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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