HomeMy WebLinkAboutC-1954 - Adjusting service - general liability insurance - self insurance program administrationCITY OF NEWPORT BEACH
CALIFORNIA
City Han
3300 W. Newport Blvd
Area Code 714
LATE Job 14, 1978
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. c -19 S4 nnwedment
Description of Contract awl P- twwurwnew Prnarww A/lwinlwtratlrm
Authorized by Resolution No. 0AAQ adopted on _uly 11- 1079
Effective date of Contract V14t 11. Viola
Contract with 0 1._ r.r.rr s rpWNy
Address 17870 Sky lark Circle, Irvine Ch 92714
Mn,
Amount of Contract
Sao Contract
A-t-� Le=n24 it—
City Clerc IQ
CITY
Bill Brova, Safety b Insurance Admi &trator July 14 78
Re: Self- Insurance Administration Services
R. L. Kautz S Company
Amendment to Contract No. 1954
Attached is a copy of the above contract for transmittal to R. L. Kautz 6
Company together with a certified copy ofthe resolution authorizing it.
Also attached is a copy of the contract amendment for your files, to
resolution and the memo to the City Council from the City Attorney.
DORIS GEORGE
City Clerk
cc:City Attorney
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AMENDMENT TO AGREEMENT
CITY OF NEWPORT BEACH - R. L. KAUTZ & CO.
SELF - INSURANCE ADMINISTRATION SERVICES
This Amendment to Agreement is made and entered
into this AZZ day of , 1978, by and between the
CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "City," and R. L. KAUTZ & CO., hereinafter
referred to as "Contractor," for certain self- insurance
administration services.
W I T N E S S E T H:
WHEREAS, City and Contractor have entered into
an Agreement, dated July 25, 1977, for the administration of
the City's self- insurance program; and
WHEREAS, City and Contractor wish to amend said
Agreement to increase the consideration City pays to Contractor
for said servcies.
NOW, THEREFORE, in consideration of the mutual
obligations herein, the parties hereto agree to amend
Paragraph 6, Page 4, of the Self- Insurance Administration
Services Agreement, dated July 25, 1977, as follows:
"6. Consideration. City agrees to
pay Contractor the sum of Ten Thousand Dollars
($10,000.00), payable quarterly in equal
installments, to provide all services set
forth herein except Allocated Expenses and
Additional Investigative Expenses set forth
in 2B of Agreement."
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z
IN WITNESS WHEREOF, the parties hereto have caused
this Amendment to Agreement to be executed the day and year
first above written.
ATTEST:
'�" L"'
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
�WAP I/
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R. L. KAUTZ & CO.
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SENIOR VICE. - PRESIDENT
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DDO:cr
6/28/78
RESOLUTION NO. 94 00
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO AGREE-
MENT BETWEEN THE CITY OF NEWPORT BEACH AND
R. L. KAUTZ & CO. IN CONNECTION WITH SELF -
INSURANCE ADMINISTRATION SERVICES
WHEREAS, there has been presented to the City
Council of the City of Newport Beach a certain Amendment
to Agreement between the City of Newport Beach and R. L.
KAUTZ & CO., increasing the consideration the City pays
to R. L, KAUTZ & CO. for the administration of the City's
self- insurance program; and
WHEREAS, the City Council has reviewed the terms
and conditions of said Amendment to Agreement and finds
them to be satisfactory and that it would be in the best
interest of the City to authorize the Mayor and City Clerk
to execute said Amendment to Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Amendment to Agreement
above described is hereby approved, and the Mayor and City
Clerk are authorized and directed to execute the same on
behalf of the City of Newport Beach.
ADOPTED this 11th day of July , 1978.
Mayor
ATTEST:
City Clerk
DDO:cr
6/29/78
0
TO:, FINANCE DIRECTOR
FROM: City .Cleric
SUBJECT: Contract No. 1954
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
pqT; September 7, 1977
Description of Contract Adlustina Service s /General Liability Insurance
Authorized by Resolution No. 9156 , adopted on July 25, 1977
Effective date
of Contract
June
25, 1977
Contract with
R. L.
Kautz b
Co.
Address 1800 Avauus of the Stars
Los Anneles. CA 90067
Amount of Contract See Contract
City Clerk IT
A G R E E M E N T
CITY OF NEWPORT BEACH - R. L. KAUTZ & CO.
SELF - INSURANCE ADMINISTRATION SERVICES
This Agreement is made and entered into this
i
day off, 1977, by and between the CITY OF NEWPORT
i
BEACH, a municipal corporation, hereinafter referred to as
"City" and R. L. KAUTZ & CO., hereinafter referred to as
"Contractor ", for certain services as outlined herein in connection
with the duties and responsibilities of administering a program
of Liability Self- Insurance.
W I T N E S S E T H:
WHEREAS, City has undertaken to self- insure; and
WHEREAS, Contractor is engaged in the supervision and
administration of programs of self- insurance.
NOW, THEREFORE, for and in consideration of the mutual
obligations hereby assumed, and the performance of the acts
hereinafter set forth, the parties hereto agree as follows:
1. General. Contractor agrees to supervise and
administer the Liability Self- Insurance program for City and shall
act as their representative in connection with the investigation,
adjustment, processing, supervision and resolution of general
liability and automobile liability claims and potential claims for
money damages asserted by third parties against City which are
premised upon allegations of negligent or careless acts or omissions,
or conduct for which City is alleged to be legally responsible,
and agrees further to provide to City during the term of this
Agreement all the services more particularly set forth hereinafter.
In the performance of the services provided for herein,
Contractor shall use its best efforts without any guarantee as
to the ultimate outcome of any claim adjusted, investigated,
processed, supervised or resolved by Contractor.
2. Investigative Services. (A) Contractor agrees
to provide investigative services as follows:
(1) Receipt and examination of all reports
of accidents, incident, claims or cases which are or may
be the subject of such liability claims.
(2) The initial investigation of such accidents,
incidents, claims or cases, where nature of the claim
warrants such investigation, or when requested by City;
such investigation to include contact with claimant, on -site
investigation, photographs (non - commercial), interview
employees of City, as hereinafter set forth, and other
such initial investigative services necessary to determine
liability and damages, but not to include extraordinary
professional services as set forth in subsection "B ". City
shall make available to Contractor, at the office of
Contractor, all employees of City who are witnesses to an
incident or accident or who have knowledge of the event
or incident which is the subject matter of the claim. The
statements of such individuals shall be taken at the office
of Contractor without additional charge. City shall provide
Contractor with photographs and engineering drawings or
other descriptive material of all conditions of City property
which are alleged to be dangerous or that were damaged in
the events which produce the claim under investigation.
The investigative facilities of Contractor shall
be limited in scope and directed at determining the probable
liability or lack thereof by City. All additional investiga-
tions that may be required shall be construed as extra-
ordinary professional services as set forth in subsection
"B" herein.
(B) Allocated Expenses and Additional Investigative
Expenses. City agrees to pay for the cost of extraordinary
investigative services where expert and professional
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i
• 0
assistance is required, such as professional photography,
independent medical examinations, laboratory services,
taking statements from witnesses away from the premises
of Contractor, copying medical and other records, trial
preparation and professional engineering services, includ-
ing but not limited to map preparation, accident reconstruction,
material analysis and evaluating premises.
3. Adjustment Services. Contractor agrees to provide
complete adjustment services on each accident or incident which is
or may be the subject of a liability claim. Such services shall
include:
(A) The maintenance of a claim file on each potential
or actual claim reported to Contractor.
(B) Whenever its investigation results in a
determination that City has sustained a liability to a
third party, Contractor shall process any such claim or
potential claim for settlement in accordance with instructions
and policies of City for settlement of such claims.
(C) Notification of City's primary and excess carriers
of all claims which exceed City's retention and maintenance
of liaison between the insurance carriers and the City on
matters affecting the adjustment of such claims and notify
City when City is entitled to reimbursements for loss in
excess of retention.
(D) Rejection of claims when appropriate, pursuant
to relevant provisions of Title 1, Division 3.6, Part 3,
Chapter 2, of the Government Code of the State of California.
(E) Obtain all Release Agreements on settlement of
any claim or potential claim.
4. Administrative Services. Contractor agrees to
provide the following administrative services:
(A) Preparation and submission of an Operating Manual
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of Procedure for reporting claims to Contractor and
the proper procedures for completing accident forms.
(B). Provide City during the term of this Agreement
with tabulated Monthly Status Report on all reported
claims during the term of this Agreement, indicating the
status of each reported open claim assigned to Contractor,
the details of each claim, the outstanding reserves for
each claim and details of all claims payments during the
month. The Status Report shall be delivered to City
within twenty (20) days of the close of each calendar
month.
(C) Periodic review and adjustment of reserves on
all open claims.
5. Period of Agreement. This Agreement is for a
period of twelve (12) months commencing at 12:01 A.M.,
June 25, 1977, and ending Midnight, June_25, 1978. Thereafter,
it is the intention of the parties to continue this Agreement
in full force and effect, subject to annual renegotiation of Item
6 hereunder ( "Consideration "), unless and until this Agreement
is terminated by either party as hereinafter provided.
6. Consideration. City agrees to pay to Contractor
the sum of Eight Thousand Dollars ($8,000.00) payable quarterly
in equal installments, to provide all services set forth herein
except Allocated Expenses and Additional Investigative Expenses
set forth in 2B herein.
7. Cancellation of Agreement. This Agreement may
be terminated by either party giving to the other, in writing,
notice of his intention to cancel this Agreement at least sixty
(60) days prior to the date of termination.
8. Disposition of Files on Termination of Agreement.
(A) All files on each claim shall be the property
of the City.
(B) In the event of termination or cancellation of
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this Agreement by City, the total consideration to be
paid by City to Contractor as set forth in Section 6
herein shall be due and payable.
(D) In the event of cancellation of this Agreement
by Contractor, the consideration to be paid pursuant to
6 shall terminate effective with the termination of
the Agreement and the City shall not be liable for further
payment.
9. Hold Harmless. City agrees to defend any legal
action commenced against Contractor caused directly or indirectly
by wrongful or negligent acts of City's officers, employees,
agents or others engaged by City; and indemnify Contractor against
any liability, loss, cost or damage, including attorney's fees
resulting therefrom.
Contractor agrees to defend any legal action commenced
against City caused directly or indirectly by wrongful or
negligent acts of Contractor's officers, employees, agents or
others engaged by Contractor; and indemnify City against any
liability, loss, cost, or damage, including attorney's fees,
resulting therefrom.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed the day and year first above
written.
ATTEST:
i y Clerk
CITY OF NEWPORT BEACH, A
Municipal Corporation
R. L. KAUTZ & CO.
B '] V
Senior Vice- President
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L 2 I1? J7
By ff;3 C1 I,( �vJ;VCl�
CITY of wrwp -; Qwr per¢; RESOLUTION NO. 9 15 6
11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT TO
R. L. KAUTZ AND COMPANY TO PROVIDE ADJUSTING
SERVICES UNDER THE CITY'S GENERAL LIABILITY
INSURANCE POLICY
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain contract between the
City of Newport Beach and R. L. Kautz and Company in connection
with providing adjusting services under the City's general
liability insurance policy; and
WHEREAS, the City Council has reviewed the terms
and conditions of said contract and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said contract;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said agreement above described
is hereby approved, and the Mayor and City Clerk are authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 25th day of July , 1977.
Mayor
ATTEST:
City Clerk
DDO /bc
7/20/77