HomeMy WebLinkAbout2001-054
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Resolution No. 2001-54
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ROBERT F. DRIVER COMPANY TO
PROVIDE PROPERTY INSURANCE BROKERAGE SERVICES FOR A PERIOD OF
THREE YEARS.
BE IT RESOLVED BY THE MAYOR AND COMMON OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an Agreement with Robert F. Driver
Company to provide property insurance brokerage coverage, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2: The authorization to execute the above mentioned agreement is
rescinded if the parties to the agreement fail to sign it within sixty (60) days of the
passage of this resolution.
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2001-54
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ROBERT F. DRIVER COMPANY TO
PROVIDE PROPERTY INSURANCE BROKERAGE SERVICES FOR A PERIOD OF
THREE YEARS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Common Council of the City of San Bernardino at a i oint regular
meeting
thereof, held on the 19 th
day of March
, 2001, by the
following vote, to wit:
COUNCILMEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SAUREZ
ANDERSON
MCCAMMACK
AYES
NAYES
ABSTAIN
ABSENT
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x
The foregoing resolution
1~ aduLt) (1 !/1/1JJ
Rqchel Clark, City Clerk (
!J yb(U1fLI{[){((Jdirikt); fJ2prrt~
is hereby approved this 23 {' 0\ of
March , 2001.
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Judittr\ralles, Mayor
City of San Bernardino
Approved as to form and
Legal content:
JAMES F. PENMAN,
City Attorney
By:
. P &Vl/}
./
,
2001-54
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3 THIS AGREEMENT is made and entered into this ? :2, (('I day of
4 fY\ A-\2c \-t , 2001, by and between the City of San Bernardino, a municipal
5 corporation, hereinafter referred to as "City," and Robert F. Driver Company, hereinafter
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referred to as "Broker."
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WHEREAS, after a selection process, Broker has been selected by the City and
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9 that Broker shall be Robert F. Driver Company; and,
10 WHEREAS, Broker has experience and knowledge in performing insurance
11 brokerage services.
12 Now, therefore, for and in consideration of the mutual promises, covenants and
13 conditions herein contained, the parties hereto agree as follows:
14 Under the direction of the City's Director of Human Resources, Broker shall
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provide the City professional insurance brokerage services according to the terms and
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17 conditions of this Agreement.
18 1. Aareement.
19 City does hereby contract with Broker to provide professional insurance
20 brokerage services as hereinafter provided for a period of three (3) years, commencing
21 on the first day of May 2001, and terminating on April 30, 2004, Broker hereby accepts
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and conditions hereof. Broker is hereby appointed as City's exclusive Broker of Record
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25 for the three- (3) year period for all forms of Property Insurance.
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AGREEMENT
said contract and agrees to perform all work and services in accordance with the terms
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2001-54
Services to be Performed.
A. Broker shall obtain insurance quotations on all property insurance
items maintained by City as of April 30, 2001, as well as any insurance requested for
consideration in City's request for qualifications for insurance brokerage services, to
which Broker responded.
2.
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2001-54
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include said Director of Human Resources in negotiations with underwriters involving
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5 insurers that will have a Best rating of A, a well as any acceptable financial category
6 such as 7 or higher. Any exceptions require the approval of the Director of Human
7 Resources. For all insurance quotations, Broker will apprise the Director of Human
F.
At the request of City's Director of Human Resources, Broker shall
placement of all of the City's insurance programs. It is intended that Broker will utilize
8 Resources of the company's Best rating
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City of San Bemardino will consist of Ken Staley, First Vice President.
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13 officer in charge, to perform the following functions:
14 1) Continually analyze the City of San Bernardino exposures
G.
It is agreed and understood that the Broker account team for the
H.
It is the team responsibility, under the direction and control of the
15 and recommend coverages consistent with these exposures to provide the highest level
16 of coverage at the least possible cost to the City.
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Robert F. Driver Company, underwriters or service agencies arranged by the team on
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behalf of the City.
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22 City.
23 4) Verify the accuracy of all rates and premiums charged.
24 Submit bills regularly. Deposit and audit all premiums. If premiums are to be allocated
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by department or program, these allocations will, at the request of the City, be
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2)
Oversee and coordinate all relevant services performed by
3)
Be available for advice and information as requested by the
performed by the account service tea:n.
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1 5) Collect the data necessary and prepare professional quality
2 insurance proposal submission packages for the proper marketing of the various
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6 account management, such as certificate issuance, coverage descriptions and policy
7 changes. By October 10 of each year, Broker will provide City with a complete
8 insurance summary, including coverages for the City of San Bernardino Municipal
9 Water Department and the Economic Development Agency. Broker will provide City
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with an updated insurance summary within thirty (30) days of any change in the latest
coverages.
6)
Perform the administrative and clerical services relative to
Respond to any extraordinary needs of the City, as
15 I. It is agreed and understood that the Broker account team shall
16 meet with City's Director of Human Resources no less often than quarterly,
17 commencing in the third quarter of 2001. Any change in the account team format will
18 require approval by the City's Director of Human Resources.
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3. Work to be Performed by City.
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21 City shall cooperate with Broker by timely providing all information
22 necessary for Broker to obtain insurance quotations.
23 4. Broker's Fees and Payment.
24 City shall compensate Broker annually for insurance brokerage services
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pursuant to this Agreement as follows:
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1 A. For the performance of all services contemplated under this
2 Agreement, including but not limited to, the marketing and placement of all insurance or
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bond coverage contemplated under this Agreement.
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6 provides general, law enforcement, automobile, public officials and personal injury
7 liability coverage at $25 million in excess of $1 million. Should the City request Broker
8 to market coverage for these exposures excess of the BICEP program, Broker shall be
9 paid from commissions from insurance carriers.
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lowest commission possible and shall make full disclosure of any and all commissions
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14 to City. No coverage shall be issued inclusive of commission without prior approval of
15 the Director of Human Resources.
B.
The City is presently a member of BICEP, an insurance JPA, which
C.
On matters in which it is illegal or is not in the best interest of the
City for a line of coverage to be issued net of commission, Broker will negotiate the
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in writing to extend this agreement.
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22 between the parties hereto.
23 6. AssiQnment.
24 Neither City nor Broker shall assign or transfer its interest in this
25 Agreement without the written consent of the other.
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5.
Termination.
This agreement shall terminate on April 30, 2004, unless the parties agree
6.
Amendment.
The terms of this Agreement can only be amended by written agreement
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2001-54
7.
Compliance with Laws.
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2001-54
of the City Attorney and members of his office in enforcing this contract on behalf of the
City shall be considered as "attorney's fees" for the purposes of this paragraph.
11. Comolete Aareement.
This agreement shall be the entire Agreement between the parties and
shall supersede any prior written or oral communication between parties.
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1 ATTEST:
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4 R (l{lj<.0L CPt1RJL
5 Rachel Clark, City Clerk.
~Aa.n!tuJ1u rim "-t~
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14 Approved as to form
And legal content:
CITY OF SAN BERNARDINO
Municipal Corporation of the
State of California
BROKER
(name) Ken Staley
(title) First Vice President
(CompanY)R r Fiver Co., Inc.
(location) Newport each, CA
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JAMES F. PENMAN
16 City Attorney
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By:
. f c:-v,~~"''lo.
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21 HRlAgenda Items.RESO.AON.SERVICES.CONTRACT 03/13/01
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