HomeMy WebLinkAboutContract 28395STAT'E ��' YEX�S
COUNTIFS 0� iARRANT,
D1�IVTOR� AhlD �iS�
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This AGREEMENT is befween the City of Fort Worth (CITY}, a Texas home-rule
municipality Cocated at 1000 Throckmorton St. Ft. Wortn, TX 76102 and Wm. Rigg Co.
(BROKER), a Texas cor�oratian located at 777 Main Stre�t, Sui�e C-50, Fort Warth, TX
76102-5333, the CITY'S Broker of Record for the Fire anc� Exfiended Coverage line of
insurance and for the Boiler and Machinery line of insurance and eonsuCtant to CiTY for
o�her Iines of insurance.
The CITY and the BROKER agree to the following terms and conditions:
1.0
1.1
1.2
SCOPE O� SERVICES
The BROKER shall perform the s�rvices as outlined and descri�ed in Attachment
"A"--Services fio Be Performed.
TERMS OF THIS AGREEMENT
This AGREEMENT s�all be in effect for a period af twelve �12} months from
�ctober 1, 2002. CITY has th� option to extend this AGREEMENT for two {2),
Twelve- (12) month periods.
TERMINATION, RENIEDIES AND CANCELI�ATI�N
A. The CITY shafl ha�e the right to cancel for default all or any part af the
undeli�ered portion of the AGREEMENT if BROKER breaches any of the
terms hereof including warranties of BROKER or if �he BROKER becomes
insol�ent or commits ac�s ofi bankruptcy. SUch right of cancel�ation is in
addition tp and not in lieu of any other remedies, which fhe GITY may
have in Law or equity.
B. Right of Assurance. Whene�er one parEy to �his AGREEMENT in good
faith has reason to question the other party's intent to perform, it may
demand that the ather party giue written assurance of its intent to perform.
In the e�ent a demand is made, and no assurance is given within fi�e (5)
working days, the demanding party ma� treat this failure of assurance as
� an anticipatvry repudiation of this AGREEMENT.
C. A party may #�rminafe the AGREEMENT if the other �a�� ��i6�, �c���;u�`c�� ,�
materiai breach, which substantially impairs the value r�f �r�P�;.�n�C��t-�-��
, I
whole to the nonMbreaching party within five {5) working days of receipt of
written notice from the other party. If more #han five (5) working days are
required ta cure such default or breach, a reasonable time in excess of
said period may be substituted. In th� e�er�f such d�fault or br�ach is not
cured within the specified time, the contract may be terminated effectiv�
five (5) working days after receipfi of written notice by the party in default.
D. The CITY reserves the right to cancel for convenience this AGREEMENT
upon 30-calendar days writfien notice to the BROKER. Effecti�e date of
such notice shall begin three (3) days after date of posting with the United
Sta�es Postal Service with said notice being sent to last known address of
BROKER.
E. The CITY in accordance with this provis�on may terminate in whole or in
part the performance ofi work ur�der this order. Termination of work
hereunder shall be effected by fihe defi�ery to the BROKER of a"Notice of
Termination," specifying the extent to which performance af work under
th� AGREEMENT is term�nated and the date upon which such termination
becomes effective. Such righf of termination is in addition to and not in lieu
of righfis ofi the CITY with regard to cancellation of tf�is AGREEMENT.
F. Upan Termination far Cause, the CITY shall make no further payment to
BROKER and the CITY retains the right to exercise any ather legal or
equitable remedies.
1.3 PAYMENT TO THE BROKER
CITY agrees to pay the BROKER as follows:
A. Basic Services
For the perFormance of all services described in Section 2.a and
Attachment "A," the BROKER shalf receE�e compensation on a
fixed fee basis. Payment to the BROKER for the services s�all not
exceed the maximum AGREEMENT amounf during the initial term.
2. No Payment shall be made except in conformance with Subsection
B b�low.
B. Method of Payment
�. Payment to BR�KER far the perforrnance of professional s�rvices
sha[I be made in qua�terly insfallments of $16,500.00, payable on
the first day of each CITY fiscal quarter.
2. Payments for Additional Services or for extra work requir�d and
approved by the C�TY, as described in Section 3.0 of this
AGREEMENT, shall be made monthly as the work is performed
and b�lled.
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3. Payment of invoices is due no later than thirty (3D) days after
receipf of billing by CITY with appropriate documentation. If there
are disputed ifiems andlor amounts on any invaice, ar items lacking
appropriate documentation, the balance of such in�oic�, after
deducting any such items, shall be paid in full, and the disputed
items and amounts shall be presenfied to BROKER for resolution as
soon as such disputed items ha�e been determi�ed by the CITY. If
payment af the amaunts ciue, or any portion thereof, is r�ot made as
prescribed abo�e, interest on the unpaid balance #he time said
overdue payments are made sha11 accrue at the rate of ten per
cent (10%) per annum. Notwithstanding the aboWe, nothing in this
AGREEMENT shall be construed to charge interest greater than
the amount allowed by Texas law. Payments due after a dispufed
amount is resolved sha[I be paid na lat�r than ihirty (3D) days after
such resolution, No int�rest shall be payable on retainage amounts.
4. Payments shall be deli�ered to:
Wm. Rigg Co.
777 Main Streef, Suite C-50
F'ort Worth, TX 76� 02-5333
Attenfiion: Scott Miller
5. The CITY may withhold, amend, or nulCify any request for payment
by the BROKER under condi�ions described below:
6. � The CITY'S obligation is payabEe only and solely from funds
appropriated and available for the purpose of this AGREEMENT.
Lack of appropriated funds shal{ ren�er this AGREEMENT null and
�aid to the extent funds are not appropriated and a�aifable.
1.4 GENERAL RESPONSIBILITIES OF THE BROKER
A. BROKER is respansible for �h� pro��ssional quality, technical accuracy,
timely compl�tian, and coordination of all services. BROKER shall, without
additional compensation, correct any mafierial errors, omissions, or other
deficiencies in BROKER`s services upon written request by the CITY.
B. BROKER'S obligations hereunder are in addition to the BROKER's other
expressed or implied assurances under this AGREEMENT and in no way
diminish any other rights #hat the CITY may have against the BROKER.
1,5 BROKER CERTIFICATI�N
The BROKER certifies that the fees in this AGREEMENT have been arrived af
independently wifhout any consul�ation, communication, or agreement for the
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purpose of restrictir�g competition, as to any matter relating to such fees with any
other firm or with any competitar.
1.6 CL.AIMS
In ihe e�ent that any claim, demand or other action is made or brought by any
person, firm, corporation, or other entity against the BROKER or BROKER's
subcontractors, arising out of perFarmance of the AGREEMENT, the BROKER
shall give written natice thereof to the C�TY within five (5} working days after
being notified of such claim, demancC, suit or other actian; the names and
address of the person, firm, corporation or other entity making such claim or t�ta#
institufied or threatened fo institute any type of action or proceeding; and the
name of an� persan against whom such claim is being made or threatened. Suc}�
wriften notice shall be delivered either personally or by certifi�d mail, return
receipt requesfied and shall be directiy sent ta:
Sue Haupt
Risk Manager
City of Fort 1North
1 Q00 Throckmorton Street
Fort Worth, TX 76102
9.7 INDEPENDENT CONTRACTOR
BROKER's relatianship with the CITY under tF�is AGREEMENT is that of an
independent contractar. BR4KER is to exercise its own discretian on th� method
and manner of �erforming its duties, and CITY will not exercise control over
BRQKER or its employees except insofar as this may be reasonably necessary
to ensure performance and compliance with this AGREEMENT. The employees,
methods, equipment and faci[lties used by BROKER shall at all time be under iis
exclusive direction artd cantrol. Nothing in this AGREEMENT shall be construed
to designate BROI�ER, or any of its employees, as employees, a�ents, join#
ventures or partners of the CITY.
1.$ LAWS, STATUTES AND OTHER GOVERNMENTAL REQUIREMENTS
BROKER agrees to be in campliance with a[I applicable faws, statutes and other
go�ernmental provisions prevailing during the term of AGREEMENT,
1.9 AS5IGNMENT DELEGATION
This AGREEMENT sha[I be binding upon the parties, their successors, and
ass�gnees; provided, however, that neither party shall assign its obligatiorts
hereunder wifhout the prior written consent of the other.
1.10 NOTICES
Ail notices under this AGREEMENT shalf be by �ersonal delivery or registered
mail, and by facsimile transmission the same date as personal delivery or posfing
in the mail. Effective date of such notice shall be date of actual delivery or three
C?
(3} days after date of posting with the United States Postal Service wi#h the said
nofice being sent to last known address of recipient.
BROKER:
Scott Miller
Wm. Rigg Co.
777 Main Sfireet, Suite C-50
Fort Worth, TX 761 a2-5333
Phone. {8'17) 820-81 DQ
FAX: (817} 870�031 D
CITY:
Sue Haupt
Risk Manager
Ci�y of Fort Worth
1 Q00 Throckmorton St.
Fi. Worth, TX 75102
Phone: 817.871.7761
FAX: 817.332,5874
1.11 SEVERABILITY OF PROVISIONS
If any word, phrase, clause, sentence or pra�ision of this AGREEMENT, or the
application of same to any person or set of circumstances is for any reason held
to be uncons�itutional, in�alid or unenforceable, that finding shal{ only affect the
remaining portions of this AGREEMENT, t�is being the intent of the parties in
entering into this #ransaction, and all pro�isio�s ofi the AGREEMENT are
declared to be se�erable for this purpose.
�,'�2 CHOICE �F �AW AND VENUE
This AGREEMENT shall be go�erned by the laws of the Sta�e of Texas without
regard to the choice of law provisions thereof. Venue for this AGREEMENT shafl
lie in Tarrant County, Texas.
1.�3 CHANGES
Any change(s) to this AGREEMENT shall be in fihe form of a written amendment
mutualiy agreed upon and duly executed by both parkies.
� .14 BROKER C�NTACT
The BROKER shall communicate all matters irtitially to the Risk Manager or
hislher successor. The Risk Manager will act as con#act poinfi between the C1TY
and the BROKER with regard to all matters under this AGREEMENT.
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1.15 RIGHTS TO PR4POSAL AND CUNTRACTUAL MATERIAL
All reports, cha�ts, schedules, or other appended documentatian to any proposal,
contrac#s and any responses, inquiries, carrespondence, relat�d material
submitted by BROKER shall become property of the C1TY upon receipt.
1.16 COPYRIGHTS AND RIGHTS OF DATA
Vllhere services under this AGREEMENT produee writings, saund recordings,
pictoriai reproduction, drawings, or other graphical representation and works af
any similar nature the CITY has the right to use, duplicate, and disclose in whole
or in part, in any manner, for any purpose whatsoever and �a�e ofihers do so. If
the material is copyrighfia�ale, the sub--grantee may copyright such, and the CITY
reserve a royalty free, non-exclusi�e, and irrevocable license to reproduce,
publish and use such materials in whole or in part and to authorize others to do
so. The CITY is nat entitled to software programs used to produce
dacumentation hereunder.
1.17 PERFORMANCE
Failure by the CITY to insist in any one or more instances upon performance of
any of the terms and conditions of this AGREEMENT shall not be construed as a
wai�er or reCinquishmenf of the future performance of any terms and condi�ions,
but fhe BROKER`s obligation with r�spect to such performance shali continue in
full forc� and effect.
1.18 NONDISCRIMINATION
During fhe perForrnar�ce of this AGREEMENT, the BROKER, for itself i� interest
agrees as follows:
A. Nondiscrimination. Tne BROKER, with regard to the work perform�d by
BROKER under this AGREEMENT, shall not discriminate on any unla►n�ul
grounds in the seEection and reten�ion of any subcontractors, including
those concerned in the procurement of materials and leases of equipment
The BROKER shall not participate either directly or indirectly in the
discrimination prohibifed hereby.
B. Solicitations for subcontracts, including procurement of mater�als and
equipment. In all solicitations eifl�er by campetitive bidding or negofiations
made by the BR�KER for work to be performed under a subcontrac#,
incfuding procurement of materials or leases or equipment, each potential
subeontractor or supplier shall be notified by th� BR�KER of the
BROKER's abligations und�r this AGREEMENT relative to
nondiscrimination on the grounds of race, color or national orEgin.
C. Sanc�ions for noncompliance. In the e�vent of the BR�KER's
nancompliance with the nondiscrimination pro�isions of this AGREEMENT
and aft�r giving BROKER five {5} working days written nofiice, the C1TY
sf�all impose s�ch AGREEMENT sanctions as it may defermir�e to be
appropriate, including, but not limited to:
C�
1. Withholding of �ayments to the BROKER under this AGREEMENT
unfil the BROKER complies, ar�dlor
2. Cancellation, termination, ar s�spension of this AGREEMEIVT, in
whale or En park.
1.19 C1TY'S RESPONSIBILITY
The CITY's responsib�lities include the following:
A. Pay all costs of insurance policies directly to the insurance provider as
negotiated with the insurance provider and provide euidence of such
payment to BROKER.
B. Pro�ide full information as to the CITY'S requirements for the insurance
co�ered by #his AGREEMENT.
C. Assist BROKER by placing at the BROKER's disposal available reports
and other data rele�ant to CITY's insurance needs.
D. Examine all studies, reports, cost estimates and oth�r docum�nts
presented by the BROKER and render, in writing, decisions pertaining
thereto within a reasonable time so as not to unduly delay the provision of
services by BROKER. �
E. Provide s�ch fegal and accounfing services as fihe CITY may deem
necessary for its internal administration.
F. Gi�e prompt written nofice to the BROKER whenever the C1TY observes
ar otherwise b�comes aware of any defect in the services being provided
by BROKER.
G. Bear all necessary and appropriate costs incident to compliance with the
requirem�nts of this Section.
2.0 SCOPE OF SERVICES
BROKER will provide the services listed in Attachment "A," which is hereafter
attached and hereby rr�ade a part of this AGREEMENT for al) purposes. .
3.0 ADDITIONAL SERVICES
Should CITY require additional services not included in the Attachment "A° or the
Scop� af Basic Services as outlined in Section 2.Q, CITY and BROKER will
negotiate a fee for such services. BRQKER agrees additional services shall only
be pro�ided if au�horized or confirmed in writing by the CITY and the BROKER.
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4.0
E
INSURANCE AND INDEMNITY REQUIREMENTS
TYPE
Workers' Compensation
Employers' L.iability
AMOUNT
Statutory
$500,0001$500,oaoi��ao,aQD
Commercial General �publ�c) Liability Insurance to include coverage for the
following:
a. PremiseslOperations
b. Independent cont�actors
c. Productslcompleted operations
d. Personallnjury
e. Con�ractual Liability
Combined Single Limit
for Bodily Injury and
Property Damage of
$1,000,000 peroccurrence
with $2,000,000 Aggregate
3. Automobile Liability
a. OwnedlLeased vehicles
b. Non-�wned �el�icles
c. Hired uehicles
4. Insurance Agents and Brolcers
Errors and Omissions Insurance
(Claims made form)
Combined Single Limit for
Bodily Injury and Property
Damage of $1,OOa,ODO per
Occurrence.
$3,OOO,dUO per Claim
$3,000,000 Annual Aggregai�
The G�TY shall be entitlEd, upon request and wifhout expense, to receive copies of the
policies and all endorsements thereto as they apply to the I�mits required by the CITY,
and may make a reasonable request for �eletian, revision, or modification of parficufar
�olicy terms, conditians, limi#ations or exclusions (except where policy pro�isions are
established by law or regulation binding upon either ofi the parties hereto or the
underwriter of any such policies}. Upon such r�quest by the ClTY, the BROKER shall
exercise reasonable effor#s to accomplish such c#�anges in policy coverage and shall
pay the cost #f�ereof.
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 the CITY and its ofFicers, employees, volunteers, and elected
representatives as additional ins�red as respect to apera�ions and activities of, ar
on behalf of, the nam�d insur�d perFormed under contract with the C�TY, with the
exception of the Workers' Compensation and Professional Liability polices;
�The BROKER's insurance shall be deemed primary with respect to any
insurance or self insurance carried by the City of Fort Worth for lia�ili�y arising
out ofi operations under the contract with the City of Fork Wa�th;
Provide for an endorsement that the "o�her insurance" clause shall not apply to
the City of Forf Worth where CfTY is an addi�ional insured shown on the policy;
and
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Workers' Compensation and Employers' Liability policy wili pro�ide a waiver of
subrogatian in favor of the CITY.
BROKER snall notify tre CIl'Y in the event of ar�y notice of cancefla�ion, non-renewal or
material change in coverage and shal[ give such notices not less than thiriy (30} days
prior ta the change, ar ten (10) days notice for canceilatia� due to nan-payment of
premiums, which notice must be accompanied by a replacement Certificate of
Insurance. All notices shall be given to the CiTY at the following address:
Ci�y o� Forf �or�h
Aitn: Sue baup4
Ftis� NYanag�menfi DidisEon
100a ihrockm�r�on S�reef
�or�'�or�h, iexas l61fl1
If BROKER fails to maintain the aforementioned insuranc�, or fails to secure and
maintain the aforementianed endorsements, the 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 ins�rance by the CCTY is an
alternative to other remedies the CITY may have, and is not the exclusi�e remedy for
failure of BROKER to maintain said insurance ar secure such endorsement. In addition
to any other remedies th� CITY may have upon BROKER's failure to provi�e and
maintain any insurance or �olicy endorsements to the extent and within the time herein
required, the CITY shail ha�e the right to order BROKER #o stop work here�nder, andlor
withhoid any payments) which become �ue, ta BROKER her�under until BROKER
demons#rates compliance with the requirements hereof.
Nothing her�in contained sl�afl be cans�ru�d as lim'tting in any way the extent ta which
BROKER may be he[d responsible for payments of damages to persons or pro�erty
result9ng from BROKER'S or its subcontracfiors' performance of the wor4� covered under
this agreement.
���FC�� codenanis and agrees 40 ��l��Y IR���NIf�l�'Y and b8�� b��I�A��SS, �he
CI [Y and fihe elecfied officials, employees, officers, directors, �olunfieers and
repr�esen�a�ir►es o�' �he CIiY, indirridually or collecii�ely, �rom ar�d against any and
�I� cosgs, claims, liens, damages, losses, expenses, �ees, �ines, penalfies,
proceedings, ac�ions, demands, causes of acfiion, liability and suifis o�r any kind
and nafiure, includir�g bui nofi limited io, personal or bodily injury or death and
properFy damage, made upon �he CIiY, directly or indirec�ly arisir�g oui of,
resul4ing �rrom or rela�ed fo ��OK��"s acfivi�ies under �his COR�iR�Ci, including
any acts or omissions of ��BF���, any ag�nt, ofFicer, direc�or, represen�Ca4i�e,
employee, consultan� or suhcontractor of C�NiF�CTOR, and tiheir resp�cfiive
o#icers, agen�s, employees, direc�ors and represen4afives while in �he exercise or
perFormance of fihe rights or du�ies under �his �Oi��'�C�', a[I v�ifihou�, howe�+er,
waiving any governmenfial immuni�y available fio fihe CI7Y under T�xas �aw and
withou� wr�iving any de�enses vf the par�ies under Tex�s Lavd. li IS FURTk��Fi
�OV��l�RlY�� ��.d A���ED TFiAi �UGFi �RlDE��lIiY SHIA�I� ���LY FV�f�
1d11H��� SC�Cb COSiS, C�I�S, �.I�RlS, ����G��, �OSS�S, �J����l�ES, FEES,
�IP��S, ��R��e��l��, AC�'18i�S, ���AAR���, ��►U��� O� A��18i�, �I��I�IYY
�eiVD10R SUITS ,o►Ft15� [AI i4h1Y �A�i �'R014�Y ib� N�C�IC�N1C� �� CI�Y, I b�
Ga
���C f �� O��ICIA�,S, �AdI��,OY�l�S, �FFICERS, 91R�CiORS .�►iV�
R����S�P���e�'IV�S �� CI�'Y, UND�R TH15 COf�i��C�. �he provisions of fihis
IiV�FRlIIVIiY are solely fiar �he laenefii� of fhe parfiies herefio and nofi intended io
creaf�e or gran� �ny righ�s, cortfracfual or ofiherwise, fio any otiher person or ert�ity.
�RO��� sh�ll promp�ly ad►�ise the C17'Y in �►ri�ing o� any claim or demand
againsfi the �I�'Y or ��tOF��R known �o �R014�� rela�ed �o or arising out of
�RQKI��t'S activities under �his CONi�Ci and shall see to fih� in�esfiigation and
de�ense of such claim or demand afi �ROK��t's cos�. The CIiY shall have �he
righfi, at its opfiion and at ifis own expense, io par�icipafe in such deYense wifihoufi
relieving �Ft�F��R of any of i�s obliga�ions under ihis paragraph.
i� is ihe �X�R�S� liV��f��' of the parfiies to �his con�racf, �ha� �he IR����NI�Y
pro�ided for in �his sec�ion, is an IND�IV�R�I�Y extended by �ROF��I� fio
IND€IR�f�IFY, PR�iE�i and HO�� H��f����� the CI7Y �rom ihe consequences o�
fhe CIiY"s O'�.�ft� I��G�IG�i�C�, provided howre�er, �h�� �he i1�DE�I�IiY prodided
�or in fihis secgion �bA�� �►��LY only when ihe NE�f�I���li �Ci of Fhe CI�Y is a
C�iV��I�Ui��Y �AUSF o�' the resul4an� injury, dea�h, or damage, and shall hav�
no app[ication ►r�hen �he negligenf ac� o� 4he Cl�'Y is fihe sole cause of �he
resul�an� injury, deafh, or damage. BROK�� furfih�r AGR��S TQ DFcF�ND, AT ITS
O�'I� ����i�S� and �iV �LbA�� A� Yb� CITY �1iVD I{d iHE Id�fP�E O� T'li� GIiY,
an� claim or litig�fiion brought againsf �he C1iY and ifis elecfed o#ficials,
employees, officers, direc�ors, �olun�eers and representafiives, in conn�ction with
any such injur�, deagh, or damage for which fihis INDI�IVYIVIiY shall apply, �s se4
�orfh.
5.� ENTIRETY OF AGREEMENT
This AGREEMENT, togeth�r with any attachments, represents the entire
agreement between the CITY and the BROKER and supersedes all �rior
negotiations, representations or agreements, either wriften or aral.
[signat�re page follows]
�a
Executed this ��day of January, 20a3:
�m. Rigg Co.
. . .. � 1; '
gy; � - � h
Sco#f Miller � �
Vice President
Wm. Rigg Co.
Ci�y o� For�f'�orfh
gy: � .
Charles Boswell
Assistant City Manager
City of Fort Worth
.AP DVED F A�3 Lf�.ITY:
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�cope of �ervices
PROCUREMENT AND PLACEMENT OF INSURANCE COVERAGE
Ninety days prior to the October 1s# renewal da�e, the BR�KER shall collaborate with
the City's Risk Manager to de�elop bid requests to secure pro�erty, casualty and boiler
and machinery insurance for the CITY's insurable risks. BROKER sha11 make available
ta t�e CITY, all resources a# its disposal to properly collect, organize and review all data
placed into the bid request.
BROKER shall market the CITY's accot�nt to qualified pro�erty and casualty and boiler
and macF�inery insurers. Marketing shall inc�ude, but not be limited to, the development
of insurance specifications and underwri�ing criteria, and assistance in developing
Requests For Quotes. In addition, the BRQKER will canvass insurance markets, re�iew
policies, negotiate premiums an behalf of the CITY, and provide consulta�ion and
professional advice on proposed changes or enhancements to the program and
ongoing ad�isory services for tf�e duration ofi the contract concerning changes or
enhancements to the program.
BROKER shali represent the CITY in all phases of the renewa! process. Direct
negotiations wi�h underwriters and the insurance company will take place with the
direction of ihe CITY. Placement of any program of insurance will be conducted as a
bid directfy to insurance mar�e� underw�iters. BROKER shall re�iew bids and assist the
CITY in fihe selection thereof. It is c�early undersfood that any resulfing proc�uct from the
Broker af Record Cantract cannot be accepted nor bound until approved by the CITY's
Mayor and City Council, AI[ procurement of insurance shall be conducted in accordance
with the Texas Local Government Code and all applicable law.
II. CONSULTANT SERVICES
BROKER shall act in an ad�isory and consulting role to the CITY for t�te duration of the
BROKER'S contract ta ensure that th� insurance program accepted by the CITY
continues to work smoothly and effecfiively, without lapse in co�erage, BROKER may
afso be required to assisf the CITY in e�aluatir�g proposals �fram �otential cantractors far
various existing andlor newly developed pragrams.
Consulting service shall i�clucle but is not limited to, identifying markets for speciafty
co�erage's for vendors or contractors doing business with the CITY, reviewing
cantractualllease pro�isions; assessing financial strength of insurance companies, risk
retention and purchasing groups, captive insurers, and other non-traditional insurance
mechanisms. The BROKER will pro�ide ad�ice regarding foss settlement ne�otiafion
with primary or excess insurers if needed. When requested, the BROKER will attend
m�eti�ngs with the CITY Staff or the City Council. Addit€onally, the BROKER wiil pro�ide
assisfance to the Risk Martager in developing specifications for a Ris[c Management
Informatio� System, respond to rec�uests for informafiion by �he Risk Manager, re�iew
12
proposed legislation, pro�ide cfaim review assistance as needed, answer loss cantral
questions, and review actuarial reports.
k11. ACTUARIAL SERVICES
BROKER shall arrange for and coordinate the collecfion of data for Actuarial Services
on an ever�r other year basis. Actuarial studies shall commence at a time period
ac�eptab�e to the Risk Manager, and shall be provided to the CITY"S Risk Manager na
lonaer than 90 days from commencement.
N. CLAIMS AUDIT SERVICES
BROKER shall arrang� for and coordinate an annual Cfaims Audit of the CITY's
General Liability and 5elf�lnsured Auto Liabi[ity as an optional service. Final reports
resulting from these audits shall �e provided to fhe CITY'S R�sk Manager bv March 31 of
each vear.
V. LOSS PREVENTIONISAF'ETY AUDIT SERVICES
BROKER shall arrange for Loss Prevention and Safety Audit Services. These services
shal� include safety program e�aluations, evaluation of high-risk activities, ergonomic
studies and Job SafetylHazard Analysis on specific worker activities. BROKER shall
provide approximately 100 hours of these services, as request�� by the CITY's Risk
Manager.
13
Ciiy of'�'ort T�ijor�h9 T'ex�s
f�i�y�r �r�d Cou�ci� Commur�i���tio�
�ATE R�FERENCE NUMBER LOG NAME
91241D2 ��� �,%2���1/1���
su���cT BROKER OF RECORD AGREEMENT WITH
REC�MMENDATION:
� 3CAYI1
PALMER & CAY 4F TEXAS, INC
PAG�
1 of 2
ft is recommended t�at the City Council:
Authorize the City Manager to execute a Broker pf Record Agreement with Palmer & Gay af Texas,
Inc. to act as the City's �roker to car�plete the current October 1, 2002 renewal marketing,
placement, and deli�ery of property and b�iler and machinery insurance policies at a reduced
commission rate of 8°/a for providing this service; and
2. Autharize this agreement ta begin September 1, 2002, and expire upon delivery of th� �roperty and
�oiler and machinery policies to t�e City; and
3. Au#horize the City Manager to exec�rte a Broker af Record Agreement with William Rigg Gompany
as the City's broKer to provide consulting and brokerage services associa#ed with the placement
and administration of all praperty and casualty fnsurance palicies (with fhe exc�ptian of the October
1, 2002 renewal of the praperty and boiler and machinery policies to be handled by Palmer & Cay of
Texas, Inc.) for an annual fee not #o exceed $60,0�0 for the first year's service; and
4. Authorize the City Manager ta execute a� agreement with William Rigg Company and its
subconiractar, the Jenkins Agency, for claims services io incl�tde a claim r��iew for general iiability
insurance co��rages, for a fixed fee not to exc�ed $6,000; and
5. Autharize this Broker of Recard Agre�ment with William Rigg Company to begin October 1, 20Q2,
and expire September 30, 2003, with aptions to renew for twa successi�e one-year periods.
DISCUSSION:
This action will authorize Palmer & Cay of Texas, Inc., the agent for the City's praper�y insurance policy
for fhe past three y�ears, ta complete the marketing, placement and delivery of the City's property and
boiler and machinery insurance policias that must be renewed by October 1, 2002, lf will then
designate William Rigg Company as the City's Broker af Record for the period October 1, 2Q02 fihraugh
September 30, 2003. William Rigg Company is a regional firm, estabiished in Fort Warth in 1895, with
a local offiice.
� RENEWAL OPTIONS - This agreement with William Rigg Company may be renewed for up to two
successive one-year terms at the City's option. This action does nat require specific Cify Council
approval pravided that the City Council has appropriated sutficient funds fo satisfy the Gity's abligation
during th� renewaf term.
�'ity o, f Fo�t Wo�th, �exas
f��y�r ��d Caur�ci[ Cor�mur��c���or�
DATE REFERENCE I�LIMBER LQG NAM� PAGE
9124102 ��13i��R�1/1�f�� 13CAY11 I 2 of 2
sus��cT BROKER DF REC�RD AGREEMENT WETH PALMER & CAY OF' TEXAS, INC.
FISCAL INF4RMATION/CERTIFICATION:
The Finance Director certifies that funds are avaifabEe in the �Y2002-2a43 operating budgefi, as
appropriated, of the Property and Casualty Insurance Fund.
CB:n
Submitted for City Manager's
Office by:
I FCJND
� {to)
ACCOUI�T I GENTER I AMOUNT CITY SECRET'ARY
APPROVED 9/24/02
539120 0137i30 $66,QOO.D� f
I
I
�
Charles Boswell 6183
Originatiog DeparYmenf Head:
7im Keyes
Addiiional Information Coutact:
7im Keyes
8517 I (from)
I FE71
I
5717 I