39-16 Exhibit A-Fairview Insurance as Broker.pdf

Exhibit “A”

AGREEMENT FOR SERVICES AS BROKER OF RECORD THIS AGREEMENT made and entered into on this ee day of January, 2016 by and between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, located at Town Hall, 66 Main Street, West Orange, County of Essex and State of New Jersey, hereinafter called the “TOWNSHIP”, party of the first part, and FAIRVIEW INSURANCE AGENCY ASSOCIATES, INC., located at 25 Fairview Avenue, Verona, County of Essex and State of New Jersey, hereinafter referred to as “BROKER,” party of the second part. WITNESSETH THAT: WHEREAS, the Governing Body of the TOWNSHIP has determined that it is in the best interests of the TOWNSHIP to retain the services of BROKER to provide services as the Township’s broker of record with respect to all risk management and insurance coverage; NOW, THEREFORE, in consideration of the mutual promises, terms and conditions hereinafter set forth, the parties hereto agree as follows: 1. The TOWNSHIP hereby retains the services of BROKER for the period January 1, 2016 through December 31, 2016. 2. BROKER will in all instances be paid in the form a negotiated broker fee from the Third Party Administrator or the insurance carrier, and will never be paid directly by the TOWNSHIP. 3. BROKER will not impose any additional consulting fees or charges upon the TOWNSHIP. 4. BROKER will in all instances accept the negotiated broker fee paid from the Third Party Administrator or the insurance carrier as payment in full. 5. BROKER shall be responsible for brokering self-insured medical coverage through the Third Party Administrator. 6. BROKER shall be responsible for brokering dental and prescription drug coverage through an insurance carrier

7. BROKER is hereby placed on notice that no Department Head, individual member of the Governing Body, or any agent, servant or employee of the TOWNSHIP possesses any lawful authority to: (a) engage the rendition of services or the performance of work; (b) authorize the continuation of services or work beyond the amount specifically approved in the Resolution and Certificate of Funds; or to (c) represent that future funds will be available as compensation for current services. Any such acts shall be deemed ultra vires and beyond the scope of any authority that individual may possess. No bills, statement or vouchers for any amount exceeding that originally approved will be honored or paid by the TOWNSHIP, irrespective of whether such services were actually performed. 8. During the term of this agreement, BROKER shall maintain professional liability malpractice insurance coverage with an insurance company licensed and authorized to do business in the State of New Jersey with coverage not less than $1,000,000. BROKER shall provide the Township Attorney and Municipal Clerk with proof of a valid certificate of insurance listing the TOWNSHIP as a certificate holder. To the extent that this insurance coverage is scheduled to lapse at any time before the end of the contract, BROKER shall provide proof of renewal or new insurance coverage no later than thirty (30) days before the termination of the current coverage. 9. The provisions of this agreement are subject to the limitations of provisions of the New Jersey Tort Claim Act, N.J.S.A. 59:2-1 et seq., and the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1 ef seq. 10. This agreement shall be governed by the laws of the State of New Jersey without regard to principles of conflict of laws. All contract claims under this agreement shall be subject to and governed by the provisions of the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq.

IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: KAREN J. CARNEVALE, R.M.C WITNESS: : Qian wo) O 4823-3000-8108, v. 1 TOWNSHIP OF WEST ORANGE By: JOHN K. SAYERS, BUSINESS ADMINISTRATOR FAIRVIEW INSURANCE AGENCY ASSOCATES, INC. By: v4 Michae | Graham, C00.