the City's public contracting requirements have been satisfied.
Employee: . Department Head:
qual to or••�"ter than$5,000)
Department Manager/Supervisor: City Manager: , -1 ,1i/ ./. '
�'• (Greater than$35,000 �
Funds appropriated foi current fiscal year: NO el .U1 _
Finance Director(Equal to or greater than$5,000) Date
Comments:
Form#3-Requisition
DocuSign Envelope ID:2CE0689E-BOB4-47A2-BFC0-CB86EABFOA01
•
•
• CONSULTANT SERVICES AGREEMENT •
•
THIS CONSULTANT SERVICES AGREEMENT (this "Agreement"), effective July 1, 2022 (the "Effective Date"), is •
made by and between CITY OF ASHLAND ("Company"), and BROWN & BROWN OF OREGON,LLC, dba
BROWN&BROWN NORTHWEST,("Consultant").
• Background
• .Company wishes to retain Consultant to perform certain specified advisory services as described in this Agreement.
Consultant wishes to perform such services according to the terms and conditions in this Agreement for the
compensation set forth in this Agreement. The parties agree as follows:
•
1. Term. The termof this Agreement shall • -at the request of Consultant. Company further agrees
commence on the Effective Date and continue for a to provide Consultant with notice of any material
period of one (1) year, unless sooner terminated as changes in. Company's business operations, risk
herein provided. exposures .or in any other material information
provided under this Agreement. In addition,Company
2. Relationship of Parties. Consultant is an shall carefully read each insurance policy issued to
independent contractor and nothing in this Agreement Company in order to confirm the accuracy of the facts
• is intended nor shall be construed to create an reflected therein and that the policy(ies)contain(s)the .
employer/employee relationship, a joint venture terms and .coverages desired. Company is ••
• relationship' ' or partnership relationship. In responsible for recommending any changes to•
consideration of the compensation paid to the' insurance policies issued to Company. . •
• Consultant by the Company, Consultant will provide .
services to the Company as an insurance consultant. 5. Compensation. In .consideration 'of the
Company acknowledges that Consultant,or its parent . Services, Company shall compensate Consultant as
• company, Brown&Brown, Inc. ("Parent");and related set forth in Schedule B (the.,"Consultant Services
or affiliated companies(collectively with Parent, "B&B Fee"). With regard to the Consultant Services Fee,•
Affiliates"), may provide services as an insurance Company and Consultant acknowledge and agree as
• agent on behalf of certain insurance carriers or risk- follows: •
• bearing entities. Company expressly consents to
. • such relationship, if applicable, in the rendition of (a) Compensation for the Services
services by Consultant under this Agreement. specified under this Agreement is exclusive of all
• federal, state and local sales, use, excise, receipts, •
3. Consultant Services. Consultant, subject gross .income and other... similar taxes and
to the terms of this Agreement, shall provide certain governmental charges and fees. Any such taxes,
services set forth in the attached Schedule A (the charges or...fees for. the Services under .this
• "Services"). Nothing in this Agreement shall be Agreement, now imposed or hereafter imposed during
construed to impose any obligations on the term of this Agreement,shall be in addition to the
Consultant, or limitations on Consultant's compensation,premiums and charges set forth in this •
compensation, relative to services other than as Agreement and shall be paid by Company upon . •
• specifically delineated above. request
• 4. Company . Responsibilities. In (b) Company acknowledges and
• consideration of the Services provided by Consultant, agrees that the Consultant Services Fee is
'Company agrees as follows: reasonable in relation to the Services to be provided'
• by Consultant hereunder. .
(a) • Company shall cooperate fully with •
Consultant and the insurance companies with whom •
Consultant solicits in the performance of Consultant's 6. Confidentiality. To'the extent consistent
obligations under this Agreement. with performances of Consultant's duties under this
' Agreement, Consultant and Company agree to hold in
(b) Company shall timely produce confidence Confidential Information (defined below). . •
complete and accurate information including, but not . Company acknowledges, however, that Consultant
limited to, current financial information, statements of will disclose Confidential Information as reasonably
values, loss information and any other information, required in the ordinary course of performing the
necessary for the effectuation of insurance coverage . .Services to insurance companies and other insurance
•
Page 1of6 '
DocuSign Envelope ID:2CE0689E-BOB4-47A2-BFC0-CB86EABFOA01
•
• intermediaries. "Confidential Information"means all following causes: (i) Suspension or termination of
nonpublic information and all documents•and other Consultant's insurance license in the State of Oregon
tangible items' (whether recorded Information, on if not cured by Consultant within sixty (60) days
paper, in. computer readable format or otherwise) following such suspension or termination; (ii)
relating to the disclosing party's business (including Consultant's participation in any fraud; or (iii)•
without limitation business plans, manner of doing Consultant's material failure to properly perform its
business, business results or prospects), proposals,.
recommendations, marketing plans, reports, any of duties and responsibilities hereunder because of
which (i) at the time in question Is either protectable Consultant's gross neglect, proven dishonesty, or
• as a trade secret or is otherwise of a confidential commission of a felony. •
nature(and is known or should reasonably be known
by receiving party as being of a confidential nature) (c) Notwithstanding the provisions in
and (ii) has been made known to or is otherwise sub-paragraph (a). above, Consultant may terminate
learned by receiving party as a result of the this Agreement upon the happening of any one of the
relationship under this Agreement. Confidential . following causes: (i) Company's. failure to pay any
Information should be protected with the same Consultant Services Fee more than five(5)days after
reasonable care as each party protects its own such payment is due; (ii) Company's participation in
Confidential Information. any fraud; or (iii) Company's material failure to
Confidential Information will not include any properly ,perform its duties and responsibilities
information,documents or tangible items which (i) are hereunder because of Company's gross neglect,
a matter of .general .public knowledge or which proven dishonesty,or commission of a felony.
subsequently becomes publicly available (except to
the extent such public availability is the result of a Termination for any cause enumerated in sub-
breach of this Agreement), (ii) were previously in paragraphs (b)or(c)shall become effective upon the
possession of receiving party as evidenced by delivery of written notice of termination to the
receiving party's existing written records, or (iii) are breaching party or at such later time asmay be
hereafter received by receiving party on a non- specified in the written notice.
confidential basis from another source who is not, to
receiving party's knowledge, bound by confidential or
fiduciary obligations to disclosing party or otherwise (d) Termination of this Agreement shall
prohibited from transmitting the same to -receiving not release Company from any accrued obligation to
party. In the event that Consultant or Company pay any sum to Consultant(whether then or thereafter
become legally compelled to disclose any of the payable)or operate to discharge any liability incurred
Confidential Information, they shall provide the other prior to the termination date.
party with prompt notice so that such party may seek
a protective order or other appropriate remedy and/or 8. Notices. Any notices required or permitted
waive compliance with the provisions of this to be given under this Agreement shall be sufficient if
Agreement. In the event that such protective order or in writing by Certified Mail to:
other remedy is not obtained, or that the other party
waives compliance with the provisions of the - If to Company:
Agreement,such party may disclose such information
as is necessary or advisable to comply with the legal 20 E Main Street,Ashland, OR 97520
process. Attn:Joseph L.Lessard
Email:ioe-lessard(o ashland.or.us
7. Termination.
If to Consultant
(a) Either party may terminate this 3256 Hillcrest Park Drive,Medford, OR 97504
Agreement, without cause and for any reason Attn:David F.Cuttrell
whatsoever, by giving written notice of termination to Email:david.cuttrellbbrown.com
the other party at least thirty (30) days prior to the • •
effective date of termination, which shall be specified With a copy to:
in such written notice. • Brown&Brown,Inc.
300 N.Beach Street
(b) 'Notwithstanding the provisions in Daytona Beach,FL 32114
sub-paragraph (a) above, Company may terminate Attn:General Counsel
this Agreement upon the happening of any one of the
Page 2 of 6 •
DocuSign Envelope ID:2CE0689E-BOB4-47A2-BFC0-CB86EABFOA01
•
or such other address as either shall give to the other POSSIBILITY OF SUCH POTENTIAL LOSS OR
in writing for this purpose. DAMAGE.
9. Severability. The invalidity or 12. Assignment. Neither this Agreement nor
unenforceability of any provision of this Agreement any of the rights, interests or obligations hereunder
shall in no way affect the validity or enforceability of shall be assigned by any of the parties hereto
• any other provision. (whether by operation of law or otherwise)without the
prior written consent of the other party,which consent
10. Oregon Law Applies; Venue. This shall not be unreasonably withheld, conditioned or
Agreement shall be governed by and construed and delayed. This Agreement will be binding upon, inure
enforced in accordance with the laws of the State of to the benefit of, and be enforceable by the parties
Oregon without regard to its conflicts of laws and their respective successors and permitted
principles. Exclusive venue is agreed to be in a state assigns.
or federal court of competent jurisdiction in or for
Jackson County,Oregon. 13. Entire Agreement. This Agreement
(including the schedules, documents and instruments
11. Limitation of Liability; Waiver of Jury referred to herein or attached hereto) constitutes the
Trial. THE PARTIES WAIVE ANY RIGHT TO A entire agreement and supersedes all prior
TRIAL BY JURY IN THE EVENT OF LITIGATION agreements and understandings, both written and
ARISING OUT OF THIS AGREEMENT. IN NO oral, between the parties with respect to the subject
EVENT WILL EITHER PARTY BE LIABLE TO THE matter hereof. The Agreement shall not be modified
OTHER PARTY OR ANY OTHER PERSON FOR except by a written agreement dated subsequent to
ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR the date of this Agreement and signed on behalf of •
INCIDENTAL DAMAGES; INCLUDING LOSS OF Company and Consultant by their respective duly
PROFITS, REVENUE, DATA OR USE, EVEN IF authorized representatives.
SUCH PARTY HAS BEEN ADVISED OF THE
•
[Remainder of page intentionally left blank—Signature page follows.]
•
•
1 •
• Page 3 of 6
•
DocuSign Envelope ID:2CE0689E-BOB4-47A2-BFC0-CB86EABFOA01
•
•
IN WITNESS WHEREOF,the parties have executed this Agreement as of the Effective Date..
•
COMPANY: CONSULTANT:
CITY OF ASHLAND • BROWN & BROWN OF OREGON, LLC, dba BROWN &
BROWN-NDf1 t WEST .
By: G1c7:.,.i, "� • By:
Qaui f,.F. (AIM
N-• e: Zp7 f( - .- f Nam :
Title: Cry Title: Executive Vice President
•
•
•
•
•
•
•
•
•
• Page 4 of 6
•
. DocuSign.
Certificate Of Completion
•
Envelope Id:2CE0689EBOB447A2BFC0CB86EABFOA01 Status:Completed
Subject:Please DocuSign:Brown_Brown2022Contract.pdf
Source Envelope: •
Document Pages:6 Signatures:1 Envelope Originator:
Certificate Pages:1 Initials:0 Sandy Orr
AutoNav:Enabled Sandy.Orr@bbrown.com
' • Envelopeld Stamping:Enabled IP Address:67.51.46.34
Time Zone:(UTC)Dublin,Edinburgh,Lisbon,London
Record Tracking •
Status:Original • Holder:Sandy Orr Location:DocuSigh
8/3/2022 12:56:53 AM Sandy.Orr@bbrown.com
Signer Events Signature Timestamp
David F.Cuttrell (D USIgnedby Sent:8/3/2022 12:57:55 AM
david.cuttrell@bbrown.com 12)14. (Ara ra Viewed:8/3/2022 12:32:44 PM
Executive Vice President esc7FsozFCEFaco... • Signed:8/3/2022 12:32:54 PM
Brown&Brown,Inc.
Security Level:Email,Account Authentication
Signature Adoption:Pre-selected Style
(None) Using IP Address:174.211.235.216
• Signed using mobile •
Electronic Record and Signature Disclosure:
Not Offered via DocuSign •
In Person Signer Events Signature Timestamp
•
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
. Intermediary Delivery Events Status Timestamp
•
Certified Delivery Events Status Timestamp '
Carbon Copy Events Status Timestamp
•
Witness Events Signature Timestamp
Notary Events Signature Timestamp
•
•
Envelope Summary Events Status Timestamps •
•
Envelope Sent • Hashed/Encrypted 8/3/2022 12:57:55 AM
Certified Delivered Security Checked 8/3/2022 12:32:44 PM '
Signing Complete Security Checked 8/3/2022 12:32:54 PM
Completed • Security Checked 8/3/2022 12:32:54 PM
Payment Events Status • Timestamps
DocuSign Envelope ID:2CE0689E-BOB4-47A2-BFCO-CB86EABFOA01
•
SCHEDULE A
CONSULTANT SERVICES
Subject to the terms of this Consultant Services Agreement, Consultant shall provide the Services listed below,but
only in relation to the following Lines of Insurance:(a)Commercial Property;(b)Boiler&Machinery; (c)
Earthquake/DIC;(d)Flood(Package);(e)Commercial/Auto Trucking/Garage;(f)Inland Marine;(g)General Liability;
(h)Liquor Liability;(i)Umbrella/Excess Liability; (j)Professional Liability; (k)Directors&Officers Liability;(I)
Employment Practices Liability;(m)Aviation Liability;(n)Environmental Liability;
Services are as follows: '
Evaluate City's business practices with regard to risk and possible transfer of risk to.third parties and conduct regular,
scheduled meetings with City to review City's risk management program.
Review and analyze City's existing insurance coverage and identify potential lines of coverage or coverage
enhancements to improve City's insurance program.
Coordinate loss prevention services provided by any insurance company with those services provided by Broker.
•
Analyze past and current claim and loss history information and advise City of significant implications for City's
insurance program.
Claims and Risk Management Services:
Claim Review—Workers'Compensation •
Claim Review—Property and Liability
Employment Practices Consultative Services
Safety Committees—Review and Training
Fleet Management—Review and Training
Elements Connection
Provides safety tools as needed
Agent Insurance Placement:
•
•
Analyze current insurance market conditions and advise City of significant implications for City insurance program.
Facilitate marketing and procure quotat6ions from carriers;review and analyze quotations and provide proposals for
review by City.
Secure and bind all coverage accepted by City,when applicable.
•
•
Page5of6
DocuSign Envelope ID:2CE0689E-80B4-47A2-BFC0-CB86EABFOA01
t
•
SCHEDULE B
COMPENSATION
Consultant Services Fee:
• In consideration of the Services, Company shall compensate Consultant in the amount of THIRTY TWO
THOUSAND AND NO DOLLARS AND 00/100 ($32,000.00) (the "Consultant Services Fee"). The Consultant
Services Fee shall be fully earned and paid in annual installments for a term of one (1) year upon the Company's
execution and delivery of this Agreement.
•
•
•
•
•
•
•
•
• Page 6 of 6