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HomeMy WebLinkAboutRes1991-131 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 91-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING A CONTRACT TO CORROON AND BLACK TO PROVIDE INSURANCE AND RISK MANAGEMENT SERVICES TO THE CITY WHEREAS, Corroon & Black has been the city'S insurance broker for at least eight years; and WHEREAS, during this time, Corroon & Black has placed policies for virtually all of the city's lines of coverage; and WHEREAS, since July 1, 1988, when the city joined the Alaska Municipal League's Joint Insurance Association (JIA), the city has not had broker representation for the lines of coverage provided by the JIA; and WHEREAS, for the past two years, Corroon & Black has provided risk management services to the city under a separate contract; and WHEREAS, the city desires to renew this contract for an additional two years; and WHEREAS, funds are available for this contract within the city's insurance budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to execute a contract with Corroon & Black to provide insurance broker and risk management services to the city of Seward for an annual fee of $25,000. A copy of the agreement is attached and incorporated herein by reference. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 14th day of October, 1991. THE CITY OF SEWARD, ALASKA 6~~ 1J. ~ Beverly Dunham, Vice Mayor -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-131 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Burgess, Crane, Dunham, Krasnansky, Swartz & White None Cripps None APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska . . (City Seal) 7~rv~ Fred B. Arvidson City Attorney -2- I ( . . . ('1(- AGREEMENT FOR INSURANCE BROKER AND RISK MANAGEMENT SERVICES between city of Seward, Alaska P.O. Box 167 Seward, Alaska 99664 (Hereinafter referred to as "CITY") and Corroon & Black, Inc. 4220 B Street Anchorage, Alaska 99503 (Hereinafter referred to as "BROKER") Effective Date: July 1, 1991 Term: July 1, 1991 to June 30, 1993 WHEREAS, the CITY is a political subdivision of the state of Alaska which has entered into a Cooperative Participation Agreement with the Alaska Municipal League Joint Insurance Association for joint insurance arrangements; and WHEREAS, the Alaska Municipal League Joint Insurance Association (hereafter, the "JIA") is a nonprofit corporation organized in the state of Alaska for the purpose of enable Alaska local governmental entities to join together for pooling risks, self-insurance management, joint purchase of excess insurance and reinsurance, claims administration, loss prevention and control, defense against claims and other related risk management services on behalf of its members as authorized by Alaska Statutes; and WHEREAS, the BROKER, subject to the requirements imposed upon the BROKER by law in the state of Alaska, is desirous of assisting the CITY wi th certain risk management and insurance brokerage services as provided in this Agreement; and WHEREAS, the CITY is desirous of appointing the BROKER as its alternate representative to assist with its responsibilities to the JIA and its "Broker of Record" with regard to insurance placements which are not available through the JIA. NOW, THEREFORE, it is mutually agreed as follows: 1.00 Designation of Broker by city. The BROKER is hereby appointed the "Broker of Record" by the CITY for the purposes of this Agreement. SEWARD. DOC/PJCT3 1 2.00 Term of Agreement. This Agreement shall become effective on July 1, 1991 and shall continue for two (2) years unless amended, canceled, nonrenewed, or otherwise terminated in accordance with this _ Agreement. 3.00 Scope of Broker's Services. The BROKER shall assist the CITY with its responsibilities to the JIA as defined in the Bylaws of the JIA and the cooperative Participation Agreement between the CITY and the JIA, a copy of which is incorporated here in by referenced as if fully set forth in this Agreement. The BROKER shall also serve as the CITY's "Broker of Record" for placement of lines of insurance coverage which are not provided by the JIA. 3.10 Responsibilities of the City to the JIA. The CITY's responsibilities to the JIA, as defined in section 14 of the Cooperative Participation Agreement, include the following obligations: 3.11 The governing body of each PARTICIPANT shall appoint a representative as provided in Article 5, section 2 of the Association Bylaws, and at lease one alternate representative to attend Members' meetings. The Finance Director shall to the JIA: the BROKER Alternate Representative. be the CITY's representative shall serve as the CITY's 3.12 Each PARTICIPANT shall appoint an employee of the PARTICIPANT to be responsible for the risk management function within- that entity, and to serve as a liaison between the PARTICIPANT and the JIA as to risk management. The Finance Director shall be responsible for the CITY's Risk Manaqement Functions. 3.13 Each PARTICIPANT shall maintain an active safety officer and safety committee, and shall comply with all recommendations of the JIA concerning the development and implementation of a loss control policy to prevent unsafe practices. The Enqineerinq Manaqer shall be the CITY's Safetv Officer. 3.14 Each PARTICIPANT shall maintain its own set of records, as a log loss, in all categories of loss to ensure accuracy of the JIA's loss reporting system. 3.15 Each PARTICIPANT shall pay its premium and any readjusted amount promptly to the JIA when due. After withdrawal or termination, each PARTICIPANT shall pay promptly to the JIA its share of any additional premium and accrued interest at a rate determined by the JIA's Board of Trustees under Section 21 or 22 of the Cooperative Participation Agreement. SEWARD. DOC/PJCT3 2 1 ~ . . . . 3.16 Each PARTICIPANT shall not enter into an agreement to purchase insurance for the risks as to which insurance is provided by the JIA for coverage during the period that said PARTICIPANT is a member of the JIA program, This reauirement shall apply to the followina coveraaes from July 1. 1991 throuah June 30. 1993: General Liability: Workers' Compensation and Employer's Liability: Auto Liability: Police Professional Liability: Public Official Liability: Property and Employee Dishonesty Insurance. Coveraaes presently procured bY the CITY independent of the JIA are: Marina Operator's Leaal Liability: Hull and Machinery and Protection and Indemnity: Excess Marina Operator's Leaal Liability: Syncrolift Dock/Rail Transfer System and Eneray Systems Policy (Boiler & Machinery). It is recognized and understood that some lines of insurance coverage may be less expensiye on a periodic basis, but the purpose of this requirement is to access markets for the JIA's reinsurance coverages and to enable potential savings due to the joint buying power of the members. 3.17 PARTICIPANTS shall treat amounts payable to the Association pursuant to the Cooperatiye Participation Agreement as operating expenses payable from general operating revenues, but not from taxes, in those jurisdictions where obligations paid from tax sources may require voter ratification. 3.18 Each PARTICIPANT shall in any and in all ways cooperate with and assist the JIA, and any insurer of the JIA, in all matters relating to the Cooperatiye Participation Agreement and covered losses, and will comply with all bylaws, rules, regulations and policies adopted by the JIA's Board of Trustees. 3.20 Broker's Responsibilities. The BROKER shall assist the CITY with its risk management functions and its responsibilities to the JIA and other insurers by providing the following specific services: 3.21 Collect and submit the last fiye years of premium and loss experience on all lines of insurance coverage placed independent of the JIA and continue to keep it updated on a quarterly basis. SEWARD. DOC/PJCT3 3 3.22 Review the extent of the CITY's exposure to liability and property damage losses. Review the adequacy of self insurance reserves and each existing policy of insurance at least 90 days prior to renewal or expiration. Keep the CITY informed as to key terms and conditionE of coverages, endorsements and exclusions that specifically apply to the CITY's exposures. 3.23 Provide an annually adjusted statement of values for all ci ty property to be insured in January of each year. Collect and submit other statistical data which may be required from time to time by the JIA, any insurer of the JIA, other insurers, bond underwriters, and the Alaska Division of Insurance. 3.24 Request early confirmation of insurance policy renewals and any changes in premiums, limits, exclusions and deductibles. 3.25 Where coverages are not provided by the JIA, serve as the CITY's broker of record to market, apply for, and place other coverages as directed by the CITY. Approach insurance companies and apply for coverages to be provided on behalf of the CITY on forms to be provided by the insurance companies. 3.26 Present written findings and recommendations based upon actions taken to procure insurance, including information about: insurance markets contacted; premiums quoted; insurance company ratings, differences in key terms and conditions of coverages, endorsements and exclusions that specifically apply to the CITY's exposures. 3.27 Make recommendations as to required insurance coverages applicable to contracts, leases and other third party agreements of the CITY. Assist the CITY's risk manager in the review of contracts, leases and certificates of insurance to assure that required coverages are secured prior to award and/or execution of contract documents. 3.28 Serve on the CITY's safety committee and as the CITY's alternate representative to the JIA. The safety committee will meet on a quarterly basis. Meetings of the JIA will be held at least once a year in connection with the Alaska Municipal League Conference. Assist the CITY's risk manager to comply with recommendations of the JIA concerning the development and implementation of a loss control policy to prevent unsafe practices and liability exposures. 3.29 Act as liaison assist in coordinating the adjustment of claims in cooperation with adjuster and defense attorneys retained by the JIA and other insurance companies. Keep the CITY informed as to the status of claims. SEWARD. DOC/PJCT3 4 . . . 4.00 compensation 4.10 Fee. The CITY shall pay the BROKER a lump sum fee of $25,000 per year as compensation for services provided pursuant to this Agreement. This fee includes expenses for reports, reproductions, telephone, local travel expenses and all other expenses incidental to this Agreement as described in Section 3.00. The CITY shall reimburse BROKER for the actual expense of transportation, meals and lodging for travel to destinations outside of Southcentral Alaska in the performance of this Contract, provided BROKER has obtained the prior written approval of CITY for said travel. 4.20 Payment. Payment shall be due on July 31st of each year. The lump sum fee shall be payable to the BROKER in one payment each year. 4.30 Commissions. The premiums on all lines of insurance coverage shall be billed to the CITY "net" of any commission. Should the BROKER receive a commission from any insurance company, it shall be promptly refunded to the CITY. 5.00 JIA Business Procedures. On coverages placed with the JIA, the following provisions will apply: 5.10 An "Exposure/Rating Questionnaire" shall be completed and submitted to the JIA by the end of January of each year. 5.20 The JIA shall be responsible for all marketing and placement of General Liability Insurance; Workers' Compensation and Employer's Liability Insurance; Auto Liability Insurance; Public Officials' Liability Insurance; Police Professional Liability Insurance; and Property Insurance. 5.30 The JIA shall be responsible for actuarial services, development of rating systems and premiums, premium audits, purchase of excess lnsurance and reinsurance, Claims administration, defense against claims and monthly loss reports for its coverages through its designated third party contractors. The JIA shall also assist the CITY with its loss prevention and control program. 5.40 The JIA shall distribution of policy collection. In addition, notices required by law. be responsible for developing, printing forms and for all premium billing the JIA shall be responsible for sending and and all 5.50 When transmitting policies, endorsements, premium notices, cancellation notices and other communications to the CITY, the JIA will be asked to clearly and prominently identify the BROKER by name as the CITY's "Broker of Record" and send copies to the BROKER. The BROKER shall have access at all reasonable times to the CITY's books and records for the purpose of determining any fact relating to coverage place with the JIA. SEWARD. DOC/PJCT3 5 6.00 Cancellation of Insurances. Nothing in this Agreement shall be construed as limiting or restricting the right of the CITY to cancel any binder, policy or contract of insurance issued under this Agreement in accordance wit the cancellation provisions of such binder, policy or contract. The BROKER shall not be entitled to credit for any flat cancellation. 7.00 Claims. The BROKER shall immediately notify the JIA and the CITY of all claims, suits and notices of loss and agrees to cooperate fully with the JIA and the CITY to facilitate the investigation, adjustment, settlement and payments of any claim when and as requested by the JIA, and under any procedures as may be agreed from time to time. 8.00 Ownership of the Business. The CITY recognizes the independent ownership by the BROKER of the insurance services subject to this Agreement; however, in the event it becomes necessary to cancel this Agreement by reason of violation by the BROKER of any of the provisions of this Agreement, before or after termination, the use and control of expirations shall be vested in the CITY insofar as they may be necessary to satisfy the interest of the CITY. 9.00 External Communications. The BROKER shall not issue or cause to have issued any letter, circular, pamphlet or other publication or statement relating to coverage placed with the JIA or other insurance companies, without the express written consent of the CITY. In the event the CITY shall be subject to loss or expense arising out of any unauthorized advertisement, publication or statement of the BROKER- relating to the CITY's insurance coverages, the BROKER shall be liablE for all resulting damages and costs. 10.00 Inspection and Audit. The CITY or its duly authorized representatives may inspect or audit any insurance bound hereunto, or the subject matter thereof. The BROKER shall cooperate with the CITY and the JIA and, at the CITY I S request, assist the JIA in the inspection or audit of any records related to the subject matter of this Agreement. 11.00 Compliance with statute. The BROKER warrants compliance with all applicable laws governing the conduct of his business which is the subject of the Agreement. BROKER warrants that he is duly licensed by the Division of Insurance for the state of Alaska as a resident broker and resident surplus lines broker. 12.00 Cancellation of Agreement. This Agreement may be canceled at any time by any party giving written notice to the other at least 90 days prior to July 1 of each year. After the date of cancellation of this Agreement, the JIA and the CITY's other insurers may complete the premium collection and account to the CITY for all premiums and other transactions unaccounted for on the date of cancellation or arising thereafter in respect of outstanding insurances. In the case the CITY shall find it necessary to perform any duty otherwise required of the BROKER under this Agreement, the BROKER shall be liable to the CITY for all costs incident thereto. SEWARD. DOC/PJCT3 6 . . . 13.00 Authority of Broker. The BROKER is an independent contractor and not an employee of the CITY. The BROKER shall have exclusive control of his time and the conduct of his agency. The BROKER is acting as an agent for the CITY, rather than an agent of the JIA or other insurance companies. BROKER has no authority, unless specifically agreed to, to bind coverage on behalf of the CITY without written authorization from the City Manager acting on behalf of the ci ty Council. 14.00 Records and supplies. BROKER agrees that all materials and supplies furnished by CITY will remain the property of the CITY and shall be returned promptly upon demand. 15.00 Indemnification by city 15.10 The CITY agrees to indemnify and hold harmless the BROKER from and against any claims or civil liabilities caused by or resulting from any of the following, except to the extent the BROKER, by his own acts or omissions, has caused, contributed to or compounded the error or failure resulting in the claim or liability: 15.11 Error of the JIA or other insurance companies in processing or handling of billings placed by the BROKER. 15.12 Failure of the JIA or other insurance companies to comply with the requirements of the Fair Credit Reporting Act, Federal Truth in Lending Act, Fair Credit Billing Act, privacy and unfair claim settlement laws. 15.13 Failure of the JIA or other insurance companies to comply with the requirements of any other law where the BROKER is using forms supplied by others or following instructions or procedures established by others. 15.20 The CITY shall reimburse the BROKER for any legal or other expenses reasonably incurred by the BROKER in connection with investigating or defending any such claim or liability described in section 15.10 of this Agreement; provided the BROKER promptly notifies the CITY when it receives notice of the commencement of any action relating to such claim or alleged liability, and the CITY shall be entitled to participate in such action, or to assume the defense of such action with counsel satisfactory to the BROKER. If the CITY assumes the defense of any such action, it shall not be liable to the BROKER for any legal or other expenses subsequently incurred by the BROKER in connection with such action. 16.00 Indemnification by Broker. BROKER agrees to indemnify and hold harmless the CITY from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of the BROKER. SEWARD. DOC/PJCT3 7 17.00 Broker's Insurance 17.10 Coverages. BROKER shall, at all times, at its own expense, keep- in force the following described insurance for protection against thE claims of employees or other persons, insuring the BROKER against liability that may occur in connection with the performance of BROKER under this Agreement: 17.11 Insurance in at least the required statutory amounts covering claims under Workers I compensation, disability benefits and other similar employee benefit acts; and 17.12 General Liability Insurance covering bodily injury, death, and property damage with a combined single limit of not less than $1,000,000 each occurrence and $2,000,000 in the aggregate; and 17.13 Professional Liability Insurance in an amount of not less than $1,000,000 each claim and $2,000,000 in the aggregate. 17.14 The CITY shall be named as an "Additional Insured" with respect to the General Liability Insurance. 17.20 Insurance certificates. Insurance coverages specified in this section shall be placed with an insurance carr1er or carriers satisfactory to CITY and shall not be subject to cancellation except after thirty (30) days written notice to CITY. BROKER will promptly notify the CITY of any material change in the insurance policies and/or depletion of aggregate coverages. A certificate of Insurance reflecting full compliance with the insurance coverage requirementE shall, at all times during the term of this Agreement, be kept on deposit at the general offices of CITY. If BROKER fails to comply with these insurance requirements the CITY may terminate this Agreement on thirty (30) days written notice. 17.30 Maintenance of coverage. The BROKER covenants to maintain all insurance policies required in this Agreement for the period of time in which a person may commence a civil action as prescribed by the statute of limitations. The coverage required by this Agreement shall cover all covered claims arising in connection with the performance of the BROKER under this Agreement, whether or not such claim is asserted during the term of this Agreement and even though judicial proceedings may not be commenced until after the expiration of this Agreement. 17.40 Coordination of coverages. All general liability, property damage, and other casualty insurance policies shall be written as primary policies; they shall not be contributing with, or in excess of, any insurance coverage that the CITY may otherwise carry. 18.00 Governing Law/Venue. This Agreement shall be construed in accordance with and be governed by the laws of the State of Alaska. The venue of any legal action between the parties arising as a result of this Agreement shall be laid in the Third Judicial District of the State of Alaska at Seward. SEWARD. DOC/PJCT3 8 19.00 Amendment. This Agreement may be amended at any time by the mutual written agreement of all the parties. . 20.00 Prohibition Against Assignment. This Agreement may not be assigned without mutual agreement of both parties. 21.00 Notices. Notices shall be sufficient if mailed to the address listed on this Agreement. A party may change such address from time to time by providing written notice of such change to the other party. 22.00 Personnel. It is mutually agreed that Ward Livingston shall serve as principal account representative to coordinate the risk management and insurance brokerage services rendered pursuant to this Agreement. BROKER agrees to furnish such other personnel necessary for expeditious and satisfactory performance of this Agreement, each to be competent, experienced and well qualified for the work assigned. No person objected to by the CITY shall be employed for work hereunto. 23.00 Agreement complete. This Agreement, along with the documents incorporated by reference herein, constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by authorized officials thereof on the date indicated adjacent to their names. of the City of Seward at . APPROVED AND AUTHORIZED ~y the city council its regular meeting on {/~ /~ I;V I (ilE~~. 91-1)'1 CITY OF SEWARD, ALASKA /.?-/~ - 'I (DATE) ATTEST: SEWARD. DOC/PJCT3 BROKER BY. APPROVED AS TO FORM: PERKINS COIE, Attorneys for the City of Seward, Alaska 7~N~ Fred B. Arvidson City Attorney 9