HomeMy WebLinkAbout1981-04-21; City Council; Resolution 65011
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION rdo. 6501
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSSAD
INSURANCE BROKERAGE SERVICE. AND CAL-SURANCE ASSOCIATES, INC. FOR
The City Council of the City of Carlsbad, California, does hereby
resolve as follows;
1. That certain agreement between the City of Carlsbad and Cal-Surance
Associates, Inc. for insurance brokerage service, a copy of which is attached
hereto marked Exhibit "A" and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 21st day of April , 198-
by the followfng vote, to wit:
AYES: Council Menhers Packard, Casler, hear, IRwis and Kulchin
NOES: None
ABSENT: None
1- RONALD C. PACKARD, Mayor
ATTEST:
(SEAL)
t
Exhibit "A"
Resolution No. 6501 e e
AGREEMENT BETWEEN THE CITY OF CARLSBAD'
AND CAL-SURAfiCE ASSOCIATES , I NC. FOR PERSONAL SERVICES
(INSURANCE BROKER) -.
THIS AGREEMENT, entered into this 23rd day of April ,
1981, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "CITY", and CAL-SURANCE ASSOCIATES, INC., hereinafter referred to as
"BROKER. I'
W I T N E S S ET H:
WHEREAS, CITY has need of insurance brokerage services for the placement
and purchase of insurance for the CITY: and
EIHEREAS, CITY desires to engage the services of an insurance broker to
provi de these servi ces ; and
WHEREAS, BROKER is a licensed insurance broker and has the experience .
and specia!ized knowledge required to perform this function; and
WHEREAS, for and in consideration of the mutual obligations hereby
assumed, and the performance of the acts hereinafter set forth;
. NOW, THEREFORE, the parties hereto agree as follows:
7. PURPOSE:
property, casualty and inland marine insurance required by the CITY,
BROKER agrees to: arrange for the placement and purchase of all
and' agrees further to provide to CITY during the term of this Agreement
all .services hereinafter set forth.
2. INSURANCE BROKERAGE SERVICES: BROKER agrees to perform to the satisfaction _.
1
-
-t
of the CITY, the following services;
a) Conduct all necessary research and investigation on insurance
markets available for the placehent of 'CITY insurance programs. '1
b) As may be required, put CITY insurance policies out to bid to
. “e)
3.
4.
5.
6.
competing insurance carriers based on informatidn provided and researched
by CITY.
Negotiate and arrange for the purchase of such insurance as may be
authorized by CITY.
Act as liaison between CITY and insurance carriers in handling any disputes
..
re1 ating to cl aims, service or coverage problems.
Work with the CITY in analyzing and reviewing CITY insurance programs,
recommending on alternative methods of handling exposures and advising on
coverage exclusions and other problem areas.
COMPENSATION: Insurance brokerage commissions or fees included in premilrms
payable to BROKER shall not exceed the current commision rate payable by
each insuror for like business, and, subject to an annual minimum of $6,500,
shall in no event exceed seven percent (7%) of total premiums payable unless
authorized in advance by the CITY.
CITY a-full report and accounting of all commissions received.
- TERM: This Agreement shall take effect at 12:Ol a.m. ADril - 22 1981
and shall be automatically renewed on April 22, each year thereafter
BROKER shall upon request, provide to the
unless and until otherwise terminated as hereinafter provided. -
LICENSES:
maintain in force, all’licenses as may be required by the California
Department of Insurance or any other agency for the performance of services
pursuant to this Agreement.
HOLD HARMLESS: BROKER will
from all and any cost, expense, or liability for damages on account of
BROKER agrees at all times during the term of this Agreement to
indemnify the CITY against and hold it harmless ..
.
. -,
d
e 0
injury or death -. to persons or damage to property resulting from or
arising out of or i.n any way connected w-ith the performance by BROKER
of this Agreement, including the defense of any action arising therefrom.
BROKER will indemnify, hold harmless and defend the CITY for all costs,
expenses and losses incurred by CITY as a result of any claims, demands
or causes of action arising out,of the performance by BROKER of this '
Agreement which may be brought against CITY by any person.
7. INSURANCE:
BROKER agrees at all times during the term.of this Agreement to
maintain in force comprehensive
insures BROKER in the amount of
against any loss or damage as a
acts or acts by Service Agent.
General Li abi 1 i ty insurance which
One Mi.11 ion Dollars ($1,000,000)
result of wrongful or negligent
BROKER agrees to maintain in force at all times during the term.
of this Agreement, Workers' Compensation .Insurance as required by
law.
In addi ti on to general 1 i abi 1 i 'ty insurance required herein , BROKER
agrees to maintain in force at all times during the term of this
Agreement, Professional Liability Insurance in the amount of One
Million Dollars ($l,OOO,OO) which .shall provide 'coverage for any
damages or losses suffered by CITY'as a result of any error or
omission or neglect by BROKER which arises out of the professional
services required by this Agreement: -.. Insurance policies shall provide that the insurance coverage shall
not be. cancelled or reduced by the insurance carrier without CITY . -.
,
t
e 0 <
having been given thirty (30) days prior written'notice thereof by such
carrier. BROKER agrees that it will not cancel or reduce said insurance
coverage. .
e) At all times during the term of this Agreement, BROKER shall maintain
on file with the City Clerk a certificate of the insurance carrier or
carriers showing that the aforesaid policies are in effect in the amounts
above provided, and that the policies cannot be 'cancelled or reduced
except on thirty (30) Gays notice to CITY.
8. RELEASE OF INFORMATION BY BROKER: Any reports, information or other data,
prepared or assembled by the BROKER under this Agreement shall not be
made available to any individual or organization by the BROKER without the
prior written approval of the CITY. ..
9. CANCELLATION:
during the term of this Agreement upon ninety (90) clays prior written
notice.
This Agreement may be cancelled by either party at any time
' 10. CONTRACT ADMINISTRATOR: The Assistant City Manager/Administration is
designated as the Contract Administrator for CITY: provided, however,
*the designation may be changed by the City Manager by letter to BROKER.
11. SUCCESSORS AND ASSIGNS:
specific and unique nature and BROKER shall not assign, sublet nor transfer
its interest in this Assignment without the prior written consent'of CITY.
Thi s Agreement' covers professional services of a
. 12. CONFLICT OF INTEREST: BROKER agrees not to accept any employment during
the term of this Agreement by any other person,'firm or corporation which
employment is or may likely develop a conflict of interest bktween CITY'S
interests and the interest of third parties. "Conflict" as used herein
shall be defined and interpreted in accordance with Section 1090 of the
Government Code.
13. INDEPENDENT CONTRACTOR: BROKER shall perform a1 1 services hereunder as
an independent .con.tractor. Neither BROKER ndr any person associated
with him in the performance of said services shall be considered an
employee of CITY.
IN MITNESS WHEREOF, the parties' hereto have executed this Agreement the
day and year first above .written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of *
RONALD C. PACKARD, Mayor
ATTEST:
CAIJ-sma ASSOCIATES, INC.
I r
AidP
City Attorney
, -- t 1 B -c
,
?