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HomeMy WebLinkAboutContract 30145 CITY SECRETARY CONTRACT NO. BROKER CONTRACT STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, Section 252.024, Texas Local Government Code, allows the City of Fort Worth to select, without competitive bidding, "a licensed insurance broker as the sole broker of record to obtain proposals and coverages for excess or surplus insurance that provides necessary coverage and adequate limits of coverage in structuring layered excess coverages in all areas of risk requiring special consideration;"and WHEREAS, McGriff, Seibels &Williams of Texas, Inc. is a licensed insurance broker operating its business in Texas. NOW, THEREFORE, the City of Fort Worth and McGriff, Seibels & Williams of Texas, Inc. do hereby enter into the following agreement. This Contract is made and entered into by and between the CITY OF FT.WORTH (hereinafter referred to as "CITY"), a Texas municipal corporation, acting by and through Charles Boswell, its duly authorized Assistant City Manager, and McGriff, Seibels &Williams of Texas, Inc. (hereinafter referred to as"Broker"),acting by and through its Vice President,Johnny Fontenot, who is duly authorized to act. In consideration of the mutual covenants and provisions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree, and by the execution hereof are bound, to the mutual obligations herein contained and to the performance of the tasks hereinafter described. I. SCOPE OF SERVICES BROKER agrees to provide the following services: 1.1 BROKER shall work closely with CITY to develop bid requests to secure excess insurance for the CITY's insurable risks. The objective is to place Excess Insurance programs over CITY's self-insurance program in accordance with the desired retentions and limits to be designed by the CITY. BROKER shall make available to CITY all resources at its disposal to properly collect, organize and review all data placed into the bid request. 1.2 BROKER shall market CITY account to qualified excess workers' compensation and liability insurance companies. Marketing shall include,but not be limited to, assisting in the development of insurance specifications and underwriting criteria, assisting in developing Requests For Quotes from insurance companies, canvassing insurance markets, reviewing suitable manuscript policies, negotiations on behalf of CITY, consultation and professional advice on proposed changes or enhancements to the program and ongoing advisory services for the duration of the Contract concerning changes or enhancements to the program. 1.3 BROKER shall represent CITY in all phases of obtaining excess insurance. Direct negotiations with the insurance company will take place with the direction of CITY. Placement of any program of insurance will be conducted as a bid directly to insurance market underwriters. BROKER shall review bids and assist CITY in the selection thereof. 1.4 It is clearly understood that any resulting product from the Broker of Reco accepted nor bound until approved by CITY's City Council. All procure ni of'*>bs�nce shall;' be conducted in accordance with the Texas Local Government Code and all a pplicabre Taw. 1.5 BROKER shall continue to act in an advisory and consulting role to CITY for the duration of the BROKER's Contract to ensure that the insurance program accepted by CITY continues to work smoothly and effectively. BROKER may also be required to assist CITY in evaluating proposals from potential contractors for programs such as Third Party Administrator and Medical Cost Containment. 1.6 BROKER shall arrange for and coordinate an annual Claims Audit of the CITY's Third Party Administrator and the CITY's Medical Cost Containment Contractor. Final reports resulting from these audits shall be provided to the CITY's Occupational Health Manager. 1.7 BROKER shall arrange for Loss Prevention and Safety Audit Services upon written authorization by CITY'S Occupational Health Manager. These services shall include safety program evaluations, evaluation of high-risk activities, ergonomic studies and Job Safety/Hazard Analysis on specific worker activities. BROKER shall provide approximately one hundred(100) hours of these services. 1.8 BROKER shall be available to serve in a consulting capacity to CITY on insurance or BROKER related issues on such projects CITY may request, including, but not limited to identify markets for specialty coverage's for vendors or contractors doing business with CITY; reviewing contractual/lease provisions; helping CITY assess financial strength of insurance companies, risk retention and purchasing groups, captive insurers, and other non-traditional insurance mechanisms; loss settlement negotiation with primary or excess insurers if needed; attend meetings with CITY Staff or City Council as requested; reviewing new laws; assisting in reviewing claims as needed; answering loss control questions;and reviewing actuarial reports. 2 TERM AND RENEWAL 2.1 The term of the Contract shall be for a period of three (3) years January 1, 2003 and ending December 31, 2005, unless renewal and extension or earlier termination occurs pursuant to any other provision contained in this Contract. 2.2 This Contract may be renewed and extended beyond the date stated above, under the same terms and conditions, subject to the mutual agreement of the parties for two (2) additional one (1) year periods. Should the parties agree to renew this Contract, the parties shall execute an agreement in writing establishing such mutual assent and the renewed and extended term. 2.3 This contract provides a three (3) year rate guarantee at .07720 per $100 of payroll. Premium increases only based on payroll increase. 3 LICENSES AND CERTIFICATIONS 3.1 BROKER warrants and certifies that BROKER and any other person designated to provide services hereunder has the requisite training, license and/or certification to provide said service. 4 PAYMENT FOR SERVICES 4.1 The total of all payments and obligations made and incurred by CITY hereunder, in consideration for services rendered by BROKER, shall not exceed the amount of TEN THOUSAND and no cents ($10,000.00)as a Broker Fee in addition to the Excess Workers' Compensation policy premium. 4.2 BROKER agrees that all BROKER labor, supervision of work, report or document reproduction, typing, travel, insurance, communication, computer access, materials, supplies, subcontractor cost, if any, and all other BROKER expenses necessary to complete the services stated in this Contract shall be included in the cost stated in subsection 4.1 4.3 Payments t o B ROKER s hall b e i n t he a mount sh own b y t he b illings a nd o er d•ocumentation submitted in accordance with subsection 4.2 and shall be subject to CITY's ap oval. All services ' J McGriff,Seibels&Williams of Texas,Inc. J U� ✓•'•- =) Insurance Broker Contract Page 2 of 8 shall be performed to CITY's satisfaction, and CITY shall not be liable for any payment under this Contract for services which are unsatisfactory or which CITY has not approved. 4.4 CITY shall not be obligated or liable under this Contract to any party other than BROKER for payment of any monies or provision of any goods or services. V. AMENDMENT 5.1 This Contract,together with its authorizing ordinance and exhibits,if any,shall constitute the full and final agreement between the parties hereto. 5.2 Except where the terms of this Contract provide otherwise, any amendment to this Contract shall not be binding on the parties unless such amendment be in writing, executed by both CITY and BROKER. 5.3 It is understood and agreed by the parties hereto, that changes in local, state and federal rules, regulations or laws applicable hereto may occur during the term of this Contract and that any such changes shall be automatically incorporated into this Contract without written amendment hereto, and shall become a part hereof as of the effective date of the rule,regulation or law. VI. CONFIDENTIALITY 6.1 No reports, information, project evaluation, project designs, data or any other documentation developed by, given to, prepared by, or assembled by BROKER under this Contract shall be disclosed or made available to any individual or organization by BROKER without the express prior written approval of CITY. In the event BROKER receives any such request, BROKER shall forward such request to CITY immediately. 6.2 BROKER shall establish a method to secure the confidentiality of records and information that BROKER may have access to in accordance with the applicable federal, state, and local laws, rules and regulations. This provision shall not be construed as limiting CITY's right of access to records or other information under this Contract. VII. OWNERSHIP OF DOCUMENTS 7.1 All r eports,i nformation a nd other d ata p rovided b y,p repared o r a ssembled b y o r o n behalf o f BROKER under this Contract, in whatsoever form and character produced, shall become the sole property of CITY without restriction on future use. 7.2 All such reports, information or data shall be delivered to CITY upon termination or expiration of this Contract, at BROKER's sole cost and expense. 7.3 No such report, information nor data shall be the subject of any copyright or proprietary claim by BROKER. VIII. SUBCONTRACTING 8.1 Any work or services subcontracted by BROKER shall be by written contract, and unless specific waiver is granted in writing by CITY, shall be subject by its terms to each and every provision of this Contract. Compliance by subcontractor with the provisions of said contract shall be the responsibility of CONTRACTOR. 8.2 CITY shall in no event be obligated to any third party, including and subcontractor of CONTRACTOR, for performance of services or payment of fees. 8.3 BROKER will subcontract a portion of account service and claims reporting t its MINORITY'U"J PARTNER, Tricon Insurance Services,Inc. for fifteen percent(15%)of BRO R's annual fee. McGriff,Seibels&Williams of Texas,Inc. --'— Insurance Broker Contract Page 3 of 8 8.4 In accord with City of Fort Worth Ordinance No. 15530,as it may be amended from time to time,the CITY has goals for the participation of minority business enterprises and woman business enterprises in City contracts. BROKER acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation)and/or the commission of fraud by the BROKER may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three(3)years. IX. INSURANCE 9.1 Prior to the commencement of any work by BROKER under this Contract, BROKER shall furnish an original completed Certificate(s) of Insurance form to CITY's Risk Management Division and Office of the City Secretary,which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated t hereon. T he o riginal c ertificate(s)o r f orm must have t he a gent's o riginal signature, including the signer's company affiliation,title and phone number,and be mailed directly from the agent to CITY. CITY shall have no duty to pay or perform under this Contract until such certificate or form is delivered to the Occupational Health and Safety Division and the City Clerk's Office and no officer or employee shall have authority to waive this requirement. 9.2 CITY reserves the right to review the insurance requirements of this section during the effective period of the Contract and any extension or renewal hereof and to modify insurance coverage and their limits when deemed necessary and prudent by CITY's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Contract, but in no instance will CITY allow modification whereupon the CITY may incur increased risk. 9.3 BROKER's financial integrity is of interest to CITY, therefore, subject to BROKER's right to maintain reasonable deductibles in such amounts as are approved by CITY, BROKER shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at BROKER's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated A- or better by A.M.Best Company and/or otherwise acceptable to CITY, in the following types and amounts: TYPE AMOUNT 9.3.1 Workers' Compensation Statutory Employers' Liability $500,000/$500,000/$500,000 9.3.2 Commercial General(public)Liability Insurance to include coverage for the following: a. Premise/Operations Combined Single Limit b. Independent Contractors for Bodily Injury and c. Products/Completed operations Property Damage of d. Personal Injury $1,000,000 per occurrence e. Contractual Liability or its equivalent with a $2,000,000 Aggregate. 9.3.3 Business Automobile Liability a. Owned/Leased vehicles Combined Single Limit for b. Non-owned vehicles Bodily Injury and Property c. Hired vehicles Damage of$1,000,000 per occurrenc --^ with a$2, 06,006 aggr4: 9.3.4 Insurance Agents and Brokers $1,000,000 per occurrence Errors and Omissions Insurance (Claims made form) i — McGriff,Seibels&Williams of Texas,Inc. Insurance Broker Contract Page 4 of 8 9.4 CITY shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by CITY, and may make a reasonable request for deletion,revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by CITY, BROKER shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. 9.5 BROKER agrees that with respect to the above-required insurance, all insurance contracts and Certificate(s)of Insurance will contain the following required provisions: • Name CITY and its officers, employees, agents, volunteers and elected representatives as additional insureds as respect to operations and activities of, or on behalf of, the named insured performed under contract with the CITY, with the exception of the workers' compensation and errors and omissions policies; • BROKER's insurance shall be deemed primary with respect to any insurance or self insurance carried by the CITY for liability arising out of operations under the contract with the CITY; • Workers' Compensation and employers' liability policy will provide a waiver of subrogation in favor of the CITY. 9.6 BROKER shall notify CITY in the event of any notice of cancellation, non-renewal or material change in coverage and shall give such notices not less than thirty(30)days prior to the change,or ten (10) days notice for cancellation due to non-payment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to CITY at the following address: 9.7 If BROKER fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, CITY may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by CITY is an alternative to other remedies CITY may have, and is not the exclusive remedy for failure of BROKER to maintain said insurance or secure such endorsement. In addition to any other remedies CITY may have upon BROKER's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,C ITY shall have the right to order BROKER to stop work hereunder,and/or withhold any payment(s) which become due, to BROKER hereunder until BROKER demonstrates compliance with the requirements hereof. 9.8 Nothing herein contained shall be construed as limiting in any way the extent to which BROKER may be held responsible for payments of damages to persons or property resulting from BROKER's or its subcontractors'performance of the work covered under this Contract. X. INDEMNITY 10.1 BROKER covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD HARMLESS, CITY and the elected officials, employees, officers, directors, volunteers and representatives of CITY,individually or collectively,from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes o f a ction,l iability a nd s uits o f a ny k ind a nd n ature,i ncluding b ut n of 1 imited t o, personal or bodily injury or death and property damage, made upon CITY, directly or indirectly arising out of, resulting from or related to BROKER's activities under this Contract, including any acts or omissions of BROKER, any agent, officer, director, representative, employee, BROKER or subcontractor of BROKEIar and their res officers, agents, employees, directors and representatives while I ?tihe exercfse ''dt' performance of the rights or duties under this Contract, all without however, waiving any McGriff,Seibels&Williams of Texas,Inc. Insurance Broker Contract Page 5 of 8 governmental immunity available to CITY under Texas Law and without waiving any defenses of the parties under Texas Law. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. BROKER shall promptly advise CITY in writing of any claim or demand against CITY or BROKER known to BROKER related to or arising out o f B ROKER's activities under this CONTRACT and shall see to the investigation and defense of such claim or d emand a t B ROKER's cost. C ITY shall h ave t he r ight,a t i is o ption a nd a t i is o wn expense, to participate in such defense without relieving BROKER of any of its obligations under this paragraph. 10.2 It is the EXPRESS INTENT of the parties to this Contract, that the INDEMNITY provided for in this section (Section 10) is an INDEMNITY extended by BROKER to INDEMNIFY, PROTECT and HOLD HARMLESS CITY from the consequences of CITY's OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of CITY is a CONTRIBUTORY CAUSE of the resultant injury, death, or damage, and shall have no application when the negligent act of CITY is the sole cause of the resultant injury, death or damage. BROKER further AGREES TO DEFEND AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors, volunteers and representatives, in connection with any s uch i njury,d eath,o r d amage f or w hich t his INDEMNITY s hall a pply, a s set f orth above. XI. INDEPENDENT CONTRACTOR 11.1 It is expressly understood and agreed by the parties hereto that BROKER provides services under this Contract as an independent contractor, responsible for its respective acts or omissions, and that CITY shall in no way be responsible therefor. Neither party hereto has authority to bind the other or to hold out to third parties that it has authority to bind the other. XII. COMPLIANCE 12.1 BROKER shall provide and perform all services under this Contract in compliance with all applicable federal, state, and local laws,rules and regulations. XIII. TERMINATION 13.1 For purposes of this Contract, "termination"of this Contract shall mean termination by expiration of the Contract term or earlier termination pursuant to any of the provisions thereof. 13.2 Termination Without Cause: Either party may terminate this Contract by providing written notice to the other party, specifying the effective date of termination, which shall not be less than sixty(60) days from the date such notice is received. Such notice shall be given in accordance with Section XVIII. 13.3 Termination For Cause: In addition to any other provision of this Contract, CITY may terminate this Contract for any of the following: 13.3.1 Neglect or failure by BROKER to perform or observe any of the terms, conditions, covenants or guarantees of this Contract or of any amendment between CITY and BROKER; or McGrifl;Seibels&Williams of Texas,Inc. _ Insurance Broker Contract Page 6 of 8 f J' 13.3.2 Violation by BROKER of any law, rule, or regulation to which BROKER is bound or shall be bound under the terms of this Contract. 13.4 Upon a decision to terminate by CITY, written notice of such shall be immediately provided to BROKER specifying the effective date oft erniination and the extent tow hich performance of work under this Contract will be terminated. 13.5 Upon request of notice to terminate, all finished or unfinished documents, data, studies, surveys, charts, plans, schedules, or other appended documentation,prepared by or on behalf of BROKER under this Contract shall become the property of CITY and shall, if requested by CITY, be delivered by BROKER to CITY in a timely and expeditious manner, at BROKER's sole cost and expense. 13.6 Within thirty (30) days of the effective date of termination (unless an extension is authorized in writing by CITY), BROKER shall submit to CITY its claim, in detail, for the monies owed by CITY for services performed under this Contract up to the date of termination; , provided however,that such payment does not exceed the maximum amount set out in Section V.hereof. XIV. CONFLICT OF INTEREST 14.1 BROKER warrants and certifies, and this Contract is made in reliance thereon, that it, its individual officers, employees and agents are neither officers nor employees of CITY or any CITY agencies,such as City-owned utilities. XV. NOTICE 15.1 Any notice required, permitted or appropriate under this Contract shall be deemed sufficient if in writing and sent certified mail,return receipt requested,postage prepaid,to CITY or BROKER at the respective address set forth below, or to any other address of which written notice of changes is given: If to CITY If to BROKER City of Ft.Worth McGriff, Seibels and Williams of TX,Inc. 5949 Sherry Lane Suite 1300 Dallas,TX 75225 XVI. CAPTIONS 16.1 The captions contained in this Contract are for convenience of reference only and shall in no way limit or enlarge the terms and conditions of this Contract. XVII. SUCCESSORS AND ASSIGNS 17.1 This Contract shall be binding upon the inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and their assigns, however, BROKER may not assign this Contract without prior written consent of CITY in accordance with Section XVIII. XVIII. VENUE AND GOVERNING LAW 18.1 Venue for any legal action, claim or dispute arising directly or indirectly as a result of this Contract shall be in Tarrant County, Texas. This Contract is made and is to be performed in Tarrant County,Texas, and is governed by the laws of the State of Texas. McGrifr,Seibels&Williams of Texas,Inc. Insurance Broker Contract i� �'•" Page 7 of 8 XIX. AUTHORITY 19.1 The signer of this Contract for BROKER represents and warrants that he has full legal authority to execute this Contract on behalf of BROKER and to bind BROKER to the terms and conditions contained herein. XX. SEVERABILITY 20.1 If any clause or provision of this Contract is held invalid, illegal or unenforceable under present or future laws during the term of this Contract, including any extension and renewal hereof, it is the intention of the parties hereto that the remainder of the Contract shall not be affected hereby, and that in lieu of each clause or provision of this Contract, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible. XXI. ENTIRE AGREEMENT 21.1 This Contract, together with its authorizing ordinance and exhibits, if any, embodies the final and entire agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract. No other agreements, oral or otherwise regarding the matters of this Contract shall be deemed to exist or to bind the parties unless same is executed in accordance with Section VI. EXECUTED this the-7::�'�day of 1 , 2004. CITY OF FT. WORTH,TEXAS BROKER MCGRIFF, SEIBELS &WILLIAMS OF TEXAS,INC. Charles Boswell Poiiany Font6not Assistant City Manager Vice President. APPROVED AS TO FORM: ATTEST: Assistant City Attorney City Seeietary Contract Author za�ioa-� McGriff,Seibels&Williams of Texas,Inc. Insurance Broker Contract Page 8 of 8 Date Brokerage Service Agreement THIS BROKERAGE SERVICE AGREEMENT(this"Agreement") is between MCGRIFF, SEIBELS &WILLIAMS ("MSW") and the City of Fort Worth(the "Client"). This is an extension of the existing City Contract No. 30145. The Client and MSW agree as follows: 1. MSW will solicit,negotiate and service insurance policies for the Client for the coverages described on Exhibit A hereto(Insurance Placement) and provide the risk management services described on Exhibit B hereto(Risk Management Services). 2. The Client will provide MSW with all information necessary to enable MSW to provide Insurance Placement and Risk Management Services. 3. Remuneration: A. The Client will pay MSW a fee in the amount of$25,000.00 (the "Fee") for Insurance Placement and Risk Management Services. B. The Fee will be payable upon receipt of an invoice by the Client. 4. With respect to Insurance Placements and/or Risk Management Services undertaken on behalf of the Client that are not contemplated by this Agreement, MSW may be compensated pursuant to a separate Broker Service Agreement or by the insurance companies and/or intermediaries utilized in such Insurance Placements. MSW will make information regarding such Agreements and compensation available to the Client upon request. CONCENTRA i 12-02-2005 Edition 1 �\ 5 Confidential 5. MSW reserves the right to engage business partners and service providers owned by, or under the control of, MSW or BB&T Corporation in connection with the execution of Brokerage Services Agreements. Use of these business partners and service providers, including but not limited to CRC, Prime Rate and BB&T Assurance, could result in the accrual of additional income to BB&T Corporation. 6. This Agreement and the respective rights and obligations of the parties hereto shall be construed in accordance with and governed by the laws of the state of Texas. 7. This Agreement commences on 1-1-06 and ends on 1-1-07, unless terminated prior to that date by either party hereto on 30 days' notice to the other party. IN WITNESS WHEREOF, the Client and MSW have executed this Agreement. MCGRIF EIBE & WILLIAMS, INC. CITY OF FORT WO ZTH By: By: aa Name: Name: (`"c-harcj 2ua lo. Title: Title: Pwr,u, 12-02-2005 Edition 2 Confidential EXHIBIT A The Client has requested Insurance Placement for the following lines of coverage: Excess Commercial General Liability Coverage Excess Worker's Compensation Coverage MSW will negotiate the pricing and terms of the coverages with selected insurance companies and/or intermediaries. At the end of the marketing process and upon the Client's request,MSW will provide the Client with a report summarizing the results of such negotiations. In connection with the coverages listed above,MSW will provide the following services during the term of this Agreement: a. Confirmation of evidence of insurance(binders, cover notes) or the status of a placement will be provided and delivered to Client prior to the renewal date; b. Arrangement of periodic meetings with Client at mutually agreed upon times to discuss pertinent topics; c. Timely issuance of certificates of insurance. d. Provision of claim status reports upon reasonable request; e. Provision of loss runs upon reasonable request; and f. Check insurance policies for accuracy. 12-02-2005 Edition 3 Confidential EXHIBIT B MSW will provide the following Risk Management Services for the Client: ADMINISTRATION MSW will advise and consult with the City of Fort Worth to ensure our program works efficiently. Administration Services will include but not be limited to: Issuing cover notes/binders; Working with carriers to maintain policies, including issuance of endorsements, renewals, etc.; Reconciling accounting and billing transactions; Preparing Schedules of Insurance and provide Executive Summaries; SERVICES MSW shall provide consultation services for the City of Fort Worth in developing bid requests to secure Workers' Compensation Preferred Provider Network. Services from MSW shall include assistance in developing Requests for Quotes in accordance with City's process through the Purchasing Department,reviewing bid quotes and making a recommendation to the City. The objective is to secure a PPN network that is in compliance with HB7 certification requirements and allows for breakout services related to the administration of Workers' Compensation claims. McGriff, Seibels and Williams of Texas, Inc. has an e-mail network established among our offices and clients. Our offices are linked via e-mail, offering 24 hours a day, seven days a week on-line access. Our e-mail is set up directly through the Internet or through Microsoft Exchange, depending on the circumstances and preferences of the client. The e-mail system will be enhanced by home phone numbers, beepers and cell numbers which, will be provided upon McGriff being named the broker for the City of Fort Worth. In addition to the services provided during the marketing and underwriting process, our account management and day-to-day service commitment includes,but is not limited to: Senior account team dedicated to the City of Fort Worth assist in Preparation of renewal applications; Attend City Staff or City Council Meetings. CLAIMS MANAGEMENT MSW employs a full-time claims management staff supporting all of our offices and dedicated to handling and monitoring claims on behalf of our clients. This consists of but is not limited to: Act as liaison between the City of Fort Worth, its claims staff, insurers and/or claims servicing organization; Make recommendations on settlement/denials of questionable claims. 12-02-2005 Edition 4 Confidential COVERAGE ANALYSIS On those occasions when insurers issue Reservation of Rights letter on the City of Fort Worth's claim coverage, policy language will be reviewed by MSW's claims professionals,with reference to the claim allegation and insurance policy coverage conditions,to determine their propriety and to advocate the City of Fort Worth's interest. CLAIM AUDIT SERVICES MSW will arrange for and coordinate an annual claims audit of the City of Fort Worth's Third Party Administrator and Medical Cost Containment Contractors. These reports will be provided at a date to be determined by the City of Fort Worth. LOSS PREVENTION/SAFETY AUDIT SERVICES MSW employs a full-time safety and loss control management staff supporting all of our offices and working on behalf of our clients to offer the following services: Consultation on Safety Program design and implementation; Coordination of engineering visitation schedules; Review/evaluation of insurance carrier recommendations; Independent field visits to address problem areas; Business Continuity/Disaster Recovery Planning. Our proposed City of Fort Worth account team is primarily comprised of local professionals with experience in Municipality programs. Our risk engineers are well educated in the public entity industry and aware of the property, environmental, operational, and safety issues that are associated with municipalities. We are confident that we can provide the experience and resources to meet the City of Fort Worth's needs. Senior account team dedicated to the City of Fort Worth; 3 actively involved Senior Account Managers/Executives; 24 hour availability; Prompt response to all inquires; Provide updates of market cycles as well as existing market conditions; Provide insurance estimates for budgeting purposes; Schedule Quarterly meetings with Risk Manager to discuss loss control issues; Assist in the analysis and evaluation of: Contracts (insurance/indemnification provisions); Policy forms(wordings and endorsements); Coverage issues; 12-02-2005 Edition 5 Confidential Provide insurer solvency review and updates; Provide stewardship report/presentation; Provide financial risk management and analytical services as needed; Furnish periodic evaluation of program as requested; Review of contractor/vendor certificates; Identify markets for vendors; Conduct annual renewal strategy meetings, identify market conditions and marketing plan; 12-02-2005 Edition 6 Confidential City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/14/03 **C-19410 0002-0278 1 of 2 SUBJECT AWARD OF CONTRACT FOR EXCESS WORKERS' COMPENSATION INSURANCE TO MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. THROUGH NORTH RIVER INSURANCE COMPANY FOR THE CITY OF FORT WORTH RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract for excess workers' compensation insurance with McGriff, Seibels & Williams of Texas, Inc. through the North River Insurance Company for an amount not to exceed $209,395; and 2. Authorize this agreement to begin January 1, 2003, and expire December 31, 2003, with options to renew for two additional one-year periods. DISCUSSION: Proposals were received from two agencies in response to the City's solicitation of proposals for single incident excess workers' compensation insurance. Staff recommends the contract be awarded to McGriff, Seibels & Williams of Texas, Inc. to provide excess workers' compensation insurance for the City through the North River Insurance Company for an estimated annual premium of $199,395, plus $10,000 for broker fees ($.0077121/$100 payroll). BID ADVERTISEMENT - This Request for Proposal was advertised in the Commercial Recorder on October 30 and November 7, 2002. The Purchasing Division solicited 41 vendors from the purchasing system database and 17 from the Demandstar.com database. Three proposals were received, one of which was a "no bid". BID TABULATION - City Employee Estimated Retention Liability Annual Per Per Proposer Insurer Premium Incident Occurrence McGriff, Seibels & North River Insurance $209,395 $750,000 $1,000,000 Williams of Texas, Inc. Company Key& Piskuran Midwest Employers $753,511 $750,000 $1,000,000 Agency Casualty The City will continue to have a $750,000 retention with a statutory limit of liability under the workers' compensation laws. Employer's liability limit is $1,000,000. M/WBE - McGriff, Seibels & Williams, Inc. is in compliance with the City's M/WBE Ordinance by committing to 15% M/WBE participation. The City's goal on this project is 10%. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/14/03 **C-19410 1 0002-0278 2 of 2 SUBJECT AWARD OF CONTRACT FOR EXCESS WORKERS' COMPENSATION INSURANCE TO MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. THROUGH NORTH RIVER INSURANCE COMPANY FOR THE CITY OF FORT WORTH RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated of the Workers' Compensation Fund. CB:k BON/02-0278/DHM Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 6183 Originating Department Head: Jim Keyes 8517 (from) APPROVED 1/14/03 FE73 534610 0147310 $209,395.00 Additional Information Contact: Robert Combs 8357