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HomeMy WebLinkAboutRes1966-564 r RESOLUTION NO. 564 BE IT RESOLVED that the form of Contractual Agreement for Insurance for The City of Seward dated October 1, 1966, attached hereto and made a part hereof, be and is hereby approved, and the Mayor for the City Manager and the City Clerk-Treasurer are hereby instructed to enter into such Agrement with Rupert C. Kulin d.b.a. Rupert C. KUlin General Insurance as authorized by the City Council on October 3, 1966: and BE IT FURTHER RESOLVED that the City and said Rupert C. Kulin shall forthwith complete the qualification requirements: and BE IT FURTHER RESOLVED that the name of Tom P. Smith d.b.a. Smith's Insurance shall be inserted in the first blank of Section 9 of the Agreement, and the mme of Harry West d.b.a. Harry West Insurance Agency shall be inserted in the second blank. This Resolution shall be effective on the date of passage and approval. Passed and approved this 17th day of October , 1966. tl;/,2~ R. W. Ki kpatrick Mayor .C?61/{2))!' e<'" oM" J;:V} yP t~~V~~f, 1"/ ,S [,,01\ \~~ Attest: ~-&'1L; ce SL ~ ~ Beatrice E. Watts City Clerk-Treasurer If'il', )':1 '. )f; ;- -J-, ~J} -,:"';1 ./. . 1':.,- ,:l-r 1-\1 J ; ~ c"n: . ~:': j' .~; .' :: . " , J. ::: 6fT f' ; ',;, ':! ~."'n.f. ,:-. ; :.{;T '~i: [: (: ., 1[': L , .t ~., ;~: \,' ;1 ;:.c ~,f1 :.:' ;1- 'f ~L'C:td " ), ,\ r ;~j! i ~.-:' ( " ,f '~, " )1. V t : t,) f:- ,) , ~ . "-i. , \",' f) ('. ~ ~ I ;;.. -' ,':'j .,. r~ ';) ~ ,"f.;:;' at1ld. c..jtR~ 17) 1/ /~/<-~! P<J 7l-c' ~~ cl4JJ (l~a1f?.cC lott 7/ r; 7 '7<-'--/ )&r~ '. I2rJ .J -z, 'i i d..l j.v WHEREAS, The city of seward desires to have adequate insurance -~~3 coverage for all of its liabilities and responsibilities: and ~/ WHEREAS, divided responsibility may lead to additional cost and ct(a~ inadvertent blank spots in the coverage: and ~~;f ,j-vv ?1 it-~ WHEREAS, The city of Seward desires to treat all insurance agents ~~ in the city in a fair manner: ~ - uxl F cV'-:J L~t i &/.J , . /1.-<J ' ft.'! Cd! ' /' CONTRACTUAL AGREEMENT FOR INSURANCE FOR THE CITY OF SEWARD NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. The city of Seward will place through Rupert C. Kulin d.b,a. Rupert hereinafter referred to as the "prime all of its insurance coverage C. Kulin General Insurance, Agent If . 2, The Prime Agent will place the City's insurance only in companies rated both A+ and AAAA according to Bests Annual Insurance Reports, or in companies acceptable to the City. The City reserves . the right to specify any company for a portion of the insurance \~, until such time as existing agreements are terminated. The city also tt~~ reserves the right of objectio~ to certain insurance companies or . \y,JJ'-P ~ general agents for reasons of 11:S own. ~~~~}1~ 3. 'rhe city will make payment of all premiums to the Prime Agen~./ V- J The Prime Agent wj..2;:I.t5o'l?B,~~) the commission quarterly on premiums ) JI'1.. J' '. j).a~d and return ~ ~ percent of the commission to the ~ \'~~~V ~~TOJr distribution to the other agents according to the following t,1I II',V;; ~r--~ schedule and formula: ~\f'" t{ lL \ (8) These "other agents" to qualify for their specified per- centage of the commissions must agree to cooperate with the "prime agent" and to refrain from public criticism of the "prime agent" or the City in city insurance matters. Any just criticism of the city's insurance program may be presented in writing to the City Manager or in writing to the City Council. The Other Agents acceptance of such conditions shall be indicated by their signatures hereon. (b) The ~ ~) percent of the buted equally among the three "other such business in Seward upon signing t~ ~3 l~ to Pat R. Williams d.b.a. Agency: Tom P. Smith d.b.a. Smith's Insurance & 1..1 I~lal. Harry west d.b.a. Harry West Insurance Agency. commission shall be distri- agents" presently conducting acceptance of this Agreement: Pat R. williams Insurance 1""3 '(3 ~ to I ~ ,( to _3 (c) Should one of these three for any reason be unwilling or unable to accept or fail to qualify for its portion of the commis- sion, the commission will be split between the other two during the time, and only during the time that the one agent is unwill- ing, unable, or fails to qualify. ~ J (d) This percenta~e of the commission is to the agency and not to the individual. Should an agency be sold to another, this percentage will go to the new owner of that agency. even though the name may be changed. ~9uld 9ft~;Vf these agencies cease to exist, the split will be ~ t! percent each to the remain- ing age~~~~. Should two of these agencies cease to exist, 1oW~uLy ~l percent will go to the remaining agent and ai ]hty ,~ ~) percent to the Prime Agent handling the contract. ~~d~ _ 1 _ r- d;#ZLfD2-1.. p I (~'.~ 7//&/c? 10j~:.J (e) Should the Prime Agent's agency be sold, the agent replac- . ~1 ing the Prime Agent may be asked to carryon this Agreement. However, the City reserves the right to make another determination should it so desire. Should the Prime Agent's agency cease to exist for any reason, this contractual Agreement shall be deemed to have been terminated, and the City will make another agreement or other arrangements for its insurance. (f) Any new insurnace agency established in Seward will not participate in any way in the insurance program or the commissions therefrom during the period of this Agreement but may be consid- ered for any extension or renewal thereof. 4. The City will inform the Prime Agent in writing of its desires on insurance cover~ge as to limits, types and additions to policies in force. 5. The Prime Agent will evaluate such requests and should they appear to be incomplete or inadequate or not in the best interests of the City, then the Prime Agent will notify the City with recommenda- tions and request instructions. After such notification and recommen- dations, the City's instructions will be followed and the Prime Agent's responsibility will be limited to following the instructions. 6. This Agreement will be in force for a period of three (3) years starting on October 1, 1966. 7. The Prime Agent shall conform the City's insurance program to the Insurance Survey and Recommendations of 1961 by Mr. Joseph Sheahan, Insurance Consultant for the City at that date, or to any subsequent survey and recommendations by an insurance consultant or specialist when accepted and approved by the City Council, except as otherwise provided for herein. 8. The Prime Agent will be responsible to keep the City informed of expiration dates in sufficient time to receive instructions on re- newals. The Prime Agent will also be responsible to keep the City informed on any new types or special provisions whereby the city may obtain equal coverage at less cost, or better and more complete coverage. 9. To implement the third premise of this Agreement the following sequence of rotation of "prime agent" position is hereby established: r~~wr~~:~~t~~williamz Insurance Agency 10/1/61 - M 9/30/66 4~{ Clr::.~ Rupert C. Ku.lin General Insu~ance 10/1/66 - M 9/30/69 I~~ p....D......c-<d d&0 ~ a--'~W<F<.c 10/1/69 - M 9/30/72 -1kA""-I W~ J.t. '" '1.L"-"'-I'7..1hd:~'4....u....drflO/l/72 - M 9/30/75 and thereafter repeating the cycle in three (3) year terms. In the event an agent is not eligible to accept the contract when it is his turn, for reasons other than inability to place the insurance or inability to qualify as otherwise required herein, he and the next agent in order would exchange places in the sequence of rotation. 10. So that the City may be assured the Prime Agent it names has the necessary capacity and qualifications, the city shall give sixty (60) days written notice to the agent next in the sequence of rota- tion of the ~~ounts of coverages required. Said next agent shall guarantee in writing that he has this capacity in companies described under paragraph 2 of this Agreement, and said agent shall file with the City Clerk a performance bondfuaranteeing same not less than fifteen (15) days p~ior to the co encement of his term. -2 ~-t4a..y~1 F~l}u~~ cd vu, , I tn. ($ ~ j <9 so) ,iLJ.Id..-UV r contractual Agreement for Insurance for The City of Seward Page 3 of 3 t'df;i {ju-~ a--d, !:Jz /zI: iJ /lf~ . ~, ~(" ~~ This Agrement signed this ____ day of , 1966. RUPERT C. KOLIN GENERAL INSURANCE By THE CITY OF SEWARD By By Beatrice E. Watts City Clerk-Treasurer This contract was awarded to Rupert C. Rulin d.b.a. Rupert C. Rulin General Agency at the regular meeting of the Seward City Council on October 3, 1966, and the modified form of contract was approved at the regular meeting of the Seward City Council on Beatrice E. Watts, City Clerk-Trease I hereby indicate my acceptance of the foregoing terms of this Agreement: Pat R. Williams d.b.a. Pat R. Williams Insurance Agency Tom P. Smith d.b.a. Smith's Insurance and Real Estate Harry West d.b.a. Harry West Insurance Agency 3