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Home My Public Portal AboutORD12771 ,�.��..�. .. ..:�..,..o-....�....wv......r..q ,.o...-.�.s.o...Y.na.,,aC""'rx'A°...m..�.oek.o...w�[vn•aw�wYamesy (�Iea�1.7�d0► i BILL NO. -9--- ; SPONSORED BY COUNCILMAN . Nil ®s ORDINANCE NO. — / n" AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SEDGWICK OF MISSOURI, INC. FOR INSURANCE BROKERAGE SERVICES. WHEREAS, Sedgwick of Missouri, Inc. has been selected as the firm best qualified to provide Insurance Brokerage Services; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.Sedgwick of Missouri, Inc.is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. `f Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Sedgwick of Missouri, Inc. for Insurance Brokerage Services. ; Section 3. The agreement shall be substantially the same in forms and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval t . Passed: /(0 Approved: Presiding'Offrcer Mayor ATTEST: APPROVED A a Rv it Cl rk City Cou s or : t% f` t h 1( iE b+ c i t t r f , ' a RECEIVED t ! *er4WIck of mlowurl,Inc. f 26M Grains Buuievarct,Suite 300, KaOsns City, Mis5ouri 64108' lL•Gl�i Telephone'816 3A?.•£,67U. Facsimile 816 474-87434 CITY OF August 19, 1999 `t r Allen Garner City of Jefferson 320 East McCarty Street ` Jefferson City, Igo. 65 101 Re:Broker Service Agreement near Allen, x, Enclosed is the signed agreement for the above service. { Please let me know if you should have any questions. t i Yours Tay, � ` Dan Judd, CPCiJ ` Vice President ir ji as%.� � � :, if •' 2c�`_+ zz Insurance Broking .:Risk Services, Employee 0 PONS �r '?�"fu+l lR'�'(�4�a�y��{,��>��4T+Nb{tYNYRLfk4b nit�l4sn j� t 3. _` 1 �. 'n.'.M pf aF:f+i�l��'tt"•• r : j��`�s L,t� ``trr55�yt'iryrr 171' a'"'eji 1 rt �? r + f t {t� •�if�fWtt�.r.r a°r�,.��y "3t lie '' � i ) J1 � + , : .. 1 ...t3 ' Ar :S%,-t ,-`gwick t,. a: . CITY OF JEFFERSON EXTENSION.AGREEMENT FOR INSURANCE BROKERAGE SERVICES Pursuaet to the Insurance Brokerages Services Agreement entered into June 30, 1998 between the City of Jefferson Missouri a municipal corporation, l � y � � p City, and �. Sedgwick of Missouri, Inc.,a corporation of die state of Missouri, Broker,this extension continues Insurance Brokerage services for the period of 6-30-99 through 6-30-2000 with an annual fee of$45,000, payable in 4 equal quarterly installments of$11,250. EXECI.JTEI)this day of , 1999. i ° CITY OF JEFFERSON,NUSSO SEDGWICK OF MO, ; .; i x• yor Corporate Officer ZEST:ES TTEST:y Let li=ez APPROVED TO City C uriselo iF { i rk al&WIZ77 CITY OF JEFFERSON AGREEMENT FOR INSURANCE BROKERAGE SERVICES i THIS AGREEMENT is made and entered into this_�Aay of June, 1998, by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," and Sedgwick of Missouri, Inc., a corporation of the state of Missouri, hereinafter referred to as"Broker." WITNESSETH: WHEREAS, City desires to obtain professional insurance brokerage service on a contract basis; and WHEREAS, after a selection process, Broker has been selected by the City; and WHEREAS, Broker has experience and knowledge in performing insurance brokerage services. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. Agreement. City does hereby contract with Broker to provide professional insurance brokerage services as hereinafter provided for a period of one (1)year, commencing on the 1st day of July, 1998, and terminating on June 30, 1999. With the consent of both parties,the contract may be extended for two(2)additional one(1)year periods. • Broker hereby accepts said contract and agrees to perform all work and services in accordance with the terms and conditions hereof. Broker is hereby appointed as City's exclusive broker of Record for the period covered by this contract for all forms of property/casualty insurance and bonds requested by the City and described in Attachment A of this Agreement which is incorporated herein by reference. 2. Services to Be Performed. A. Broker shall obtain insurance quotations on all insurance items maintained by City shown on Attachment A. Where possible, legal and considered to be in the best interests of the City, the quotations shall be exclusive of commissions or fees. B. After consultation with the City, Broker shall be prepared to market individual lines of coverages annually or as deemed necessary by the City. Whenever market conditions permit,Broker shall obtain at least three (3) quotations on each separate insurance item or layer of insurance. All quotations obtained by Broker shall be delivered to the City in summary format. Upon request by City,Broker' shall make available detailed information concerning any quote received by Broker. C. Broker shall submit firm quotations to the City at least thirty(30)days prior to expiration of existing insurance,provided,however,that the City may waive such thirty(30)day notice in the event Broker can demonstrate to the satisfaction of the City that extenuating circumstances exist which preclude or make undesirable such thirty(30)day notice. D. Broker shall make a good faith effort to give notice to the City of all favorable or unfavorable market developments which might affect City's access to insurance at prices deemed affordable by the City. Annually on August 1 the Broker will provide a written assessment of policies in force and include recommendations for improving coverages. Annually on or before September 1,Broker will provide in • writing Broker's best estimate for the renewal premium costs of all City's insurance policies to provide guidance to City for future budgeting purposes. C:\traci\contmcts\profsei ices\sedgwick of mo\contract 1998.final.wpd E. It is understood that, from time to time, Broker shall be requested by City to obtain insurance quotations on certain items not contained in Attachment A. • F. At the request of the City, Broker shall keep the City informed of negotiations with underwriting companies involving placement of the City's insurance coverages as assigned to Broker in Attachment A. It is intended that Broker will utilize insurers that will have sufficiently high ratings and financial positions to justify reliance on their quote with approval of the City. For all insurance quotations, Broker will apprise the City of the company's ratings and financial position. G. It is agreed and understood that the Broker account team for the City of Jefferson, Missouri, will consist of- Account Director: Patrick D.Meyers Account Executive: Daniel P.Judd, CPCU Risk Control Consultant: Bruce Ford Account Coordinator: Donna Dolinger Claims Coordinator: Barbara Bowman Support Staff: Brad Johnson Dave Randall Any change in the account team personnel will require written notification to the City. H. It is the team responsibility, under the direction and control of the Account Director or Account Executive in charge,to perform the following functions: 1. Continually analyze the City's exposures and recommend coverages consistent with these exposures. • 2. Oversee and coordinate all relevant services performed by insurance companies or service agencies. 3. Be available for advice and information as requested by the City. 4. Check all insurance companies billings on a regular basis. 5. Collect the data necessary, and prepare professional quality insurance proposal submission packages for the proper marketing of the various coverages. 6. Perform the administrative and clerical services relative to insurance account management, such as certificates of insurance, coverage descriptions and policy changes. 7. Review insurance certificates and bonds submitted to the City by vendors for insurance company status as a Missouri filed carrier and AM Best Guide Rating. Broker and City will work to provide an acceptable means of transmission for this purpose. It is understood Broker will not be responsible for guaranteeing financial stability of the vendors or insurance companies. It-is understood that for the purposes of this Agreement AM Best Rating or similar services are acceptable to both parties. 8. Broker will update the values annually for all property coverages by locations, utilizing the Marshall and Swift or a comparable trending schedules approach program. I. It is agreed and understood that the Account Executive shall meet with the City no less than quarterly, commencing in the third quarter of 1998, and provide appropriate written reports. • J. Broker will endeavor to provide coverages of insurance submitted to be equal to or better than the coverages currently being provided. Q C:\traci\contracts\prof services\sedgwick of mo\contract 1998-t-malwpd - 2 - 3. Work to Be Performed by City. • City shall cooperate with Broker by timely providing all information necessary for Broker to obtain insurance quotations, filing of claims and any other information needed by Broker in performance of the insuring contracts. 4. Extra Services. It is understood and agreed that services provided by Broker, other than those services specified in Section II hereinabove, must have prior approval and shall be at a rate agreed upon by the parties. 5. Engineering Services. A. Broker will provide the services of a Risk Control Consultant who will coordinate risk control procedures and will serve as liaison with all other safety personnel to ensure program safety procedures are implemented and observed. These services shall include an overall thorough assessment within the first six(6)months of this agreement with periodic follow-up no less than every six(6)months. B. Broker will conduct a property survey on all locations in order to determine insurance replacement values on a basis acceptable to insurance underwriters. These values will be periodically updated by Broker. Marshall and Swift evaluation program may be utilized. The Statement of Values includes stationary equipment for which values have been provided by the City. C. Broker will coordinate insurance companies loss control services on the City's behalf. D. It is understood that certain engineering services and loss control will be required for special items of • equipment, i.e., boiler and machinery. Broker will coordinate these services with the City either by utilizing broker's internal engineering and loss control services or that of insuring companies. E. It is understood that the values of certain items of personal property and special equipment must be provided to Broker by City through their records. F. Broker will work to perform similar services for the City on any new projects. It would be understood unless the project is of an unusual nature there would be no additional charge for the services. G. Broker will arrange all engineering and loss control services for lines of coverages covered under this Agreement. H. Broker agrees to maintain at their office a separate file with regard to loss prevention,engineering and appraisals,which upon termination of the Agreement can be copied and provided to the City upon their request. Cost of reproduction will be paid by the Broker. 6. Broker's Fees and Payment. City shall compensate Broker annually for insurance brokerage services pursuant to this Agreement as follows: A. As consideration for the services contemplated under this Agreement, City agrees to pay Broker an annual fee not to exceed Forty-Five Thousand Dollars ($45,000.00), payable quarterly. A statement shall be prepared quarterly indicating commission received and all return commissions remitted on insurance placed by Broker on behalf of City during that quarter. The net amount of commissions received shall offset the quarterly fee. It is further understood that this Agreement and fee schedule is subject to modification if additional services are required for any new items of coverage which may • be added to this Agreement. Should either party desire to renegotiate the annual fee(for such reasons as changes in costs of doing business,changes in market conditions,etc.),such party shall present their C:\traei\contracts\prof ser ices\sedl,vick of mo\conI roct 1998-Cnal.wpd - 3 - i • J desire in writing to the other party, along with sufficiently detailed documentation,by July 1 of each year. Any commission earned above the amount of the annual fee shall be the property of the Broker • and shall be retained by Broker as additional compensation. Should Broker earn contingency income based on placements,Broker's income shall not be offset against the annual fee. If Broker utilizes any subsidiary wholesaler owned by Broker, their uses shall be disclosed and approved by the City prior to use. B. It is understood where it is to the best advantage of the City insurance coverage will be purchased on a net basis by the Broker, if allowed by law. C. Broker agrees that if it is unable to reduce the City's overall insurance premium by over Seventy-Five Thousand Dollars($75,000.00)in the first year of coverage without compromising coverages, limits or deductibles,the difference in the projected savings will be offset from the Broker's fee,but in no event, shall Broker's fee be reduced below zero. 7. Termination. Either party may terminate this Agreement by giving the other party one hundred twenty(120)days written notice. 8. Amendment. The terms of this Agreement can only be amended by written agreement between the parties hereto. 9. Assignment. Neither City nor Broker shall assign or transfer its interest in this Agreement without the written consent of • the other. 10. Compliance With Laws. In the performance of this Agreement,the parties shall abide by and conform to any and all applicable laws of the United States, State of Missouri, and ordinances,regulations and policies of the City of Jefferson,Missouri. 11. Professional Liability Insurance. Broker shall maintain throughout the term of this Agreement professional liability errors and omissions insurance with coverage with limits in amounts not less than One Million Dollars($1,000,000.00).Broker shall furnish to City a certificate issued by Broker's professional liability insurance carrier, showing that the above-mentioned insurance has been issued and is in full force and effect;and providing thirty(30)days'written notice to the City prior to any cancellation, termination, non-renewal, or reduction of said insurance. 12. Hold Harmless. Broker agrees to defend, indemnify and hold harmless the City, its officials, employees, representatives and volunteers from and against any and all claims,demands,defense costs or liability of any kind or nature arising out of or in connection with the Broker's negligent performance,or negligent failure to perform,under the terms of this Agreement. It is understood the insuring contracts may include provisions that failure to provide timely information may void coverage and/or prohibit Broker from providing proper coverage. This is not the responsibility of the Broker. 13. Complete Agreement. • This Agreement shall be the entire Agreement between the parties and shall supersede any written or oral communication between the parties. C:\traci\wntraeta\prof services\sedgwick of mo\contract 1998-final-wpd - 4- 14. Insuring Contracts. • This contract does not precede any provisions included in the issued insuring contracts. 15. Notice. All notices required to be in writing may be given by first class mail, faxed or hand delivered with receipt, addressed to City of Jefferson, c/o City Clerk and/or c/o the Director of Human Resources, 320 East McCarty Street, Jefferson City, Missouri, 65101; and Sedgwick of Missouri, Inc., 2600 Grand Boulevard, Suit 300, Kansas City,Missouri, 64108. The date of delivery of any notice shall be the date of actual receipt or,if mailed, the second full day a,fter the day of its mailing. EXECUTED this "day of June, 1998. CITY OF JEFFERSON, MISSOURI SEDGWICK OF MISSOURI, INC. LO C. Mayor Coorate Officer J res E. Collins, Exec. V—P ATTEST: ATTEST: • City Cler Ti e APPROVEWOO qty Couns • C:\trnci\wntracLv\proCaervicea\sedgwick of mo\contract 1998•fiml.wpd - 5 ATTACHMENT A • LINES OF COVERAGE PROPERTY(Including Buildings, Personal, EDP, Earthquake, Inland Marine, Crime) GENERAL LIABILITY AUTOMOBILE PUBLIC OFFICIALS LIABILITY POLICE PROFESSIONAL LIABILITY BOILER &MACHINERY BOND FLOOD WORKERS' COMPENSATION (at City's option) AIRPORT • C:\traci\contracts\prof services\vedt,�vick of mo\cantract 1998-fmaLwpd