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Res 1067 - Agmt Alex & Alex Ins COUNCIL BILL NO. 1319 RESOLUTION NO. 1067 A RESOLUTION ENTERING INTO A CONTRACTUAL SERVICES AGREEMENT AND DESIGNATING ALEXANDER AND ALEXANDER, INC., AS INSURANCE AGENT OF RECORD. WHEREAS, the City is required to appoint an insurance agent of record every three years, and WHEREAS, the City Recorder has requested proposals from interested firms who are capable of providing adequate service, and WHEREAS, following an evaluation of the proposals it has been determined that Alexander & Alexander, Inc. would provide the City with an acceptable level of service, now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Alexander & Alexander, Inc. retaining that firm as the City's Insurance Agent of Record. Section 2. That the terms and conditions of said agreement are hereby adopted. The entire agreement being appended to this resolution, and, by reference, incorporated herein. Section 3. That the Mayor is authorized Administrator, or his designee, to administer said a reeme Approved as to form~~ City Attorney to execute and the City on behalf of the City. 7- 2-1/ APPROVED Date 7z,Rf W ~ FRED W. KYSER, M R Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST fJ1a<-iJ:f. ~ Mary Tenn t, Deputy Recorder City of Woodburn, Oregon July 8, 1991 July 9. 1991 July 9, 1991 July 9. 1991 Page 1 - COUNCIL BILL NO. 1319 RESOLUTION NO. 1067 CONTRAcruAL SERVICES AGREEMENT THIS AGREEMENT, entered into this first day of July 1991, by and between the City of Woodburn, hereinafter referred to as "Client", and Alexander & Alexander Inc. , hereinafter referred to as "Agent". WITNESSETH WHEREAS, the Client intends to engage and does hereby engage Agent to serve as Client's Insurance Agent of Record. NOW TIIEREFORE, for the consideration hereinafter set forth, it is agreed by and between the parties as follows: I. The Agent shall provide professional services to the Client as follows: Supervise the placement and service of all Qient's bonds and insurance, with the exception of Employee benefits and Workers' Compensation, including, but not limited to, services as outlined in Agent's Proposal to Client, dated June 12, 1991. II. The Client agrees to compensate the Agent in the following manner: As consideration for services, City of Woodburn agrees to pay Alexander & Alexander Inc. an annual fee of $4,000, payable within thirty (30) days of receipt of the statement from Alexander & Alexander Inc., with respect to the brokerage services to be provided hereunder, Alexander & Alexander agrees, subject to all relevant market conditions, to use its best efforts to obtain insurance coverage for Client on the basis of a net premium without commissions payable to Alexander & Alexander. In the event Alexander & Alexander is required, by agreements with insurers or other- wise, to receive commissions on any such coverage obtained, Alexander & Alexander agrees, if and to the extent permitted by the law applicable to such insurance tran- sactions, to credit all such commissions received against, and as a credit to the, fees described above. To the extent that the commissions received by Alexander & Alexander during the term of this agreement exceed the fees due Alexander & Alexander for said term shall be carried over and credited to the next year's fees payable byethe City to Alexander & Alexander. In the event that any mergers or acquisitions are. made by the Client which result in a material increase in responsibilities and time spent by Alexander & -Page 1- Alexander beyond the original contemplation of the parties, the fee set forth above shall be subject to renegotiation. ID. The Oient agrees: (a) To assist Agent by placing at his/her disposal available written data per- tinent to the proposed project or service. (b) To guarantee access to the Oient's property and records as required by the Agent to perform his/her services under this agreement. (c) To give prompt notice to Agent whenever the Client observes or otherwise becomes aware of any deficiency in the proposed project or services. IV. The Agent and the Client agree: (a) Agent shall commence performance under this agreement by July 1, 1991. (b) In the event a suit or action is instituted by either party to procure any remedy for breach hereof, it is understood and agreed by the parties hereto that the prevailing party shall be awarded such sum as the court may adjudge as reasonable attorney's fees in such suit or action, including fees on appeal. (c) The additional provisions as set forth in Exhibit 'A' as attached hereto are made a part of this agreement. (d) Either party may cancel this agreement by giving ninety (90) days written notice . (e) This agreement will expire on June 30, 1994. IN WITNESS WHEREOF, the parties hereto have made and executed this agreement the day and year first above written. ~GENT: Alexander & Alexander Inc. )' ~-~ \ {C L LU--j;;('/f . {4-<-^h- 'CPGU - i A'ccount Executivet CLIENT: City of Woodburn -Page 2- ^.,._.--_...._~.._,_._..~---~..._~---_..- AGREEMENT FOR COMPUTER SOFTWARE CONSULTANT I. Parties This Agreement, hereinafter "Agreement", is made and entered into as of July 9 , 1991, by and between the CITY OF WOODBURN, a municipal corporation of the State of Oregon, hereinafter "City," and TERRY L. RICHARDSON, a computer software consultant, hereinafter "Contractor." The parties intend to create an "owner-independent contractor" relationship. Although it is understood that City retains general supervisory control over Contractor's work, for most purposes Contractor will perform services described in this agreement while exercising independent judgment as to the manner of performance. II. Term Provisions The term of this agreement shall commence on July 8, 1991, and shall continue until June 3D, 1992. This agreement may be then renewed by mutual agreement of the parties for one year periods. Either party may terminate this agreement for any reason by giving the other party thirty (30) days prior written notice. III. Descriotion of Duties Contractor represents that he is fully qualified, without benefit of further training or experience, to perform duties as a computer software consultant for City. IV. Comoensation City agrees to pay Terry L. Richardson the sum of $1920.00 in one installment on or before July 15, 1991 for support of City's computer system software located at City Hall, Woodburn, Oregon. Contract price includes 12 months service at $160.00 per month. This contract includes one trip per month to the City of Woodburn, Oregon from July 1, 1991 through June 30, 1992. Four hours of programming, hardware delivery or general computer related consulting to be determined by the city of Woodburn and Terry L. Richardson will be performed during each monthly trip, additional consulting over the monthly four hours will be performed at half price of $25.00 per hour. AGREEMENT - Page 1 of 3 . ~,.. '. i .-_.. "..,.~~' 4. Assist the Risk Management Coordinator in risk reduction efforts by coor- dinating (expediting) loss prevention services. The City Insurance Consultant will see that boiler machinery is inspected and annually a copy of the report delivered to the Risk Management Coordinator. The City Insurance Consultant will see that loss control services are provided on City property and a report submitted annually. 5. Assist the Risk Management Coordinator in insurance purchase and service by: A. Develop a complete set of insurance specifications including required coverages, desired forms, deductibles and limits. B. Develop a City Risk Management Program guidelines manual to include claims handling procedure. C. Present specifications to insurance markets and negotiate premiums and coverage. D. Analyze insurance company fiscal stability. E. Provide competitive quotations in spread sheet format detailing and comparing coverage forms and pricing. Review Quotes for conformance with specs. All quotes to be provided net of commission. If net quotes are not possible, then commission is to be declared and offset against fee. F. Service policy changes as required. 6. Assist Risk Management Coordinator in control of risk management process by: providing insurance claims information and providing estimates of future premium amounts for budgeting. 7. Provide a back-up service person who is continually updated on the status of the City's insurance program. 8 . Develop and maintain a detailed specifications manual for insurance marketing purposes. (See Item 5 B) 9 . Provide annual report on marketing efforts with reasons for coverage design . -Page 2- "EXHIBIT A' CITY OF WOODBURN INSURANCE CONSULTANT Job Description General Statement of Duties Responsible for the purchase and service of insurance on behalf of the City of Woodburn and to aid the City Risk Management Coordinator in carrying out his/her duties . Supervision Received Under supervision of the City Risk Management Coordinator, who will approve all major transactions relating to insurance. Authority Exercised To communicate and negotiate with insurance companies and insurance related ser- vice organizations on behalf of the City, including divulging City information per- tinent to underwriting and procurement of data held by such company or organization on the City's behalf. Examples of Duties Performed (The examples do not include all duties which may be performed) 1. Assist the Risk Management Coordinator in identifying the City's risks, including: valuation of real and personal property and loss of use thereof; identifying risks from insurance company claim records. 2. Meet with the Risk Management Coordinator and Claims Adjuster 60 days in advance of the major policy renewal date to review the policies and plans for renewal. Meet quarterly for the same purpose during the policy year. 3. Assist the Risk Management Coordinator in risk evaluation by supplying insurance claims data showing claims and severity as needed. The claims adjusting agency will provide the City Insurance Consultant reports on a quarterly basis. The City Insurance Consultant will provide a loss report of insured exposures, particularly property, on a quarterly basis. Continued -Page 1- . _..~_,,_. L__..' ..... ..