HomeMy WebLinkAbout6128RESOLUTION NO. 6128
A RESOLUTION APPROVING A PROFESSIONAL SERVICES
CONTRACT BETWEEN THE CITY OF PUEBLO AND STEEL
CITY AGENCIES, INC. AND MAX DAY AGENCIES, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Professional Services Contract between the City of Pueblo
and Steel City Agencies, Inc. and Max Day Agencies, Inc., dated
December 28, 1987, a copy of which is attached hereto and incorporated
herein, having been approved as to form by the City Attorney, is
hereby approved. The President of the City Council is hereby authorized
and directed to execute the Contract on behalf of Pueblo, a Municipal
Corporation and the City Clerk shall attest same.
INTRODUCED December 28, 1987
By ALLYN MIDDELKAMP
Councilman
ATTEST: APPROV&D.
q Clerk
• - of - City Coh6ncil
PROFESSIONAL SERVICES CONTRACT
BETWEEN
THE CITY OF PUEBLO
AND
STEEL CITY AGENCIES, INC.
AND WITH
MAX DAY AGENCIES, INC.
THIS AGREEMENT is made as of
and between the City of
hereinafter called "Pueblo"
Agencies, Inc., a Colorado
called "SCA" and between
Agencies, Inc., hereinafter
the 28t_1' day of I;�'_L1; 198Z_, by
Pueblo, a municipal corporation,
or "the City," and Steel City
corporation, hereinafter generally
the City of Pueblo and Max Day
generally called "MDA."
1 INDIVIDUAL CONTRACTORS
The relationship between the City and SCA and the City and MDA
is that of independent contractors. SCA is separately and
individually responsible for the duties and obligations imposed
upon SCA hereunder. MDA is separately and individually
responsible for the duties and obligations imposed upon MDA
hereunder. SCA and MDA are not obligated to each other
hereunder nor are they .jointly responsible or obligated to the
City.
2 SERVICE AGREEMENT
SCA and MDA shall provide to the City and the City shall pay for
specified risk management services, all in accordance with the
terms of this agreement.
3 TERM
The term of this agreement will begin on January 1, 1988, and
shall continue through December 31, 1990. The City may
terminate this agreement upon sixty (60) days' written notice to
SCA and /or MDA. Either SCA or MDA may withdraw from this
agreement upon sixty (60) days' written notice to the City. The
parties may extend this agreement by mutual agreement.
PROFESSIONAL SERVICES CONTRACT -- PAGE 1
4 SCOPE OF SERVICES
The services to be provided by SCA and MDA under this agreement
shall be the following:
4.1 SCA Risk Management
SCA shall be designated as risk management officer for the
City of Pueblo and shall work with the City to develop a risk
management policy. In order to implement the risk management
policy, SCA shall advise the City of training seminars for
City employees. SCA shall also make its key personnel
available during normal business hours to answer questions on
risk management, The Colorado Intergovernmental Risk Sharing
Agency, and insurance; the response to such questions shall
be by phone, in person or in writing, as deemed appropriate
by SCA; on any issue on which the City requests a written
response, SCA shall provide a written response.
4.2 SCA Loss Management
SCA shall receive and process information on all claims for
the City or against the City involving property damages or
third -party claims normally covered by property and casualty
insurance, except claims involving liability coverage for the
Pueblo Memorial Airport, worker's compensation claims, group
health employee claims, and contractor claims which are
specifically not covered by this agreement. For each claim,
SCA shall generate a loss notice and shall assign the claim
to the Colorado Intergovernmental Risk Sharing Agency or to
former insurance carriers, as appropriate. The Colorado
Intergovernmental Risk Sharing Agency monthly reports shall
be reviewed with the designated City safety officer and, if
required, with the City risk management committee on a
monthly basis. Notice only incident reports for potential
future "claims made" shall be maintained by SCA and shall be
submitted to the Colorado Intergovernmental Risk Sharing
Agency.
4.3 SCA Insurance Management
SCA shall continue the review of opportunities for self -
insurance, cooperative or pooled insurance buying, insurance
and /or reinsurance of specific City activities and other
methods of risk pooling or transferring. SCA will report on
an annual basis at a council work session in the month of
November on the current risk management program. SCA will
also report to the City upon finding any significant changes
in the availability of or need for insurance or reinsurance;
upon the request of the City, SCA will report from time to
PROFESSIONAL SERVICES CONTRACT -- PAGE 2
time on the availability of and need for insurance and
reinsurance, regardless of whether there is a significant
change. Ralph Williams of SCA shall represent the City as
the voting member at any meetings of insurance cooperatives
or pooling arrangements, including the Colorado
Intergovernmental Risk Sharing Agency. SCA shall attend all
meetings of the City Risk Management Committee.
4.4 MDA Risk Management
MDA shall inspect and update underwriting information and
valuations for all City property. Loss control information
shall be furnished to the designated safety officer and to
the City risk management committee.
4.5 MDA Loss Management
MDA shall receive and process information on all liability
claims arising at Pueblo Memorial Airport, for the City or
against the City involving third -party claims normally
covered by casualty insurance. MDA shall also receive and
process information on all claims involving police
professional liability which occurred prior to the Colorado
Intergovernmental Risk Sharing Agency pool retroactive date
of February 1, 1486.
4.6 MDA Insurance Management
MDA shall continue the review of opportunities for self -
insurance in relation to City -owned and leased property,
cooperative or pooled insurance buying, insurance and /or
reinsurance of specific City activities and other methods of
risk pooling or transferring. MDA will report to the City
upon finding any significant changes in the availability of
or need for insurance or reinsurance; upon the request of
the City, MDA will report from time to time on the
availability of and need for insurance and reinsurance,
regardless of whether there is a significant change. MDA
shall attend all meetings of the City Risk Management
Committee.
5 SERVICES NOT INCLUDED
SCA and MDA will provide only the services specified in the
previous section and miscellaneous services incidental to such
services. It is understood by the parties that the following
essential services are NOT to be provided by SCA or MDA under
this agreement: claims investigation and legal services related
PROFESSIONAL SERVICES CONTRACT -- PAGE 3
to claims.
6 COOPERATION OF CITY
The City shall cooperate with SCA and MDA in carrying out their
respective functions under this agreement. Specifically, the
City shall:
Provide to SCA and MDA without charge copies of all City
documents, records, ordinances, resolutions and other
information of any kind affecting SCA's or MDA's duties under
this agreement.
Provide to SCA and MDA without charge a set of the Code of
ordinances of the City of Pueblo, including all updating
services during the term of this agreement.
Notify SCA as promptly as possible upon receiving information
about a new claim or a potential claim against the City.
Make its personnel and records
designated claims investigator
investigating any claim.
Make diligent efforts to implement
developed under this agreement
management and claims handling p
time to time by SCA and MDA.
available to SCA and the
for the purpose of
the risk management policy
and the reasonable risk
rocedures recommended from
Upon termination of this agreement and request of the City, all
City documents and Ordinances shall be returned to the City. To
the extent permitted by law all information and documents
provided or furnished by the City under this agreement shall be
treated by SCA and MDA as confidential.
7 FEES
SCA shall receive a monthly fee of three thousand five hundred
dollars ($3,500) for each month during the term of this
agreement. Such fee shall be payable within fifteen (15) days
after the end of the month for which the services were provided.
The monthly fee for any partial month at the beginning or end of
this agreement shall be pro -rated based on a 30 -day month.
PROFESSIONAL SERVICES CONTRACT -- PAGE 4
MDA shall receive a monthly fee of nine hundred ($900) for each
month during the term of this agreement. Such fee shall be
payable within fifteen (15) days after the end of the month for
which the services were provided. The monthly fee for any
partial month at the beginning or end of this agreement shall be
pro -rated based on a 30 -day month.
7.1 Commissions
SCA shall not receive commissions from insurance companies or
others on insurance purchased for the City while this agreement
is in effect. All commissions otherwise payable to SCA shall be
paid over to the City. SCA shall make an annual accounting to
the City of insurance purchased through SCA for the City, if
any, showing premiums and commissions earned.
7.2 No Insurance
SCA and MDA are not insurance companies. No insurance is to be
provided by SCA or MDA and no insurance is included in the fee
set for services under this agreement.
8 KEY PERSONNEL
It is understood by the parties that the City is relying on the
availability of Ralph Williams and Bret Kelly of SCA, and
Richard L. Quigg of MDA as key personnel under this contract.
If at any time any two of these persons cease to be active in
the business of their respective agencies and to be reasonably
available to supervise the services contemplated by this
agreement, th City shall have the right to terminate this
agreement upon ten (10) days' notice to SCA and MDA.
9 DUTY OF SCA AND MDA
SCA and MDA shall have the duty under this agreement to carry
out their respective obligations diligently, in good faith and
in a professional manner. It is understood by the parties that
the City, and not SCA or MDA, will continue to have control of
the facilities, employees, agents and activities of city
government that lead to claims and potential claims against a
municipal government.
In this context, SCA and MDA shall be liable to the City only
for their respective negligent acts or omissions in carrying out
their duties under this agreement.
PROFESSIONAL SERVICES CONTRACT -- PAGE 5
10 NOTICES
Any notices sent under this agreement shall be sent by certified
mail, return receipt requested, to:
Steel City Agencies, Inc.
Box 916
Pueblo, CO 81002
Max Day Agencies, Inc.
728 N. Elizabeth
Pueblo, CO 81003
City of Pueblo
City Manager
1 City Hall Place
Pueblo, CO 81003
11 COMPLETE AGREEMENT, CONSTRUCTION
This agreement contains the complete agreement between the
parties and shall be amended only by a writing signed by all
parties. However, as an agreement for professional services, it
cannot contain every detail of the continuing professional
relationship between the parties; thus, it should be
implemented and construed broadly to achieve the intent of the
parties as reflected in the agreement. All words shall be given
their common and ordinary meanings unless the context otherwise
requires. The singular includes the plural and words of one sex
include other sexes, as the context may suggest. Captions are
finding aids only and are not to be used in the construction of
the agreement.
IN WITNESS WHEREOF, this agreement has been executed by the
parties on the day and date first set forth.
CITY OF PUEBLO
a Municipal Corporation
b y - - -- - -
ATTEST:
- - -- - - -- - - - - --
C ty Clerk
PROFESSIONAL SERVICES CONTRACT -- PAGE 6
APPROVED AS TO FORM:
- -----------
City Attorne;0�
STEEL CITY AGENCIES, INC.
A Colorado corporation
b
P r S i d � s 41n
ATTEST:
Secreta
MAX DAY AGENCIES, INC.
A Colorado corporation
by:
Preside
PROFESSIONAL SERVICES CONTRACT -- PAGE 7