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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 , ?