Loading...
HomeMy WebLinkAboutContract 47733 ne CITY SECRETARY a �Ad -3 CONTRACT W. wpRYx a> << PAS lns�rance 95q �` -= y Casualty&Property Resolutions SERVICE AGREEMENT BETWEEN CITY OF FORT WORTH AND CPR INSURANCE GROUP, LLC THIS SERVICE AGREEMENT FOR PROFESSIONAL SERVICES, effective on the last day executed below (the "Effective Date"), is by and between the City of Fort Worth, Texas, a home rule municipal corporation organized under the laws of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager and CPR Insurance Group,LLC,a Texas Limited Liability Company,acting by and through Les Titus, its duly authorized President ("Contractor") (collectively referred to as the "Parties"). In consideration of the mutual promises and performances set forth below, and other good and valuable consideration, the sufficiency and receipt of which the parties acknowledge,the parties agree as follows: 1. Term. This Agreement shall be for a term of one (1) year and shall commence on the last day executed below, and end on April 1, 2017, unless terminated earlier by either party in accordance with this Agreement. This Agreement may be renewed for up to two (2) additional one (1)year periods, each a Renewal period, by mutual written agreement of the Parties. 3. Compensation. Contractor shall bill the City for services rendered pursuant to Exhibit "A" on a monthly basis. The total of all payments and obligations made and incurred by City hereunder, in consideration for services rendered by Contractor, shall not exceed the amount of Fifty Thousand Dollars and no cents ($50,000.00) annually or during any Renewal Term.All services shall be performed to City's satisfaction, and City shall not be liable for any payment under this Agreement for services which are unsatisfactory or which City has not approved. OFFICIAL RECORD CITY SECRETARY FT.WORTHI,TX CPR /�" !Tr/!nce onnQy a N.P"xmw— City shall not be obligated or liable under this Agreement to any party other than Contractor for payment of any monies or provision of any goods or services. If amounts owed are not paid within thirty (30) days after their Due Date ("Grace Period"),City will pay Contractor interest in accordance with the Prompt Payment Act, Section 2252.025 of the Texas Government Code. 4. Termination. The City or Contractor may terminate the Agreement upon thirty (30) days written notice to the other party with or without cause. S. Indemnification. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR,ITS OFFICERS,AGENTS, SER VA NTS OR EMPLOYEES. CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (1) CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (11) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS(OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONTRACTOR AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS. CPR Insurance Group, LLC—Claims Services Agreement Page 2 CPRAnsurance [aauRp a napery Ibolab.e 6. Miscellaneous. a. Assignment. This Agreement does not constitute either party as the agent or legal representative of the other for any purpose whatsoever. The parties are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of the other or to bind the other in any manner whatsoever. The Parties shall not assign this Agreement without the prior written consent of the other. b. Authority. Each party covenants with the other that it has full power and authority to enter into and perform its obligations under this Agreement and the persons executing this Agreement on their behalf are duly authorized to do so by all requisite action. c. Binding. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. d. Notice. All notices, requests, demands, and other communications that are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, as follows: City of Fort Worth/City: Susan Alanis,Assistant City Manager 1000 Throckmorton Street Fort Worth,Texas 76102 Copies to: City Attorney's Office 1000 Throckmorton Street Fort Worth,Texas 76102 CPR Insurance Group, LLC—Claims Services Agreement Page 3 CPR„A/nsurunce �a r'e�ry�earsbie To Contractor: Les Titus, President CPR Insurance Group, LLC 600 E John Carpenter Fwy, Suite 365 Irving, TX 75062 e. Amendments. The parties expressly reserve the right to modify this Agreement, from time-to-time, by mutual agreement. No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by authorized representatives of the Parties. f. Invalidity of Particular Provisions. Should any term, provision, condition, or other portion of this Agreement or the application thereof be held to be inoperative,invalid, or unenforceable,the remainder of this Agreement or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. g. No Waiver. No waiver of full performance by any party shall be construed, or operate, as a waiver of any subsequent default or breach of any of the terms, covenants, or conditions of this Agreement. h. Entire Agreement. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement,which purports to vary from the terms hereof shall be void. i. Venue and Jurisdiction. Should any action,whether real or asserted,at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. This Agreement shall be governed by the laws of the State of Texas. j. Severability. If any provision of this Agreement is held to be invalid,illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. CPR Insurance Group, LLC—Claims Services Agreement Page 4 CPR,,,n Insurance c�ivu;ry a roprty xeaMxlae k. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 1. Public Information Act. Contractor understands and agrees that the City is a public entity under the laws of the State of Texas, and as such, is subject to various public information laws and regulations, including, but not limited to, the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "Act"). Contractor acknowledges that, under the Act, the following information is subject to disclosure: 1) all documents and data held by the City, including information obtained from the Contractor, and 2) information held by the Contractor for or on behalf of City that relates to the transaction of City's business and to which City has a right of access. m. Right to Audit. Contractor agrees that the City shall, until the expiration of three (3) years after this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Agreement at no additional cost to the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor not less than 10 days written notice of any intended audits. n. Insurance. A. The Contractor shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: B. General Insurance Requirements: 1. All applicable policies shall name the City of Fort Worth as an additional insured thereon, as its interests may appear. The term City of Fort Worth shall include its employees, officers, officials, agents, and volunteers in respect to this Agreement. 2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 3. A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum CPR Insurance Group, LLC—Cloims Services Agreement Page 5 CPR /„ rance c—fty a r;;;a—kw— rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. S. Any failure on the part of the Contractor to request required insurance documentation shall not constitute a waiver of the insurance requirement. 6. Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to and approved by the City's Risk Management Division prior to execution of this Agreement. A copy of the policy and certificates is also attached hereto as Exhibit C and incorporated herein by reference. IN WITNESS WHEREOF,this Agreement is executed by the Parties on the 181h day of April, 2016. CITY OF FORT WORTH: CONTRACTOR: 1;y: Susan Alanis by: Les Titus Assistant City Manager President Approved as to Form and Legality: ATTEST: Fop Guillermo (Will) S. Trevino Mary J. je7 0� 0000 Assistant City Attorney City Secretary U$ 0 o� NO M&C REQUIRED o ' NO 1295 FORM REQUIRED ' CPR Insurance Group, LLC—Claims Services Agreement OFFICIAL RECORDCITY SECRETAifff6 FT.WORTH,TX CPR /� assurance GsuNy a aoperry Rao4Vae EXHIBIT A OUR SERVICES AND COMMITMENT Our Services L;;� 24 Hour Claims Reporting L;;� In-House Claims Administration L;;� Immediate Resolution of Bodily Injury Claims and Property Damage Claims L;;� Payment of BI and PD Losses on-site while meeting with loss participants L;;� Vehicle Appraisals(Personal Auto,Trucks,Tractor Trailer Rigs,and Heavy Equipment) L;;� Property Appraisals-XACT ware Software b Emergency Response Team for Catastrophic Losses L;;� Claim Investigations(Fraud Claims Agreement with G4S) L;;� Mediation and Trial Representation L;;� Claims Technical and Compliance Audits Scene Investigations, Police Reports,Witness Statements Vehicle Salvage Agreement with COPART Auto Auction National Subrogation Agreement with SDI Subrogation Division National Network of Independent Adjuster to support our needs Our Commitment cy Professional and Ethical claims handling(treating your loss participants with respect and dignity) cy Acknowledgement of new assignments within one hour of notification Contact with loss participants within 24 hours of receipt of assignment A* Settlement of Property Damage Claims(including full appraisal)within 3 days of assignment A* Settlement of Heavy Equipment Damage Claims(including full appraisal) within 5 days of assignment cy Attempt a successful resolution of Bodily Injury Claims within 5 days of assignment Straight forward billing with no drive time charges CPR Insurance Group, LLC—Claims Services Agreement Page 7 CPR lhourance • � � • ,6-i.,im FIELD SERVICES AND OUTSIDE INVESTIGATIONS AUTO CLAIMS Outside Field Investigations will be billed at the following Time&Expense Rates Plus all Miscellaneous Costs. CPR will obtain approval for outside field investigation services from City of Fort Worth prior to sending an adjuster with the exception of emergency or after-hour claims. TIME& EXPENSE RATES: Claims Examiner 1 $ 75.00 Claims Examiner II $ 80.00 Claims Examiner III $ 85.00 ALAE Services Description Fee Private Auto Appraisal $ 110.00 Heavy Equipment Appraisal $80/hr Total Loss Workup $ 30.00 Rapid Response Settlement-Successful $ 500.00 Rapid Response Settlement-Unsuccessful $ 150.00 Recorded Statement-English $ 100.00 Recorded Statement-Spanish $ 125.00 Transcribed Recorded Statement $ 80.00 Scene Investigation $80/hr Property Claims $ 80./hr Mediation and Trial Representation $80/hr All Other Outside Claim Adjusting Services hourly per schedule above CPR Insurance Group,LLC—Claims Services Agreement Page 8 CFR /,�assurance 6swny a a�operty xmWwe Property CAT Schedule Full Cost of Repairs $0 - $1,000 $265.00 *** $1,001 - $2,500 $305.00 $2,501 - $5,000 $355.00 $5,001 - $7,500 $420.00 $7,501 - $10,000 $485.00 $10,001 - $15,000 $550.00 $15,001 - $20,000 $640.00 $20,001 - $25,000 $705.00 $25,001 - $30,000 $770.00 $30,001 - $35,000 $835.00 $35,001 - $40,000 $1,000.00 $40,001 - $50,000 $1,210.00 $50,001 - $75,000 $1,320.00 $75,001 - $100,000 $1,680.00 $100,001 - $150,000 $2,425.00 $150,001 - $200,000 $2,995.00 $200,001 - $300,000 $3,525.00 $300,001 - $500,000 $4,410.00 - Over 1.0%of Gross Loss, $500,001 with minimum of $5,000.00 CPR Insurance Group,LLC-Claims Services Agreement Page 9 CPR /n�� SU Ince [asmlly n�hoperry x6oVtlwe Standard Work Product • Agreed Estimate of Damages • Contents Inventory • Coverage Application • Recommended Adjustment • Diagram • Valuation (where required) • Photos of Damage&Risk • Salvage&Subrogation Comments • Adjuster's Report CPR Insurance Group, LLC—Claims Services Agreement Page 10 CPRIN-1 OP ID:SJ ACOR®� DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 0411812016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACTNAME; Sara Piro Moreman,Moore A Company,Inc. H0 820 Jordan Street,Suite 400 .318-227-0873 arc No):31824-0449 c No E Shreveport,LA 71101 ADDRESS:Jeff Zeagler ss:s iro moremanmoore.com INSURER(S)AFFORDING COVERAGE NAIL INSURER A:CNA Insurance Com panies INSURED CPR Insurance Group,LLC INSURER B: Suite 365 INSURER C: 600 E.John Carpenter Freeway Irving,TX 75062 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1514 POLICY EFF POLICY EXF LM7R TYPE OF INSURANCElim Ana, POLICY NUMBER M MMIDOIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE f 1,000,00 CLAIMS-MADE X OCCUR X X 5094626357 09/2612015 09126/2016 PREMISES Ee occurrence f 300,00 MED EXP(Any one person) f 10,0 PERSONAL&ADV INJURY f 1.000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE f 2,000,00 X POLICY❑ FILOC PRODUCTS-COMP/OP AGG f 2,000,00 OTHER: S AUTOMOBILE LIABILITYEs accident ING LIMI f 1,000,00 A ANY AUTO X X 5094827689 1111512015 09126/2016 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY OPE Y AMAG S AUTOS Par accident $ X UMBRELLA LIAR OCCUR EACH OCCURRENCE S 5,000,00 A EXCESS LJAB HCLAIMS-MADE X X 5092212109 09/26/2015 09/26/2016 AGGREGATE s 5,000,00 DED RETENTIONS 10000 f X WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY A ANY ICEIOPRI�R TNp�CUTIVE Y� NIA X 0594627640 09/26/2015 09126/2016 E.L.EACH ACCIDENT $ 1,000,00 (Mandatory In NH) E DISEASE-EA EMPLOYEE S 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT f 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks SO 9,may be attached F mon space Is required) 30 DAY NOTICE OF CANCELLATION EXCEPT FOR NON PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION CITYFO4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. RISK MANAGER 1000 THROCKMORTON AUTHORIZED REPRESENTATIVE FORT WORTH,TX 76102 O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD