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HomeMy WebLinkAbout6651RESOLUTION NO. 6651 A RESOLUTION APPROVING PROFESSIONAL SERVICES CONTRACTS BETWEEN THE CITY OF PUEBLO, STEEL CITY AGENCIES, INC. AND MAX DAY AGENCIES, INC. RELATING TO RISK MANAGEMENT AND INSURANCE CONSULTING SERVICES AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Professional Services Contracts relating to risk manage- ment and insurance consulting services between the City of Pueblo, Steel City Agencies, Inc. and Max Day Agencies, Inc., dated December 10, 1990 and the Extension Agreement extending the Professional Services Contract Workers' Compensation Consultant between the City of Pueblo and Steel City Agencies, Inc. dated January 1, 1989 for a period of one year, copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, are hereby approved. The President of the City Council is hereby authorized and directed to execute the Contracts in the name of and on behalf of the City of Pueblo, a Municipal Corporation and the City Clerk shall attest same. INTRODUCED: December 10, 1990 By DR. GILBERT GARBISO Councilperson ATTEST: r APPRO ED: /r City Clerk P ident o the Cit C uncil r TJ 48.36 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY Or PUEBLO AND STEEL CITY AGENCIES, INC. AND WITH MAX DAY AGENCIES, INC. THIS AGREEMENT is made as of the 10th day of December, 1990, by and between the City of Pueblo, a municipal corporation, hereinafter called "Pueblo" or "the City," and Steel City Agencies, Inc., a Colorado corporation, hereinafter generally called "SCA" and between the City of Pueblo and Max Day Agencies, Inc., hereinafter 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. MDA is a wholly owned subsidiary of SCA, however, it operates as a separate agency under the direction and control of Richard L. Quigg. 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, shall continue through December 31, 1992. The terminate this agreement upon sixty (60) days' written SCA and /or MDA. Either SCA or MDA may withdraw agreement upon sixty (60) days' written notice to the parties may extend this agreement by mutual agreement. 1991, and City may notice to from this City. The PROFESSIONAL SERVICES CONTRACT -- PAGE 1 4 SCOPE Or 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 act as facilitator for all City safety committees. 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, 1986. 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 to claims. PROFESSIONAL SERVICES CONTRACT -- PAGE 3 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 SCR'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 available to SCA and the designated claims investigator for the purpose of investigating any claim. Make diligent efforts to implement the risk management policy developed under this agreement and the reasonable risk management and claims handling procedures recommended from time to time by SCA and MDA. 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 nine hundred dollars ($3,900) 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. 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 President of City Council ATTEST: f,,fy Clerk PROFESSIONAL SERVICES CONTRACT -- PAGE APPROVED AS TO FORM: APPROVED AS TO FORM: CITY ATTORNEY STEEL CITY AGENCIES, INC A Colorado corporation .- ATTEST: ST-cretariy PROFESSIONAL SERVICES CONTRACT -- PAGE EXTENSION AGREEMENT The Professional Services Contract Worker's Compensation Consultant dated January 1, 1989 between Pueblo, a municipal corporation and Steel City Agencies, Inc., attached hereto as Exhibit "A ", is extended for an additional term of one (1) year from January 1, 1991 to December 31, 1991 upon the same covenants and conditions. Signed December 10, 1990. STEEL CITY AGENCIES, INC. B Pr si t ATTEST: S cretary PUEBLO, A MUNICIPAL CORPORATION P es'dent City,Council ATTEST: i f Q/f � ` �.,Z Cit' Clerk PROFESSIONAL SERVICES CONTRACT WORKER'S COMPENSATION CONSULTANT BETWEEN THE CITY OF PUEBLO AND STEEL CITY AGENCIES, INC. THIS AGREEMENT is made as of the first day of January, 1969, by and between the City of Pueblo, a municipal corporation, hereinafter called "Pueblo" or "the City," and Steel City Agencies, Inc., a Colorado corporation, hereinafter generally called "SCA ". 1. SERVICE AGREEMENT SCA shall provide to the City and compensation program and benefits terms of this agreement. the City shall pay for worker's consultation in accordance with the 2. TERM The term of this agreement shall begin January 1, 1989 and shall continue through December 31, 1989. The City may terminate this agreement upon 60 days written notice to SCA. SCA may withdraw from this agreement upon 60 days written notice to the City. 3. SCOPE OF SERVICES The services to be provided by SCA under this agreement shall be the following: A. TECHNICAL WORKER'S COMPENSATION QUESTIONS Answer questions from City Manager and Director of Personnel relating to technical worker's compensation program and benefit's issues and questions and respond in writing if deemed appropriate. B. SAFETY MEETINGS Conduct safety meetings in conjunction with risk management meetings to assist in development and maintenance of a compre— hensive program for employee safety. C. CIRSA /WC POOL MEETINGS Represent the City of Pueblo at all CIRSA /WC pool meetings as the City's designated representative. D. LOSS EVALUATION Review and evaluate not less than six times per year open and paid worker's compensation claims and reserves as to frequency and severity by specific departments with Director of Personnel and at request with the City Manager. E. INCENTIVE PLAN Assist in the development of a plan that would provide incen— tives to City departments and employees if worker's compensa— tion claims are reduced. --- EXHIBIT "A" 4. COOPERATION OF CITY The City shall cooperate with SCA in carrying out SCA's functions under this agreement. 5. FEES SCA shall receive a monthly fee of $833.33 for each month during the term of this agreement. Such fee shall be payable within fifteen (15) days after the and of the month for which the ser— vices were provided. The monthly fee for any partial month at the beginning or end of this agreement shall be pro —rated based on the 30 —day month. 6. COMMISSIONS SCA shall not receive commissions from any insurance company or others on insurance purchased for the City while this agree— ment is in effect. All commissions otherwise payable to SCA shall be paid 'over to the City. SCA shall make an annual account— ing to the City of insurance purchased through SCA for the City, if any, showing premiums and commissions earned. 7. NO INSURANCE SCA is not an insurance company. No insurance is to be provided by SCA 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: Bret Kelly and Don Learned of SCA. If any two of these persons cease to be active and avail — abie'to supervise the services contemplated by this agreement, the City shall have a right to terminate this agreement upon ten (10) days notice to SCA. 9. DUTY OF SCA SCA shall carry out their its obligations under this agreement diligently, in good faith and in a professional manner. It is understood by the parties that the City and not SCA will continue to have control of their employees and activities of city government. 10. NOTICES Any notices sent under this agreement shall be sent by certi— fied mail, return receipt requested, to: Steel City Agencies, Inc. P.O. Box 4316 Pueblo, CO 81003 -0316 City of Pueblo City Manager i 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 imple— mented 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. ATTEST: Ci y Clerk APPROVED AS TO FORM: _L City Atto e ATTEST: � ` z c Secret ry l, CITY OF PUEBLO a Municipal Corporation by Pr7ent, City Council STEEL CITY AGENCIES, INC. a Col g do corporation b �Pr si nt