Loading...
HomeMy WebLinkAboutAPPLIED RISK SOLUTIONS - CONTRACT - RFP - P668 RISK MANAGEMENT INSURANCE CONSULTANTPROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and APPLIED RISK SOLUTIONS, INC., a corporation, hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the Scope of Services attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference and any Work Orders for Risk Management Consultant services issued by the City. A blank sample of a work order is attached hereto as Exhibit "B", consisting of one (1) page and is incorporated herein by this reference. No Work Order shall exceed $30,000. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to Scope of Services (Exhibit "A") of this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 15, 1998.. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the panties hereto. 4. Contract Period. This Agreement shall continue in full force and effect until December 31, 1998, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) WOPSA 10/97 additional one year periods. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address: PROFESSIONAL: James M. Graham, CIC Principal Applied Risk Solutions, Inc. 12200 E Briarwood Ave Suite 205 Englewood CO 80112 CITY: Stewart Ellenberg ARM Risk Manager City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 COPY TO: James B. O'Neill II, CPPO Director of Purchasing and Risk Management City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to plans, reports, and specifications and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City WOPSA 10/97 2 its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorneys fees arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed for the first project pursuant to this Agreement, the City agrees to pay Professional according to the fees and costs listed on Exhibit "C", consisting of one (1) page and incorporated herein by this reference. Such fees and cost shall not exceed Eight Thousand Two Hundred Twenty-five Dollars ($8,225.00). Any additional work order projects will be billed at the Professionals hourly rate listed in Exhibit "C". Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all plans, reports, specifications, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City WOPSA 10/97 3 Representative with a written report of the status of the work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail WOPSA 10/97 4 himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. THE OF FORT COLLINS, COLORADO By:l�\J Ja s B. O'Neill II, CPPO bio(ector of Purchasing & Risk Management Date: 1 APPLIE"ISK SOLUTIONS, I By: Title: /"/Trcurl� CORPORATE PRESIDENT OR VICE PRESIDENT Date: 2 f Z`, ATTEST: n .� ;Corporate dal) Corp rate Secretary WOPSA 10/97 5 EXHIBIT "A" SCOPE OF WORK 1. Make a recommendation on best process to use to approach the insurance markets. 2. Review the RFP criteria for broker selection. Once proposals are submitted, assist if necessary with selection. 3. Assist with market assignments to brokers. 4. Review current insurance programs and make recommendations for program enhancements. 5. Prepare insurance policy language for the bid specifications. 6. After specifications are released, field underwriting questions. 7. Analyze insurance bids and prepare written recommendations within two weeks after the bid opening. 8. Assist with last minute negotiations, if necessary. 9. Review insurance policies when issued to determine compliance with the letter of agreement, the program proposal and bid specifications. Assist with achieving the inclusion of omitted items until completion. WOPSA 10/97 1 EXHIBIT "B" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND APPLIED RISK SOLUTIONS, INC. DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. Professional By: WOPSA 10/97 User The attached forms consisting of _ U pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. City of Fort Collins By:. EXHIBIT "C" Fees and costs Consultants Hourly Rate James Graham $125 Terry Wilbur $125 Clerical Staff Jennifer Johnson $35 Ann Graham $35 Estimated Fees Hours Consulting Services: Step One- -Program Audit 8 $1000 Step Two -Report Development and Issuance 6 $750 Step Three -Broker Selection Criteria Review & -Recommendations 3 $375 Step Four -Broker Selection Via Scoring Process 4 $500 Step Five -Insurance Marketing Approach Assistance 3 $375 Step Six -Market Assignment Assistance 3 $375 Step Seven -Coverage Sections Preparation 5 $625 Step Eight -Marketing Assistance 6 $750 Step Nine -Analysis of Proposal 15 $1875 Meetings (3) 6 $750 Total Consulting services: 59 $7375 Clerical services: 20 $700 Expenses: Mileage (3 meetings at the City) $150 Copying Included Total Fee Estimate and project maximum: $8225 Optional Risk Management Services Compliance review $500 Fees are payable through an initial retainer of $2,500 the remainder to be billed as incurred. We will render monthly statements itemizing our work effort, and payment is due in 10 calendar days. Our fee estimate contemplates an open line of communication between ARS and the City. It also contemplates that necessary analysis data will be compiled and provided to us on a timely basis. �O-1I KVL HnbbUl: iH l tb fAr M F , A Xy� ° ^^f"K�^f " ,I,, F , 1 ��� } �,� ��� j�► ��ylE• �.� �,IK : VATS (MMI03 6/ 9 .�. THIS CERTIFICATE IS ISSUED AS A MATTER of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PRODUCER Carver S Associates Ins Sery 7710 Ralston Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 567 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Arvada CO 80001 COMPANIES AFFORDING COVERAGE COMPANY A Continental Western Insurance ' Carv®r and Associates Phone No. 303-'4 0. INSURED COMPANY B United National Insurance Co. COMPANY Applied Risk Solutions C 12200 E Briarwood Ave #205 Englewood CO 80112 COMPANY D CbuRACfEB :: r •: THIS Is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIYY) POLICY EXPIRATION DATE(MWDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,0000000 A COMMERCIAL GENERAL LIABILITY BLN48 01/19/98 01/19/99 PRODUCTS •COMPIOPAGG s2,000,000 CLAIMS MADE 7OCCUR PERSONAL 6ADVINJURY $ 1 000 000 EACH OCCURRENCE $ 1,000,000 OWNEIVS 3. CONTRACTOR'S PROT X BOP _ FIRE DAMAGE (Any one fire) Is 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY A ANY AUTO COMBINEDSING1.16OMIT 81,000,000 BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 9LN48 01/19/98 01/19/99 X BODILY INJURY (Por aacldenn S X PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT S OTHER THAN AUTO ONLY EACH ACCIDENT $ 17 AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE S UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I kN 57 D Y AlUS C ER EL EACH ACCIDENT S THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE EL DISEASE • POLICY LIMIT S EL DISEASE - EA EMPLOYEE S OFFICERS ARE. EXCL OTHER A BOP 9LN48 01/19/98 01/19/99 PROPERTY $40,000 B Errors 6 Omissions i EO-013208 03/24/98 03/24/99 Cl. Made $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONsrVBHICL6sISPrGIAL ITEMS Insurance Risk Management Consultant. V �IY:[ �IM/r..,:�U��R:.'; ..... .... ). . �: f .' �'•K/1';4��F!nS^^a �, i eK i CITYO-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City/ OF rt . Collins Administrative Services Purchasing Division 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P . O. BOY 380 OF ANY KIND UPON THE COMPANY, ITS AGENT OR REPR ATIVES. AUTHORIZED REPRESENTATIVE Fort Collins CO 90522-0580 00, Carver and Assoei� ,