HomeMy WebLinkAboutResolution - 2016-R0244 - Amendment To Professional Service Agreement - Heritage RM LLC - 07/28/2016Resolution No. 2016-RO244
Item No. 6.22
July 28, 2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, First Amendment to that certain Professional Services
Agreement signed on June 29, 2015, for property"casualty insurance broker and consulting
services between the City of Lubbock and HeritageRM, LLC dba Sanford and Tatum Insurance
Agency of Lubbock, Texas, and related documents. Said Amendment is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
THAT the City Manager or designee may execute any routine documents and forms
associated with said insurance coverage.
Passed by the City Council on July 28, 2016
DANIEL M. P PE, MAYOR
ATTEST:
Reb cca Garza, City ecr tary
APPROVED AS TO CONTENT:
umcy White, D'e uty City Manager
APPROVED AS TO FORM:
n _
Jeklfart4eli, Assistant City Attorney
vw:ccdocs/RES.Amend-PSAgrmt-Sanford & Tatum
July 12, 2016
Resolution No. 2016-RO244
FIRST AMENDMENT TO AGREEMENT #12394 FOR
PROFESSIONAL BROKER/CONSULTANT
SERVICES BETWEEN
THE CITY OF LUBBOCK
AND
HeritageRM, LLC dba SANFORD AND TATUM
INSURANCE AGENCY
This FIRST AMENDMENT to a Professional Service Agreement ("Agreement") is made and
entered into this 28th day of JULY, 2016, by and between the CITY OF LUBBOCK, a
municipal corporation (hereinafter "CITY"), and HeritageRM, LLC dba SANFORD AND
TATUM INSURANCE AGENCY (hereinafter `BROKER/CONSULTANT").
RECITALS
WHEREAS, on June 25, 2015, CITY and BROKER/CONSULTANT entered into an
Agreement for Professional Services wherein BROKER/CONSULTANT was to place
Property and Casualty insurance for the City; and
WHEREAS, CITY and BROKER/CONSULTANT desire to amend the AGREEMENT
and revise the Scope of Services to include that BROKER/CONSULTANT will, in
addition to other insurance coverages listed, provide Cyber Liability Insurance.
NOW, THEREFORE, THE CITY AND BROKER/CONSULTANT HEARBY AGREE TO
AMEND THE AGREEMENT AS FOLLOWS:
EXHIBIT A. APPENDIX A: entitled "INSURANCE CONTRACTS CURRENTLY WRITTEN
FOR INSURED," is amended to add the following:
"11 Cyber Liability Insurance"
All of the terms and conditions of the AGREEMENT not modified by this First Amendment
shall remain in full force and effect.
WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.
Douglas
President
CIC, CRM
�Lj --
Daniel M. Pop4 Mayor
ATTEST:
Rebe ca Garza, City Secreta
APPROVED AS TO CONTENT:
- --I'
� t1►-4•tL
Quincy Deputy City Manager
APPROVED AS TO FORM:
J fa ell, Assistant City Attorney
TOTAL COMPENSATION FEE: $75,000.00
Total compensation fee based on current insurance contracts written
through Sanford & Tatum Insurance listed in appendix A.
Appendix A: Insurance contacts currently written for insured:
1 Municipal Package Excess Liability to include: General Liability,
Automobile Liability, Law Enforcement Liability, Public Officials E & O,
Employee Benefits Administration, and Employment Practices
Liability.
2 Property Insurance
3 Property Insurance - Dam
4 Boiler and Machinery Insurance
5 Inland Marine Insurance
6 Crime Insurance
7 Airport Liability Insurance to include: Airport Owners Liability and Non -
Owned Aircraft Liability
8 Pipeline Liability Insurance
9 Tenant User Lease Insurance Policy (TULIP)
10 Workers' Compensation
11 Cyber Liability Insurance
Professional Services Agreement — Sanford & Tatum Insurance Page 11 of 11
Explore coverage options on coverages not currently purchased by
5
City for review (subject to additional compensation agreed to by
Broker/Consultant and City).
Included
E.
Other Requirements:
1
Performing required services on a timely basis.
Included
2
Providing timely, comprehensive and understandable reporting.
Included
3
Prepare certificate of insurance forms as requested.
Included
4
Assist City with evaluation and selection of Third Party Administrators.
Included
5
Obtain insurance company loss runs as requested by City
Included
Assist City with evaluation and selection of Risk Management
6
Insurance System (RIMS).
Included
TOTAL COMPENSATION FEE: $75,000.00
Total compensation fee based on current insurance contracts written
through Sanford & Tatum Insurance listed in appendix A.
Appendix A: Insurance contacts currently written for insured:
1 Municipal Package Excess Liability to include: General Liability,
Automobile Liability, Law Enforcement Liability, Public Officials E & O,
Employee Benefits Administration, and Employment Practices
Liability.
2 Property Insurance
3 Property Insurance - Dam
4 Boiler and Machinery Insurance
5 Inland Marine Insurance
6 Crime Insurance
7 Airport Liability Insurance to include: Airport Owners Liability and Non -
Owned Aircraft Liability
8 Pipeline Liability Insurance
9 Tenant User Lease Insurance Policy (TULIP)
10 Workers' Compensation
11 Cyber Liability Insurance
Professional Services Agreement — Sanford & Tatum Insurance Page 11 of 11
Resolution No. 2015-RO21 1
Item No. 5,7
.lune 11. 2015
RESOLUTION
131: I'1' RESOLVED BY Tl II: CITY COUNCIL 01: TI I1". CITY 01: LUBBOCK:
Tl IAT the Nlayor of the Cite of Lubbock is hereby authorized and directed to execute for
and on behall' of the Cit1 of Lubbock, a Professional Services Agreement for property'lCasualtN
insurance broker and consulting services betwecn the CitN of Lubbock and Sanford and Tatum
Insurance CompanN of Lubbock, Texas, and related documents. Said Agreement is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes ol'thc City Council.
THAT the City Manager or dcsi�lince may execute any routine documents and forms
aS50elated with Said insurance coverage.
Passed by the Cite Council on June 25. 2015
GI. R I:IZ'I'SON.1\9.�1'OIZ
I:cl_ •cca Garza. Cite Secreta y _�
APPROVI D AS TO CO\ I'I:N I':
Quincy White, putt' City Manager
APPROVED AS TO FORi\l:
.Ic rf lartgell, �,\�.Sistant City Attorney
\,.\:ccduc5 RI:STSAarmi-Sanfuid & -I alum
\lad 28, 2015
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is entered into this 29th day of
June, 2015, by and between the City of Lubbock (the "City"), a Texas home rule municipal
corporation, and Sanford and Tatum Insurance Agency, Inc. (the "Broker/Consultant"), a Texas
corporation.
WITNESSETH
WHEREAS, Broker/Consultant has substantial skill and experience in placement of
property and casualty insurance for municipalities.
WHEREAS, Broker/Consultant has demonstrated competence and qualifications to
perform the Services, as defined below, and will perform the Services for a fair and reasonable
price;
WHEREAS, the City desires to contract with Broker/Consultant to perform services
related to the Activities and Broker/Consultant desires to provide the services related to same.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Broker/Consultant agree as follows:
ARTICLE I
Services
1.01 Broker/Consultant shall conduct all activities and within such time frames, as set forth on
Exhibit "A", "Scope of Services", attached hereto (the "Services").
ARTICLE II
Compensation and Term
2.01 The consideration to be paid for the Services to be provided the City as described in
Article I shall be $75,000 to be paid within ten (10) business days of the final execution
of this Agreement and within ten (10) business days of the execution of the renewal
hereof.
Professional Services Agreement — Sanford & Tatum Insurance Page 1 of 11
2.02 ALL PLACEMENT OF COMMERCIAL INSURANCE FOR THE CITY SHALL BE NET
OF COMMISSION TO THE BROKER/CONSULTANT AND ANY SUB -CONTRACTOR
OR AGENT THEREOF, AND SHALL BE PURSUANT TO LOCAL GOVERNMENT
CODE, CHAPTER 252.024, PURCHASING AND CONTRACTING AUTHORITY OF
MUNICIPALITIES, AND OTHER APPLICABLE LAW.
2.03 This term of this Agreement shall be one year and may be renewed for two (2) additional
one (1) year terms upon execution of a written agreement by the Broker/Consultant and
the City Manager of the City, but shall not extend, in any case, beyond June 29, 2018.
Additionally, the City or the Broker/Consultant may terminate this Agreement at any time
by providing thirty (30) days written notice to the other, however, if the Broker/Consultant
has completed the "Insurance Brokerage Services" outlined in Exhibit "A", the annual fee
for that term is guaranteed to the Broker/Consultant by the City.
ARTICLE III
Independent Contractor
3.01 It is understood and agreed that Broker/Consultant is to perform the Services in a sound
and professional manner and exercising the degree of care, skill, and diligence in the
performance of the Services as is exercised by a professional Broker/Consultant under
similar circumstances and Broker/Consultant hereby warrants to the City that the
Services shall be so performed. Further, Broker/Consultant is and shall be considered
at all times an independent contractor under this Agreement and/or in its service,
hereunder. During the performance of the Services under this Agreement,
Broker/Consultant and Broker/Consultant's employees will not be considered, for any
purpose, employees or agents of the City within the meaning or the application of any
federal, state or local law or regulation, including without limitation, laws, rules, or
regulations regarding or related to unemployment insurance, old age benefits, workers
compensation, labor, personal injury, or taxes of any kind.
Professional Services Agreement — Sanford & Tatum Insurance Page 2 of 11
ARTICLE IV
Events of Default/Remedies
4.01 City's Defaults/Broker/Consultant's Remedies. In the event the City shall default in the
performance of any term or provision of this Agreement for any reason other than failure
by Broker/Consultant to perform hereunder, Broker/Consultant may, if said default shall
be continuing after five (5) days notice of such default is deemed received by the City,
exercise any right or remedy available to it by law, contract, equity, or otherwise.
Broker/Consultant's Defaults/City's Remedies. In the event Broker/Consultant shall
default in the performance of any term or provision of this Agreement for any reason
other than failure by the City to perform hereunder, the City may, if said default shall be
continuing after five (5) days notice of such default is deemed received by
Broker/Consultant, exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, specific performance and/or the right to terminate
this Agreement without additional notice. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently.
ARTICLE V
Insurance/Indemnity
5.01 Broker/Consultant shall procure and carry, at its sole cost and expense through the life
of this Agreement, insurance protection as hereinafter specified, in form and substance
satisfactory to City, carried with an insurance company authorized to transact business
in the state of Texas, covering all aspects and risks of loss of all operations in
connection with this Agreement, including without limitation, the indemnity obligations set
forth herein.
Broker/Consultant shall obtain and maintain in full force and effect during the
term of this Agreement, commercial general liability, professional liability, and
Professional Services Agreement — Sanford & Tatum Insurance Page 3 of 11
automobile liability coverage with insurance carriers admitted to do business in the state
of Texas. The insurance companies must carry a Best's Rating of A -VII or better. The
policies will be written on an occurrence basis, subject to the following minimum limits of
liability:
Professional Liabil
Combined Single Limit: $1,000,000
General Liability:
Combined Single Limit $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $1,000,000
The City shall be granted a waiver of subrogation under the Professional Liability and
Automobile Liability policies. Broker/Consultant, or their agent, shall provide to the City
evidence of coverage.
Broker/Consultant shall elect to obtain worker's compensation coverage pursuant
to Section 406.002 of the TEXAS LABOR CODE. Further, Broker/Consultant shall maintain
said coverage throughout the term of this Agreement and shall comply with all provisions
of Title 5 of the TEXAS LABOR CODE to ensure that the Broker/Consultant maintains said
coverage. The Broker/Consultant may maintain Occupational Accident and Disability
Insurance in lieu of Worker's Compensation. In either event, the policy must be
endorsed to include a waiver of subrogation in favor of the City of Lubbock.
Broker/Consultant shall provide to the City evidence of coverage.
If at any time during the life of the Agreement or any extension hereof,
Broker/Consultant fails to maintain the required insurance in full force and effect,
Broker/Consultant shall be in breach hereof and all work under the Agreement shall be
discontinued immediately.
Professional Services Agreement — Sanford & Tatum Insurance Page 4 of 11
ARTICLE VI
Miscellaneous
6.01 The Broker/Consultant may engage other persons or consultants ("Sub -contractor") in
order to perform all or part of the services outlined in Exhibit "A". Any expenses relating
to the engagement of any Sub -contractor shall be the sole responsibility of the
Broker/Consultant.
6.02 Broker/Consultant shall comply with all laws, statutes, regulations, ordinances, rules,
and any other legal requirement related to, in any way, manner or form, the performance
of the Services contemplated herein.
6.03 Any notice required by this Agreement shall be deemed to be properly served, if (i)
provided in person or by telephonic facsimile; or (ii) deposited in the United States mail
by certified letter, return receipt requested, addressed to the recipient at recipient's
address shown below, subject to the right of either party to designate a different address
by notice given in the manner just described. Notice shall be deemed to be received
when delivered if provided in person or by telephonic facsimile or, if deposited in the
United States mail, as set forth above, three (3) days after depositing such notice in the
United States mail, as set forth above.
For City:
Risk Management
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3316
W/ copy to:
City Attorney
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3307
Professional Services Agreement — Sanford & Tatum Insurance Page 5 of 11
For Broker/Consultant:
Douglas Sanford, CIC, CRM, Co -Chief Executive Officer
Sanford and Tatum Insurance Agency
P. O. Box 64790
Lubbock,Texas 79464
Facsimile: (806) 792-9344
6.04 The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation the right to seek any and all forms of
relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, the former shall control.
6.05 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT
REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF
THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES
CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN
LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO
THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL
EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS.
6.06 This Agreement represents the entire and sole agreement between the City and
Broker/Consultant with respect to the subject matter hereof and supersedes any and all
prior negotiations, understandings, representations or other agreements, whether written
or oral. This Agreement may not be modified or amended except in writing and duly
executed by each party hereto.
Professional Services Agreement — Sanford & Tatum Insurance Page 6 of 11
6.07 Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal — agent relationship between Broker/Consultant and the City.
6.08 If any provision of this Agreement is declared invalid or unenforceable, such provision
shall be deemed modified to the extent necessary to render it valid and enforceable so
long as said modification is reasonably within the intent the parties as originally
expressed. In the event such provision may not be so modified, the unenforceability or
invalidity of any provision shall not affect any other provision of this Agreement, and this
Agreement shall continue in force and effect as if such provision had not been included
in this Agreement.
6.09 Any and all documents, drawings and specifications prepared by Broker/Consultant as
part of the Services hereunder, shall become the property of the City when
Broker/Consultant has been compensated as set forth in Section 2.01, above.
6.10 A waiver by either City or Broker/Consultant of a breach of this Agreement must be in
writing to be effective. In the event either party shall execute and deliver such waiver,
such waiver shall not affect the waiving party's rights with respect to any other or
subsequent breach.
6.11 Neither City nor Broker/Consultant may assign this Agreement, in whole or in part,
without the written consent of such assignment by the non -assigning party except as
respects to Section 6.01 above. City and Broker/Consultant each bind itself or himself,
their legal representatives and permitted assigns in respect to all provisions of this
Agreement.
6.12 Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than City and Broker/Consultant.
6.13 Broker/Consultant represents and warrants to City that it has taken all actions necessary
to authorize the party executing this Agreement to bind, in all respects,
Professional Services Agreement — Sanford & Tatum Insurance Page 7 of 11
Broker/Consultant to all terms and provisions of this Agreement, and that such person
possesses authority to execute this Agreement and bind Broker/Consultant hereto.
6.14 Broker/Consultant further represents and warrants to City that Broker/Consultant is
properly and currently licensed by the State of Texas to undertake the activities
contemplated by this Agreement, and will remain so licensed for the duration of the
Agreement.
Professional Services Agreement — Sanford & Tatum Insurance Page 8 of 11
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives as of the date first written above.
Sanford and Tatum Insurance Agency, Inc
Douglas Sa ord, CIC, CRM
Co -Chief Executive Officer
City of Lubbock
Glen obertson, Mayor
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy White, Deputy City Manager
APPROVED AS TO FORM:
Jeff Hartsell, Asst, City Atty
Professional Services Agreement — Sanford & Tatum Insurance Page 9 of 11
Exhibit "A"
Scope of Services
A.
Insurance Brokerage Services:
1
Represent insured in all negotiations with insurance providers on all
Included
issues including those related to premiums, plan designs and
contracts.
2
Prepare applications and supporting documents based on data
Included
collected and direct input from the insured to solicit proposals for all
subject insurance contracts.
3
Analyze and evaluate proposals received for renewals based on cost,
Included
claim payment procedures, customer service, carrier reputation and
financial responsibility and any other unique or required features.
4
Recommend the most economical programs based on premium to
Included
transfer risk relative to the amount of risk retained.
5
Provide due diligence marketing report for each line of coverage
marketed.
Included
B. Execution of Contracts and Agreements:
1 Ensure that contracts from insurance providers are executed as Included
expeditiously as possible after award.
2 Review and be responsible for the accuracy and correctness, prior to Included
delivery, of insurance contracts.
3 Work to resolve insurance company issues that may arise during the Included
term of the contracts.
C. Presentations and Meetings:
1 Make presentations to Executive Management and Council. Included
2 Present stewardship reports to Executive Management and Council as Included
requested, at least twice annually.
3 Meet with Executive Management as needed for special or unique Included
circumstances.
4 Meet as necessary with Risk Management to address progress of Included
Scope of Services.
D. Consultation:
1 Provide service for day -to day contact and advice on insurance Included
matters as needed.
2 Assist City with risk transfer/retention and insurance requirement on Included
contracts, leases and bonds as necessary.
3 Conduct bi-annual claim reviews to identify potential loss control Included
measures that would be beneficial to the City.
4 Advise the insured of any "gaps" in coverage or inadequate coverage Included
relative to the limited products that Sanford &Tatum are currently
providing.
Professional Services Agreement— Sanford & Tatum Insurance Page 10 of 11
Explore coverage options on coverages not currently purchased by
5 City for review (subject to additional compensation agreed to by
Broker/Consultant and City). Included
E. Other Requirements:
1 Performing required services on a timely basis. Included
2 Providing timely, comprehensive and understandable reporting. Included
3 Prepare certificate of insurance forms as requested. Included
4 Assist City with evaluation and selection of Third Party Administrators. Included
5 Obtain insurance company loss runs as requested by City Included
Assist City with evaluation and selection of Risk Management
6 Insurance System (RIMS). Included
TOTAL COMPENSATION FEE: $75,000.00
Total compensation fee based on current insurance contracts written
through Sanford & Tatum Insurance listed in appendix A.
Appendix A: Insurance contacts currently written for insured:
1 Municipal Package Excess Liability to include: General Liability,
Automobile Liability, Law Enforcement Liability, Public Officials E & O,
Employee Benefits Administration, and Employment Practices
Liability.
2 Property Insurance
3 Property Insurance - Dam
4 Boiler and Machinery Insurance
5 Inland Marine Insurance
6 Crime Insurance
7 Airport Liability Insurance to include: Airport Owners Liability and Non -
Owned Aircraft Liability
8 Pipeline Liability Insurance
9 Tenant User Lease Insurance Policy (TULIP)
10 Workers' Compensation
Professional Services Agreement — Sanford & Tatum Insurance Page 11 of 11