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HomeMy WebLinkAboutCulpepper Group STANDARD AGENCY AGREEMENT BETWEEN BOARD OF PUBLIC WORKS and SAFETY for the CITY OF JEFFERSONVILLE (Hereinafter, the Board) and CULPEPPER GROUP, INC. (Hereinafter, Agent of Record) WITNESSETH: The Board hereby appoints Edward Culpepper Cooper and Culpepper Group, Inc. its Agent of Record to solicit new applications within the State of Indiana for all insurance products as shown on Schedu e A, attached to this Agreement and incorporated herein by reference. ARTICLE I DUTIES OF AGENT OF RECORD Agent of Record shall have the power to appoint subagents of record within the limitations of the terms of this Agreement for the purpose of procuring applications for insurance coverage and forwarding the same to the Board for action. Within sixty (60) days of the end of February of each year in which this Agreement is effective, Agent of Record shall provide a list of the names and addresses of all subagents to whom the Agent of Record is paying a commission for the Board's business. The Board reserves the right to require the Agent of Record to sever the relationship with any such subagents of record upon thirty (30) days written notice to the Agent of Record. Agent of Record will comply and will cause and require his subagents of record to comply with all the applicable State and Federal laws and with the Regulations of the Indiana Department of Insurance, including the procurement of prescribed licenses. Agent of Record will comply and will cause and require his subagents of record to comply with the Board's rules and regulations relating to the completion and submission of applications. Agent of Record warrants that Agent of Record will, and will cause and require his subagents of record to, diligently and to the best of their ability insure that the facts set forth by any applicant in any application they solicit are true and correct. Agent of Record further warrants that each applicant will be fully informed that the Board will rely solely upon those representations in rejecting, conditionally accepting or contracting with each Insurance Company and that the subsequent discovery by the Board of material facts known by the Insurance Company and either not disclosed or misrepresented on the application can result in the cancellation of any contract entered into in the reliance thereon. Agent of Record will, and will cause his subagents of record to, conduct their business so as to not adversely affect the business, good standing and reputation of the Board of Public Works and Safety for the City of Jeffersonville. Agent of Record will not hold any monies belonging to the Board; however, in the event funds are directed to the Agent of Record, Agent of Record will securely hold, for the benefit of the Board, any monies belonging to the City separate and distinct from other accounts and in no case make any improper use of such funds. Agent of Record will remit any such funds to the Board within ten (10) business days of receipt thereof. Agent of Record agrees not to employ or make use of any advertisement in which the City of Jeffersonville or names of the Board members will be utilized without the prior written approval and consent of the Mayor of the City of Jeffersonville. The Agent of Record, and appointed subagents of record, shall act solely as independent contractors, and as such, shall control in all matters their time and effort in the placement of products offered hereunder. Nothing herein contained shall be construed to create the relationship of employer and employee between the Agent of Record and/or subagents of record and/or the Board. Agent of Record shall indemnify and hold the City of Jeffersonville harmless from all expense, costs, causes of action and damages resulting from or growing out of any negligence and/or unauthorized act or transaction by the Agent of Record and any appointed subagents of record or employees of Agent of Record. The Board shall indemnify and hold the Agent of Record harmless from all expense, costs, causes of action and damages resulting from or growing out of any negligence and/or unauthorized act or transaction by the Board or any employees of the City of Jeffersonville. The Agent of Record has the power on behalf of the City of Jeffersonville to bind coverage, to make, alter or discharge any contract, or to waive or forfeit 2 A= the performance of any of the terms and conditions of any policy or other contract to which the City of Jeffersonville is a party as long as he has written permission of at least two Board of Public Works members or the Mayor of the City of Jeffersonville. The Agent of Record shall prepare specifications for requests for bids or proposals for the annual insurance coverage for the City of Jeffersonville. The Agent of Record shall provide to the Board for consideration a minimum of eight (6) responsive bid submissions or proposals from qualified providers for each annual renewal of coverage, if requested. The Agent of Record may work with any local servicing agent, if selected by the Board and shall compensate the local agent from the compensation paid to the Agent of Record by the Board, as agreed to in writing by all parties. ARTICLE II RIGHTS RESERVED TO BOARD OF PUBLIC WORKS The Board reserves the right to reject any and all applications submitted by Agent of Record or appointed subagents. The Board reserves the right to select what products will be accepted pursuant to this agreement. The Board reserves the right to discontinue the underwriting or offering of products which become the subject of this Agreement upon three hundred sixty-five (365) days written notice to the Agent of Record. All printed material, applications, and sales literature and computer software which the Agent of Record furnishes to the Board shall remain the property of the Agent of Record subject at all times to his control, and same shall be returned to the Agent of Record upon written demand. ARTICLE III COMPENSATION Compensation for the Agent of Record shall be based on the terms, conditions, and rates for each type of product to be offered, which are set out hereafter in this Agreement and Schedule A. Any changes in the compensation rates shall be effective only on the renewal date of an existing account or upon three hundred sixty-five (365) days written notice for new 3 accounts. The accounts subject to this Agreement are set forth in the Schedule A attached hereto and made a part hereof. The Board and the City · rs of Jeffersonwlle may add said accounts upon Agent of Record's submission of an account for acceptance and written acknowledgment of such acceptance. Payments to the Agent of Record shall consist of the percentages of earned premiums paid and factors by the account as set forth on Schedule A. Earned premiums are defined as premiums due and paid pursuant to the contract of insurance between the Board and the account. The Agent of Record shall be paid no later than the twentieth (20t~) day of the month following the month of premium application by the Insurance Company or the City of Jeffersonville. If the Board recalls or rescinds a policy or contract written by the Agent of Record or appointed subagents and receives the premium paid thereon, the Agent of Record shall not be required to repay the Board or the City of Jeffersonville the amount of commission payment received on premiums returned. The Board shall have the right to offset amounts overpaid by the Board to the Agent of Record against compensation due to Agent of Record by the Insurance Company. ARTICLE IV TERM This Agreement shall continue in full force and effect for a term of twenty-four (24) months from the date of its execution by the parties and, unless terminated as provided herein, it shall be automatically renewed for successive twelve (12) month periods. ARTICLE V TERMINATION A. Except as otherwise provided, this Agreement and the agency created hereunder shall terminate three hundred sixty-five (365) days after wdtten notice is served by either party upon the other party only for good cause shown, but in no event prior to December 31, 2004. The parties expressly agree that subject to provisions of paragraph B of this Article, any termination of this Agreement will not in any fashion terminate the obligations of the parties with respect to such business which shall remain in force and effect 4 until the cancellation or termination date of any such policy or contract of insurance. Written notice, as provided herein, to be sent to: Culpepper Group, Inc. Agent of Record cio Edward Culpepper Cooper 411 West Lewis & Clark Parkway Clarksville, Indiana 47129 City of Jeffersonville Office of the Mayor and Board of Public Works 501 E. Court Ave. Jeffersonville, IN 47130 This Agreement will terminate automatically upon the occurrence of any of the following events, and upon such occurrence, any payments owing by the Board and the City of Jeffersonville to the Agent of Record hereunder shall be forfeited: Loss or suspension of Agent of Record's license(s) or Corporate license; The death or total disability of Agent of Record, if Agent of Record is an individual; If Agent of Record is a corporation, partnership, or joint venture, the death or total disability of any one of the following named individuals: None ARTICLE VI NON-WAIVER Failure of the Board and the City of Jeffersonville to insist upon the performance of any of the terms of this Agreement or to declare a forfeiture or termination in the event of nonperformance by the Agent of Record shall not constitute a waiver by the Board and the City of Jeffersonville of performance required hereunder. ARTICLE VII ASSIGNMENT No assignment, transfer or disposal of any interest that Agent of Record may have pursuant to this Agreement shall be made at any time without prior written approval of the Board. 5 ARTICLE VIII BINDING AGREEMENT This Agreement shall be binding upon the administrators and executors, successors and permitted assignees of the parties hereto. ARTICLE IX AMENDMENT No Amendment or modification of this Agreement shall be valid, or of any force or effect, unless the same be in writing and acknowledged and signed by the Board and the Agent of Record, except as set out in Article II, Paragraph C and Article Ill, Paragraph A herein. ARTICLE X ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to this subject matter. Neither party has relied on any oral representations by the other party outside of the written terms of this Agreement. 6 ARTICLE Xl EXECUTION OF THE AGREEMENT The parties acknowledge their agreement to be bound by all the terms and conditions contained in this Agreement and Schedule A attached hereto, as evidenced by their respective signatures below: Culpepper Grou_p, Inc. Ti~tie: President and CEQ~/f~ Board of Public Works and Safety for the City of jeffe/~onville // By: ~oard&er /~ Title: Title: f'B~ard Member Title: "~ard Member Date: 7 II. STANDARD AGENCY AGREEMENT BETWEEN BOARD OF PUBLIC wORKS and SAFETY for the CITY OF jEFFERSONVILLE and CULPEPPER GROUP, INC. SCHEDULE A Plan of insurance and factors Medical Health Benefits Major Medical Benefits Comprehensive Major Medical Benefits Dental Benefits Prescription Drugs Vision Benefits Group Accidental Death&Dismemberment Group Life Group Dependent Life Group Long Term Disability Property & Casualty Group Weekly or Monthly Disability Section 125 Plans and AFLAC Workers Compensation Partial Self-Funded Accounts Loss Funding Payments to Agent of Record by insurance companies and/or Third Party Administrators. A. Health Coverage/Fee Based Accounts Ten per cent ('10%) as paid of earned premiums. This commission scale shall become effective for each account on its effective date..On each renewal date of an account, calculation of commission payment shall begin again. Single employers which have multiple account numbers will be counted as one account for the purpose of earned premium and charges calculation. B. Health Coverage/Cost Plus Accounts/Partial Self-Funded Accounts Fiat three per cent (3%) of all expected costs for partial self-funded accounts. Commissions can be reduced by ten per cent (10%) for annualization at Agent's action and approved by the Mayor of the City of jeffersonville. · , Io ees shall be those existing on the monthly run date The number of,covered em 3~ ...... ~.,.,~ ,~,-,,- ~h~ ~-nmmission calculation system. (between the 1~ and the 10 C. Other Coverage under~vritten and placed by the Agent of Record Ten per cent (10%) of earned premiums as provided by insurance company or as agreed to by writing company. D. Property and Casualty/Loss Funding/Workers Compensation Insurance commissions will be ten per cent (10%) of property and casualty premiums and loss funding estimated costs. All workers compensation will pay six per cent (6%) commission or company filed schedule with the Department of Insurance,