Insurance Broker Agreement (2007)
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\\ INSURANCE BROKER AGREEMENT
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This agreement is made and entered into this 1st day of April 2007, by and between the
City of Salina, Kansas, hereinafter referred to as the "CITY" and Sunflower Insurance
Group, Inc. hereinafter referred to as "SIG."
RECITALS:
WHEREAS, insurance broker services are necessary to gain access to property and
liability insurers; and
WHEREAS, the Governing Body of the CITY has determined that to help accomplish
this, it is necessary to contract for services of SIG; and
WHEREAS, SIG has offered their services in such'a capacity and the parties hereto
agree as follows:
SECTION I. CONTRACT ADMINISTRATION
On behalf of the CITY, the contract shall be administered by the City Manager. SIG
shall report to the City Manager. . The CITY reserves the right to request or approve
changes in SIGpersonneJ assigned to the account... i.. .,. .
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SECTION II. SIG DUTIES
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The duties and services of SIG shall include, but shall not be limited to:
1. Obtain insurance renewal information from the CITY or the CITY's Risk
Management Consultant.
2. Work with the CITY and their Risk Management Consultant to formulate a
marketing strategy for the renewal of the CITY's commercial insurance package.
3. Produce comprehensive submissions including completion of insurance
applications with the assistance and approval of the CITY.
4. Formally present these submissions to each selected marketas directed by the
CITY or the CITY's Risk Management Consultant. Negotiate with the carriers on
the CITY's behalf and ke~p the CITY informed of significant developments in those
negotiations.
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5. Provi~~ :!~e CITY with pricing and coverage information as provided by the carriers.
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6. Place/bind insurance coverage as instructed by the CITY.
7. 'Prepare"and distribute binders,. auto I D cards certificates and EPl's prior to the
effective date of the com'mercial package pol cy.
8. Prepare and deliver premium invoices to the CITY.
9. Process endorsement requests from the CITY.
10. Review the accuracy of all. the commercial package policies for the CITY within 30
days of receipt of such policy from the carrier.
11. Distribute three copies of the policies to the CITY within 30 days of receipt of the
policies from the carrier.
12. Prepare for and attend meetings, as requested by the CITY.
13. . Provide technical assistance regarding coverage questions, risk financing and loss
control programs or techniques as requested by the CITY.
14. Provide financial information for each insurer providing coverage to the CITY. .
15. Provide an annual policy summary in CITY's format, including basic limits,
deductibles, policy numbers, insurer and premiums by July 15.
16. By February 15, 2008, SIG will prepare a stewardship report which will include a
complete list of insurance in force, an evaluation of the overall insurance program,
including options or recommendations for change (and information regarding new
coverages available), a forecast of market conditions, estimated future premiums
for budgeting purposes.
17. Provide assistance in the documentation, presentation, negotiation and settlement
of claims with insurance carriers on the CITY's behalf. All original pictures and
documents provided by the CITY will be remitted to the appropriate insurance
carrier.
18. Field inquiries from claimants and follow-up with carrier until the claim has closed.
19. Provide a monthly status report qfclCiims on or near the 15th of each month. This
reportwiii be submitted to the Risk Management Specialist for review. Respond to
any questions or concerns this report may generate.
20. Inform the CITY of upcoming seminars that SIG becomes aware of that may be
beneficial to the CITY for loss control/risk management purposes.
SECTION III. COMPENSATION
The CITY agrees to pay SIG a fee of .$27.500 for all services performed during the
duration of this agreement. CITY shall pay within thirty (30) days of receipt of the
billing. With respect to all insurance coverage placed by SIG for the CITY during the
term of this contract, SIG will disclose commissions received by SIG and will credit such
commissions against SIG's compensation. Any excess commissions will be carried
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forward and applied against future compensation for any subsequent years of this
contract. The parties recognize that under traditional insurance carrier/agency
contracts, additional compensation may be paid to the agency if certain growth and
profitability targets are met. These payments are based on the performance of all
customers placed with the insurance company by the agency and such payments are
not related to the individual results of coverage placed on behalf of the CITY. These
payments are not required to be disclosed nor credited to the CITY under this section.
SECTION IV. INSURANCE
SIG agrees to maintain Professional Liability insurance in an amount of no less than
$1,000,000 and, upon request, provide the CITY with certification thereof.
SECTION V. INDEPENDENT CONTRACTOR
SIG is an independent contractor and as such is not an employee of the CITY. SIG is
responsible for any and all federal, state and local taxes.
SECTION VI. ASSIGNMENT
Parties hereto agree that neither shall assign, sublet or transfer their interest in this
contract without the written consent of the other and further agree that this contract
binds parties, their successors, trustees, assignees and legal representatives.
SECTION VII. EQUAL OPPORTUNITY LAWS
SIG agrees to abide by all Federal, State and local Equal Employment Opportunity
Laws, including filing an affirmative action plan with the City of Salina Human Relations
Department.
SECTION VIII. PROHIBITION AGAINST CONTINGENT FEES
SIG warrants that it has not employed or retained any company or person, other than a
bona fide employee working for SIG, to solicit or secure thiscontract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, or percentage, brokerage fee, gifts or any other consideration
contingent upon or resulting from the award or making of this contract. Any
intermediaries may be compensated by the insurance company out of paid insurance
premiums. For breach or violation of this warranty, the CITY may terminate this
contract without liability or may, at its discretion, deduct from the contract price or
otherwise recover the full amount fee, commission, percentage brokerage fee, gift or
contingent fee.
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SECTION IX. APPLICABLE LAW
This contract is entered into under the pursuant to, and is to be construed and
enforceable in accordance with, the laws of the State of Kansas.
SECTION X. . DURATION OF CONTRACT
This contract shall be in force and effect from and after the 1 st day of April 2007 to
March 31,2008. Notwithstanding the terms of this contract, the CITY will have the right
to terminate at any time upon 60 days prior written notice. However, in the event such
mid-term termination is made by the CITY other than as a result of a breach by SIG,
SIG will be deemed to have earned the annual compensation for that year in
accordance with the following schedule:
* 50% at inception
* 1 00% after four months
SIG obligation to render services under this Agreement will terminate simultaneously
with the effective date of termination of this Agreement.
In witness thereof, the parties hereto have caused this contract to be executed and in
effect the day and year first written above.
ACCEPTED AND AGREED:
SUNFLOWER INSURANCE GROUP, INC.
By: ~~ ~~
Date:
1,/??J~7
By:
Date:
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Rev. 3/07